July 3, 1957

Honorable Robert S. Comptroller of Pub1 Calvert, OpinionNo: 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 differentpoints 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 differentpoints in Texas for the purpose of receiving awards of anx type a legal charge against State funds?

You have enclosedwith yo'ur request an invoice of the purchase of thirty-nine tie chainsby the Department of Public Safety and a memorandum to the Chief Accountant from the AdministrativeAssistant of the Department of PublicSafety concerning the purchaseand expense involved in your request. According to the memorandum, the tie chains are to be used as awards for marksmanshipcompetitionas a part of the training program and as an incentive for improvedprofessionalcompetance in thework which is customarilyperformed.

Section 51 of Article III of the Constitutionof Texas provides:

"TheLegislature 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 corporationswhatsoever.

. .'Honorable Robert S. Calvert, Page 2,(WW- 1

This constitutionalprovisionprohibits "the gratuitous dispositionof 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'concernswhether'the tie chains to be used as awards for marksmanshipcompetition constitutea gratuity to the recipient. We are of the opinion that such awards constitutea gratuity since it is not compensationfor services renderedby the employeenor is it a purchase of a supplynecessary **in** the performanceof the duties of the Departmentof Public Safety. If the tie chains are purchasedas a part of the official uniform under the provisionsof Article 4413 (25) Vernon's Civil Statutes, such purchasewould constitutea purchase of a supply and would be a legal charge against State funds.
Since such awards constitutea granting of a gratuity, travel for such awards constitutes travel on personalbusiness rather than travel in the performanceof a governmental function. It is therefore our opinion that expenses incurred in travel to differentpoints 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 differentpoints in Texas for the purpose of receiving awards.

Yours very truly,

WILL WILSON Attorney General of Texas

JOHNREEVES JR:pf APPROVED: OPINION COMMITTEE
H. GradyChandler,Chairman J. W. Wheeler Byron Fullerton Richard Wells REVIEWED FOR THE ATTORNEY GENERAL
By: Geo. P. Blackburn