# 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 WestAnderson 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: Youhave asked whether the Texas Association ofPolygraph Examiners, whose more than three hundred members are regulated by the State Polygraph Examiners Roard, could legally underwrite certain board expenses. .,Youexplain that the board isoperated onavery limited budget asthe 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 abiennium shall not exceed the total amount of the fees which it is anticipated will be collected hereunder during suchbiennium. V.T.C.S. art. 4413(29cc),56(c). It has been suggested that the private association might pay (1)the expenses ofupdating and printing abooklet ofthe board’s regulations to be furnished the members ofthe association, (2)the cost ofrooms 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.

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Sofar as wehave 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 81AC.J.S., States S145at 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 offees collected under it. - Although the current general appropriations act contains aprovision 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 asthe 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 byagencies already authorized bygeneral 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 S36.08.

. SUMMARY The Texas Board ‘ofPolygraph Examiners is not authorized to accept gifts from the Texas Association of Polygraph Examiners, a private organization composed of members subject to regulation bythe board.

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APPROVED:

DAWDM.KENDALL, First Assistant

Opinion Committee fsn

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