The Attorney General of Texas 

June 9, 1978 

JOHN L. HILL 

Attorney General 

Honorable Joe S. Gonzalez, Chairman 

Polygraph Examiners Board 

Opinion No. Ii- 1180 

Suite 218,ll West Anderson Lane Re: May the Polygraph 

Executive Office Terrace Examiners Board accept gifts of 

Austin, Texas 78752 money from a private source to 

supplement its operating budget. 

Dear Mr., Gonxalex: 

You have asked whether the Texas Association of Polygraph Examiners, 

whose more than three hundred members are regulated by the State 

Polygraph Examiners Roard, could legally underwrite certain board expenses. 

.,You explain that the board is operated on a very limited budget as the result 

of a provision in the Polygraph Examiners Act, V.T.C.S. article 4413(29cc), 

which reads: 

AR fees collected under the provisions of this Act 

shall be paid to the Treasurer of the State of Texas. 

Funds neceaary for the enforcement of thii Act and 

the administration of its provisions shall be 

appropriated by the Legislature, but the funds so 

appropriated for a biennium shall not exceed the total 

amount of the fees which it is anticipated will be 

collected hereunder during such biennium. 

V.T.C.S. art. 4413(29cc), 5 6(c). 

It has been suggested that the private association might pay (1) the 

expenses of updating and printing a booklet of the board’s regulations to be 

furnished the members of the association, (2) the cost of rooms necessary for 

the board to conduct intern examinations and board meetings, (3) the cost of 

room accommodations for board members during the semi-annual meetings of 

the association - in conjunction with which intern examinations are usually 

conducted, and (4) all or part of the salary and expenses of the Systems 

Administrator for the board. 

p. 4762 
, . 

Honorable Joe S. Gonzalez - Page 2 (~-1180) 

So far as we have been able to determine, the Polygraph Examiners Board has 

not been given authority by the Legislature to accept or use gifts from private 

sources. Legislative authorization for the acceptance of gifts is necessary. 

Attorney General Opinion O-4681 (1942). See 81A C.J.S., States S 145 at 590. 

- 

The’ Legislature has explicitly allowed some agencies and institutions to 

accept gifts, such as the Commission for the Deaf [V.T.C.S. article 4413(42)1; the 

Commission on Services to Children and Youth [V.T.C.S. article 4413(43)] ; and the 

Governor’s Commission on Physical Fitness [V.T.C.S. article 4413(44)]. For other 

examples, see article 46c-6, V.T.C.S. (Aeronautics Commission), article 3207a, 

V.T.C.S. (&mission for the Blind), article 4477-30, V.T.C.S. (Hemophilia 

Assistance Program), article 45901, V.T.C.S. (State Radiation Control Agency), 

article 42.121, Code Crim. Proc. (Adult Probation Commission). However, there is 

no similar legislation which expressly extends such authority to the Polygraph 

Examiners Board; nor do we think such power in the board is implied by the 

Polygraph Examiners Act, which specifically restricts the amount to be appropriated for its administration to the anticipated amount of fees collected under it. - 

Although the current general appropriations act contains a provision that “All 

bequests and gifts of money to State agencies named in this Act are hereby 

appropriated to the agency designated by the grantor and for such purposes as the 

grantor. may specify,” Acts 1977, 65th Legislature, chapter 872; at 3155,. that 

provision does not itself authorize agencies to accept gifts; it merely appropriates 

those gifts accepted by agencies already authorized by general law to accept them. 

General legislation is required. Attorney General Opinions R-2680 (1951), O-4681 

(1942). Cf. Attorney General Opinions H-757 (1976), C-563 (1965). 

We are led to conclude that the board may not legally permit the private 

association to underwrite its expenses. Thii disposition of the matter makes it 

unnecessary to discuss other possible legal objections to the arrangement. See 

Attorney General Opinion H-79 (1973); Penal Code S 36.08. 

. 

SUMMARY 

The Texas Board ‘of Polygraph Examiners is not authorized 

to accept gifts from the Texas Association of Polygraph 

Examiners, a private organization composed of members 

subject to regulation by the board. 

p. 4763 
Honorable Joe S. Gonzalez - Page 3 (H-1180) 

APPROVED: 

DAWD M. KENDALL, First Assistant 

Opinion Committee 

fsn 

P- 4764