July 3, 1957 

Honorable Robert S. 

Comptroller of Pub1 

Calvert, Opinion No: WW-153. 

ic Accounts, 

Capitol Station, Re: 

Austin, Texas. - 

Is the purchase of tie 

chains to be used as 

awards a legal charge 

against State funds? 

Are expenses incurred 

in traveling to the 

different points in 

Texas for the purpose 

of receiving awards of 

Dear Mr. Calvert: 

any type a legal charge 

against State funds? 

question: 

You have requested an opinion on the following 

"Is the purchase of tie chains to be 

used as awards a legal charge against State 

funds? Are expenses incurred in traveling 

to the different points in Texas for the 

purpose of receiving awards of anx type a 

legal charge against State funds? 

You have enclosed with yo'ur request an invoice of 

the purchase of thirty-nine tie chains by the Department of 

Public Safety and a memorandum to the Chief Accountant from 

the Administrative Assistant of the Department of Public Safety 

concerning the purchase and expense involved in your request. 

According to the memorandum, the tie chains are to be used as 

awards for marksmanship competition as a part of the training 

program and as an incentive for improved professional competance in the work which is customarily performed. 

Section 51 of Article III of the Constitution of 

Texas provides: 

"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, 

municipal or other corporations whatsoever. . .' 
Honorable Robert S. Calvert, Page 2,(WW- 1 

This constitutional provision prohibits "the gratuitous disposition of the state's money, property, or contractual 

rights." Rhoads Drilling Company vs. 

S.W. 2d 57x,(1934); 

Allred, 123 Tex. 229, 70 

Friedman vs. American z;ty Company of 

New York, 137 Tex. 139 151 S.W. 2d 570 ( 9 ) . Therefore, 

the question presented'concerns whether'the tie chains to be 

used as awards for marksmanship competition constitute a gratuity to the recipient. We are of the opinion that such awards 

constitute a gratuity since it is not compensation for services 

rendered by the employee nor is it a purchase of a supply necessary in the performance of the duties of the Department of 

Public Safety. If the tie chains are purchased as a part of the 

official uniform under the provisions of Article 4413 (25) 

Vernon's Civil Statutes, such purchase would constitute a 

purchase of a supply and would be a legal charge against State 

funds. 

Since such awards constitute a granting of a gratuity, 

travel for such awards constitutes travel on personal business 

rather than travel in the performance of a governmental function. 

It is therefore our opinion that expenses incurred in travel to 

different points in Texas for the purpose of receiving awards 

is not a legal charge against State funds. 

SUMMARY 

The Department of Public Safety does 

not have authority to purchase tie chains 

to be used as awards to its employees for 

marksmanship competition, or to pay expenses 

incurred in travel to different points in 

Texas for the purpose of receiving awards. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

JOHN REEVES 

JR:pf 

APPROVED: 

OPINION COMMITTEE 

H. Grady Chandler, Chairman 

J. W. Wheeler 

Byron Fullerton 

Richard Wells 

REVIEWED FOR THE ATTORNEY GENERAL 

By: Geo. P. Blackburn