*. . 

THEAAITBICNEYGENERAL 

OF TEXAS 

March 29, 1977 

The Honorable E. L. Short 

Chairman 

Opinion No. H- 964 

House Committee on Intergovern- Re: Whether article lOllm, 

mental Affairs section 8, V.T.C.S., violates 

P. 0. BOX 2910 article 1, section 10 of 

Austin, Texas 78767 the United States Constitution. 

Dear Chairman Short: 

You have asked our opinion whether section 8 of article 

lOllm, V.T.C.S., violates article 1, section 10 of the United 

States Constitution. Article 1Ollm provides for the creation 

of regional planning commissions in this State. Any two or 

more general purpose governmental units may create a regional 

planning commission to make studies and plans to guide the 

development of the area. Recommendations of the commission 

may be adopted in whole or in part by the respective governing 

bodies of the cooperating governmental units. V.T.C.S. art. 

lOllm, §S 3, 4. Section 8 of article 1Ollm provides: 

With advance approval of the governor, 

a Commission in a region or area contiguous 

to areas in the Republic of Mexico may 

expend the funds available under the provisions of Section 6 of this Act in cooperation 

with agencies of the Republic of Mexico or 

its constituent states or local governments 

for planning studies encompassing areas lying 

both in this state and in contiguous territory 

of the Republic of Mexico. 

You ask if this provision conflicts with article 1, section 

10 of the United States Constitution, which provides in 

pertinent part: 

No State shall enter into any Treaty, 

Alliance, or Confederation . . . . 

p. 4017 
- . 

The Honorable E. L. Short - page 2. (H-964) 

. . . . 

No State shall, without the Consent of 

Congress . . . enter into any Agreement 

or Compact with another State, or with a 

foreign Power . . . . 

Although the terms "Treaty, Alliance, or Confederation" 

and "Agreement or Compact" are nowhere defined in the Constitution, their meanings have long been understood. 

LT]he terms used, "treaty, alliance, or 

confederation" . . . apply to treaties of 

a political character: such as treaties of 

alliance for purposes of peace and war: and 

treaties of confederation, in which the 

parties are leagued for mutual government, 

political co-operation, and the exercise of 

political sovereignty; and treaties of cession 

of sovereignty, or conferring internal political 

jurisdiction, or external political dependence, 

or general commercial privileges. The latter 

clause, "compacts and agreements," might then 

very properly apply to such as regarded what 

might be deemed mere private rights of sovereignty; 

such as questions of boundary; interests in land 

situate in the territory of each other: and other 

internal regulations for the mutual comfort and 

convenience of States bordering on each other. 

2 J. Story, Commentaries on the Constitution of the United 

States 9 1403 at 264 (4th ed. 1873); Virginia - v. Tennessee, 

148 U.S. 503, 519 (18931. 

Section 8 of article 1Ollm clearly does not authorize 

the creation of any "Treaty, Alliance, or Confederation" 

within the meaning of the Constitution. Whether that section authorizes an "Agreement or Compact" requiring the 

consent of Congress depends upon whether it permits 

the formation of any combination tending to the 

increase of political power in the States, which 

may encroach upon or interfere with the just 

supremacy of the United States. 

P. 4018 
. . 

The Honorable E. L. Short, Page 3. (H-964) 

Virginia v. Tennessee, supra at 519; New Hampshire v. Maine, 

42fi U.S. x3. 369 (19761; -- Unite! States Steel Corporation v. 

Multistate Tax Commission, 417 E . SUPP. 795 (S.D.N.Y. 1976x 

(3 iudae ct.). urob. iuris. noted, 45 U.S.L.W. 3570 (Feb. 

22,~A19?7) (No: 76-6357; McHenry County v Brady, 163 N.W. -L 

540 (N.D. 1917). 

We do not believe that the "cooperation" between a 

regional planning commission and agencies, states or local 

governments of the Republic of Mexico authorized by section 

8 of article 1Ollm constitutes an agreement or compact 

within the meaning of the Constitution. Regional planning 

commissions are not authorized to enter into any binding 

agreements with officials of the Republic of Mexico. The 

purpose of the commission's "cooperation" with Mexican 

officials is to assist in "planning studies encompassing 

areas lying both in this state and in contiguous territory 

of the Republic of Mexico." The commission has no authority 

to bind its members as to the implementation of any such 

plans. The plans and recommendations of the commission and 

officials of the Republic of Mexico are merely preparatory 

to any action that might be taken either unilaterally or 

pursuant to an agreement or compact. 

The legislative declaration will take the 

form of an agreement or compact when it 

recites some consideration for it from the 

other party affected by it . . . . The 

mutual declarations may then be reasonably 

treated as made upon mutual considerations. 

The compact or agreement will then be within 

the prohibition of the Constitution or without 

it, according . . . [to whether it] may lead or 

not to the increase of the political power or 

influence of the States affected, and thus 

encroach or not upon the full and free exercise 

of Federal authority. 

Virginia v. Tennessee, supra at 520. - 

It is our opinion, therefore, that the cooperation 

authorized by section 8 of article 1Ollm between a regional 

planning commission and agencies, states and local qovernments of the Republic of Mexico does not empower a planning 

commission to enter into any treaty, alliance, confederation, 

agreement or compact with any level of the government of the 

Republic of Mexico. Consequently, article 1Ollm does not 

contravene article 1, section 10 of the United States Constitution. 

P. 4019 
. . 

The Honorable E. L. Short, page 4. (H-964) 

SUMMARY 

Section 8 of article lOllm, V.T.C.S.., does not 

authorize any treaty, alliance, confederation, 

agreement or compact between a regional planning 

commission and a foreign government and does not, 

therefore, violate article 1, section 10 of the 

United States Constitution. 

Attorney General of Texas 

C. ROBERT HEATH, Chairman 

Opinion Committee 

lfd 

p. 4020