C 

THEA ORNEk- @ENEJ~CA 

OF TEXAS 

Honorable Byron Tunnel1 

Speaker 

Opinion No. C-25 

House of Representatives Re: Construction of SecAustin, Texas tion 56 of Article 

XVI of the ConstltuDear Mr. Tunnell: tion of Texas. 

Your request for an opinion on the above subject matter 

reads as follows: 

"I hereby request an opinion from 

you concerning the constitutionality 

of House Bill No. 11. My particular 

question Is, under Article 16, Section 

56 of the Constitution is the legislature prohibited from authorizing expenditures of money for the purposes set 

forth in Article 16, Section56 of the 

Constitution in any other manner than 

by advertising In periodicals having 

national circulation. Or, stated in 

another manner, may the legislature 

authorize the expenditure of money 

under Article 16, Section 56, by the 

use of radio, newspapers, television 

and other means deemed appropriate. 

"Your earliest possible consideration of this Important matter would be 

appreciated." 

Section 56 of Article XVI o,f the Constitution provides 

as follows: 

"The Legislature of the State of 

Texas shall have the power to appropriate money and establish the procedure necessary to expend such money 

for the purpose of developing information about the historical, natural, 

agricultural, industrial, educational, 

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Honorable Byron Bunnell, Page 2 Opinion No. C- 25 

marketing, recreational and living 

resources of Texas, and for the purpose of informing persons and corporations of other states through advertising in periodicals having national 

circulation, and the dissemination 

of factual information about the aovantages and economic resources offered 

by the State of Texas; providing, 

however, that neither the name nor 

the picture of any living state official shall ever be used In any of 

said advertising; and providing that 

the Legislature may require that any 

sum of money appropriated hereunder 

shall be matched by an equal sum paid 

into the State Treasury from private 

sources before any of said money may 

be expended." 

Section 56 of Article XVI, above quoted, was adopted 

at the General Election on November 4, 1958. 

General's Opinion ~~-833 (1960), it was held: 

In Attorney 

"It Is to be noted that the Leglslature was not directed to appropriate 

these funds from any specific source 

of revenue. To implement this new 

constitutional provision L-Article 

XVI, Section 56, above quoted 7 the 

56th Legislature passed S.B. i52 

(Acts 1959, Regular Session, page 

431, Chapter 193). Sec. 3(a) thereof 

is quoted on the first page of this 

opinion. This contains express 

authority to do the thing inquired 

about by Mr. Greer - the paying for 

this brochure out of hlghway~ funds - 

and we quote: 'The Texas Highway 

Department is authorized and empowered 

to pay . . . the cost of developing 

and publishing various material and 

the dissemination thereof . . . from 

highway revenues.' 

II . . . 

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Honorable Byron Tunnell, Page 3 Opinion No. C- 25 

"It is the opinion of this office 

that the use of highway funds to pay 

for publishing and distribution of the 

brochure is in accordance with S.B. 152 

above referred to and of Art. 16, Sec. 

56 of the Constitution, is not prohibited by Art. 8, Sec. 7-a, nor by any 

other constitutional provision." 

In Attorney General's Opinion WW-534 (1958), it was 

held that the Texas Industrial Commission could expend monies 

for the purpose of planning, organizing and operating a 

program for attracting and locating new industries in this 

State, pursuant to the provisions of Article 5190& Vernon's 

Civil Statutes, and stated: 

"We are sustained In this c,onclusion in view of the fact that the 

voters of Texas adopted an amendment 

to Section 56 of Article XVI of the 

Constitution of Texas at the general 

election in 1958 . . ." 

In Attorney General's Opinion ww-676 (1959), it was 

held: 

"It Is our opinion that Section 56 

of Article XVI, supra, together with 

the enabling act, Article 5190$, constltutes pre-existing law, which would 

authorize you to pay these accounts, if 

in fact the accounts for salaries, office rent, etc., were incurred by the 

Texas Industrial Commission in planning, 

organizing or operating a program for 

attracting and locating new Industries 

in the State of Texas. . . .' 

The above mentioned Attorney General's Opinions are 

the only opinions construing the provisions of Section 56 

of Article XVI of the Constitution of Texas, as amended in 

1958, and, to our knowledge, there has been no decision by 

the courts of this State construing the amendment. 

It appears from the wording of Section 56 of Article 

XVI that the Legislature has the power to appropriate money 

for three purposes: (1) "f,or the purpose of developing information about the historical, natural, ,agrlcultural, industrial, 

educationalA marketingA recreational and living resources of 

Texas . . . , and (2) for the purpose of informing persons 

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Honorable Byron Tunnell, Page 4 Opinion No. C- 25 

and corporations of other states through advzrtisi 

periodicals having national circulation. . . , and "$ intI 3) the 

dissemination of factual Information about the advantages 

and economic resources offered by the State of Texas. . .' . 

It is clear that purpose (1) does not pertain to advertising, 

but applies only to the developing of certain Information. 

Where pa&sons and corporations of other states are to be 

informed about the advantages and economic resources of Texas 

through the medium of advertising in periodicals, such periodicals must have a national circulation; however, this limitation is clearly applicable only to this particular medium. 

You are, therefore, advised that the Legislature may 

authorize the expenditure of money under Section 56 of 

Article XVI of the Texas Constitution for the purpose of the 

dissemination of factual information about the advantages 

and economic resources offered by the State of Texas. The 

only limitation placed upon the Legislature as to its choice 

of the method of the dissemination of factual Information 

about the advantages and economic resources offered by the 

State of Texas is that when the advertising medium chosen 

for the purpose of disseminating such information to persons 

and corporations of other states is a periodical, it must 

be one of national circulation. 

The above conclusion is In harmony with the holdings 

of Attorney General's Opinion ~~-833, WW-534 and WW-676, 

copies of which are enclosed for your information. 

SUMMARY 

The Legislature may authorize the expenditure of money under Section 56 of Article XVI 

of the Constitution of Texas for the purpose of 

the dissemination of factual information about 

the advantages and economic resources offered by 

the State of Texas by use of radio, newspapers, 

television and other means deemed appropriate. 

However, the Constitution prohibits the expendltures of funds for the purpose of disseminating 

such information to persons or corporations of 

other states through the medium of advertising 

in a periodical unless such periodical be one of 

national circulation. 

Yours very truly, 

WAGGONER CARR 

Attorney General of Texas 

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Honorable Byron Tunnell, Page 5 Opinion No. C- 25 

Assistant Attor 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

W. 0. Shultz 

Howard Mays 

Ben Harrison 

Frank Booth 

APPROVED FOR THE ATTORNEY GENERAL 

By: Stanton Stone 

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