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AWSTYN. TEXAS 78711 

*T-xwmzNKY a3ncNRRAL 

November 13, 1970 

Hon. John C. White Opinion No. M- 729 

Commlssloner 

Texas Department of Agriculture Re: Whether the Texas DepartP. 0. Drawer BB ment of Agriculture may 

Austin, Texas 78711. legally enter Into a 

certain contract for payment of a monthly consultaDear Mr. White: tlon fee. 

Your recent letter requesting the opinion of this office 

concerning the referenced matter states as followsr 

“The Texas Department of Agriculture respectfully solicits your opinion on whether or not the 

State of Texas can legally pay for marketing services of a former employee who is working in and 

consequently temporarily residing in Europe. 

“It is my understanding that we can because 

the scope of our market development work is broad 

based and covers services and activities on behalf of our farmers in domestic and foreign markets. 

We have, therefore, already done extensive work in 

Latln America and have made market surveys In Asia: 

One trade show has been attended in Europe. 

“The former employee at present is located in 

Bologna, Italy, studying International marketing. 

He will be free to travel throughout Europe most 

of the time during the next twelve months. 

“He has agreed to represent t,he Texas Department of Agriculture at trade shows, make surveys 

to determine market potential for Texas products, 

study policy and procedures for exporting these 

products, conduct product promotion and otherwise 

assist Texas shippers by providing them,with reports and Informatlon~ on a regular basis. 

?-le has further agreed to report his progress 

in writing to this department each month and provide detailed reports on specially assigned projects. 

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Hon. John C. White, page 2 (M-729) 

He will work under the Immediate supervlsion of the 

Texas Department of Agriculture Marketing Director. 

"The Texas Department bf Agriculture is desirous 

of entering Into a contract with this former employee 

and are agreeable to paying him a monthly consultation 

fee. 

"We,wlll appreclate'your Immediate action on 

this matterr"~ 

.~ The duties of the Commissioner of Agriculture are set 

forth 1n:Artlcle 51, Vernon's Civil Statutes. That Article provides, in part; as follows~ 

"The duties of the commissioner shall be as 

followsr: 

11 .,~ 

. .:' , 

'i5, ', He shall Investigate and report upon the 

question. of broadening,the market and of Increasing 

the demand for cotton goods and all other agrlcultural and horticultural products, both In t$e 

United States and in foreign countries. . . . 

Line Item 9 of the current legislative approprlatlon 

for the Department of Agriculture, which Is found in Section 1 

of Article III of House Bill 2, Acts 61st Leg., 2nd C.S. 1969 

(General Appropriation Act for tha biennium ending August 31, 

1971), provides, In part, as follows: 

For expanding the marketing outlets 

for Te~a~~~gricultural~commod,lties, . . . for 

salaries, wages, travel, other expenses and 

contingencies . . ., 

provides: 

$1,882,213 $2,066,487 & U.B." 

Article,III,,Section 44 of the Constitution of Texas 

"The Legislature shall provide by law for the 

compensation of all officers, servants, agents and 

public contractors, not provided for in this 

Constitution, but shall not grant extra compensation to any officer, agent, servant, or public. 

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. . 

Hon. John C. White, page 3 (M-729) 

contractors, after such public service shall have 

been performed or contractentered into,. for ~the 

performance of the same; nor grant, by appropriation 

or otherwise, any amount of money out of the Treasury_ 

of the State, to any lnd,ividual, on a claim, real 

or pretended, when the same s'hall not have been 

provided for by pre-existing law; nor employ any 

one in the name of the State, unless authorized by 

pre-existing law." (Emphasis added.) 

The foregoing constitutional provision prohibits approprlations by the Legislature unless there Is in force a preexisting law to support such appropriation. Austin National Bank 

v. Sheppard, 123 Tex. 272, 71 S.W.2d 242 (19341. 

We are of the opinion that Section 5 of Article 51, Vernon's Civil Statutes, which requires the Commissioner of Agriculture 

to investigate and report upon the question of broadening the market 

and of Increasing the demand'sf agrlcul&al and horticultural products, both in the United, States and foreign countries, constitutes 

a valid pre-existing law to support the appropriation for salaries, 

wages, travel and other expenses and contingencies In connection with 

expanding the marketing outlets for Texas agricultural commodities. 

Unless restricted or limited by the Constitution, the State 

ha&the right to enter Into contracts. Texas National Guard Armory 

Board v. McGraw, 132 Tex. 613, 126 S.W.23 b2/ (1939) . 

The'power of the State to contract exists as an Incident 

to the general right of sovereignty and the State through the lnstrumentallty of its various departments to which contractual powers 

have been delegated by the Legislature may enter into contracts not 

prohibited by law and appropriate to'the proper exercise of the 

State's contractual powers. 

~262 S.W. 722 (1924). 

Scribner's Sons v. Marrs, 114 Tex. 11, 

In view of the foregoing authorities, and under the facts 

and circumstances presented, we are of the opinion that Section 5 of 

Article 51, Vernon's Civil Statutes, grants to the Commlssloner of 

Agriculture the authority to enter into a contract with an individual 

to perform certain market surveys i,n Europe and compensate such individual for such services by way of a monthly consulta$ion fee. 

SUMMARY 

The Commissioner of Agriculture, pursuant to 

Article 51, Vernon's,Clvil Statutes, hs(s the authority 

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Hon. John C. White, page 4 (M-729,) 

under,the facts and circumstances presented to 

a contract to pay a monthly consultation 

he.rendering of various marketing surveys 

and studies.to an lndlyldual temporarily residing In 

Eur.ope. 

Prepared d$..Pa.t Bailey 

Assistant Att&i&y General 

neral of Texas 

APPROVED: 

OPINION COMMITTEE 

Kerns Taybr,' Chairman 

W. E. Allen, Co-Chairman 

Roland Allen 

Ben Harrison 

Arthur Sandlln 

John Reeves 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFREDWALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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