EENEY GENE 

TEXAS 

December 4, 1969 

Hon. J. Pat O'Keefe 

Executive Director 

Opinion No, M-531 

Texas Fine Arts Commission Re: Whether funds appropriated 

825 Brown Building in Item 7 of the General 

Austin, Texas 78701 Appropriations Act, 61st 

Legislature, R.S., 1969, 

Dear Mr. O'Keefe: 

may be expended by the Fine 

Arts Commission for the purposes stated to local communities in the State of 

Texas. 

Your request for an opinion reads, in part, as follows: 

"The Texas Fine Arts Commission is engaged 

in providing a touring program to benefit citizens 

of all ages in communities throughout the State 

of Texas. By sharing the costs in providing 

quality cultural programs (traditional, contemporary and classical), we intend to crystalize 

local interest in and support for the various 

creative arts and to bring to communities and 

neighborhoods that would not otherwise be able 

to afford such programs musical ensembles, choirs 

and other co~ncert groups, drama and dance theatre 

groups and other similar performing units and 

visual art displays. 

"In order to carry out this program, the 

Legislature has appropriated $40,000 per year 

for the biennium ending August 31, 1971, to the 

Fine Arts Commission. The Comptroller of Public 

Accounts has questioned whether this money may 

be expended for such purpose in view of the pro- 

.visions of Sections 50 and 51 of Article III of 

the Constitution of Texas. I, therefore, request 

an opinion on the following question: 

'May funds appropriated in Item 7 of the appropriations to the Fine Arts Commission for the 

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Hon. J. Pat O'Keefe, page 2 (M-531) 

biennium ending August 31, 1971, be expended 

by the Fine Arts Commission for the purpose as 

outlined above to local communities in the State 

of Texas?" 

The Texas Fine Arts Commission was created by the 

provisions of Article 6144g, Vernon's Civil Statutes. Section 

3 provides the duties and responsibilities of the Fine Arts Commission and reads, in part, as follows: 

"Sec. 3. The duties and responsibilities 

of the Commission shall be: 

"a . To foster the development of a receptive climate for the fine arts that will 

culturally enrich and benefit the citizens of 

Texas in their daily lives, to make Texas visits 

and vacations all the more appealing to the 

world and to attract to Texas residency additional outstanding creators in the field of 

fine arts through appropriate programs of 

publicity and education, and to direct other 

activities such as the sponsorship of art 

lectures and exhibitions and central compilation and dissemination of information on the 

progress of the fine arts in Texas." 

Section 5 provides that "Appropriations may be made by 

the Legislature to the Commission to carry out the purposes of 

this Act." 

House Bill 2, Acts of the 61st Legislature, 2nd C.S., 

1969 (General Appropriations Act for the biennium ending August 

31, 1971), contains the following appropriation to the Fine Arts 

Commission: 

"For the Years Ending 

August 31, August 31, 

1970 1971 

"7 . Touring Projects $40,000 $40,000" 

The rider relative to the expenditure of Item 7, supra, 

provides: 

"The expenditure of moneys appropriated by 

Item 7 on any project shall be conditioned upon 

the funds being matched by private or Federal 

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. 

Hon. J. Pat O'Keefe, page 3 (M-531) 

funds. An affidavit signed by the Executive 

Director of this Commission that the matching 

sums have been expended, or have been made available and will be expended shall be considered 

suitable evidence by the Comptroller of compliance with this provision. 

It is our opinion that Subdivision (a) of Section 3 

and Section 5 of Article 6144g, constitute pre-existing,law 

within the meaning of Section 44 of Article III of the Co,nstitution of Texas for the appropriation contained in Item 7 to 

the Fine Arts Commission. Consequently, that appropriation may 

be expended for the purposes outlined in your request, unless 

prohibited by Sections 50 and 51 of Article III of the Constitution of Texas. Section 50 of Article III of the Constitution of 

Texas provides as follows: 

"Sec. 50. The Legislature shall have no 

power to give or to lend, or to authorize the 

giving or lending, of the credit of the State 

in aid of, or to any person, association or 

corporation, whether municipal or other, or to 

pledge the credit of the State in any manner 

whatsoever, for the payment of the liabilities, 

present or prospective, of any individual, association of individuals, municipal or other 

corporation whatsoever. 

The pertinent provisions of Section 51 of Article III 

of the Constitution of Texas provide: 

"Sec. 51. The Legislature shall have no 

power to make any grant or authorize the making 

of any grant of public moneys to any individual, 

association of individuals, mur$cipal or other 

corporations whatsoever; . . . 

A grant of State funds for governmental use or purposes 

as distinguished from private purposes is not prohibited by Sections 50 or 51 of Article III of the Constitution of Texas or anv 

other provision of our State Constitution. State v. City of " 

Austin, 160 Tex. 348, 331 S.W.2d 737 (1960); Bexar County v. 

Linden, 110 Tex. 339, 220 S.W. 761 (1920); Road Distric; No. 4, 

m County v. Allreg, 123 Tex. 77, 68 S.W.2d 164 ( 9 4); 

Jefferson County <~ Board of Count and District Road Indebtedness, 

143 Tex. 99 18 9 8 ( 4')y City of Aransas Pass v. Keeling, 112 Tei. 3~9~'%?S.~. 8:: 71423). 

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. . 

Hon. J. Pat O'Keefe, page 4 (M-531) 

Applying the principle announced in the above cited 

cases to the facts presented in your request, we have concluded 

that the expenditure of State funds for the purpose of sharing 

costs in providing cultural programs to various communities and 

neighborhoods in the State is for a governmental purpose rather 

than for a private purpose. Article 6144g specifically states 

that it is the duty and responsibility of the Fine Arts Commission "to foster the development of a receptive climate for the 

fine arts that will culturally enrich and benefit the citizens 

of Texas in their daily lives." 

You state in your request that the proposed expenditure 

of Item 7 is for the purpose to "crystalize local interest in 

and support for the various creative arts." 

It is, therefore, our opinion that the expenditure of 

Item 7 to the Fine Arts Commissi$n for the biennium ending August 

31, 1971, is for the purpose of the development of a receptive 

climate for the fine arts that will culturally enrich and benefit 

the citizens of Texas in their daily lives" and is thus for a 

governmental purpose as distinguished from a private purpose. 

You are accordingly advised that Item 7 of the appropriation to the Fine Arts Commission for the biennium ending 

August 31, 1971, may be expended for the purposes described in 

your request. 

SUMMARY 

Funds appropriated in Item 7 of 

priation to the Fine Arts Commission 

biennium ending August 31, 1971, may 

for the purpose of sharing the costs 

cultural programs to communities and 

in the State of Texas. 

/Q 

the approfor the 

be expended 

in providing 

neighborhoods 

Prepared by John Reeves 

Assistant Attorney General 

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. . . 

Ron. J. Pat O'Keefe, page 5 (IU-a-531) 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

George Kelton, Vlce-Chalrman 

Jack Sparks 

Alfred Walker 

Rex White 

Jay Floyd 

MEADE F. GRIFFIN 

Staff Legal Assistant 

NOLA WRITE 

First Assistant 

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