Ronorable Preston smith

Governor Of Texas 8tate Capitol Auatin, 

### Texas

DearGovernor 8mitha Opinion NO. ~-928 

### Rer severalqueetionsrelating to membership **and** operation 

### of Regional Planning Com

### mirrionsresulting from 8-B. 242,Acts 62nd Leg;, R.S., 1971. RQ 1037. You have requested our opinion on questions pertaining to Article lOllm,Vernon's Civil Statutes, and its amendmentby Senate Bill 242 passedby the 62nd Legislature as follows:

"1. Gection 1, Subsection B, defines 'governmental unit' as **a** county, city* town, village, authority, district or other political subdivision **of** the State. However, it is not clear if this definition is actually intended to.limit Commission membership to 'governmentalunits', as defined. There are references **in** the Act to 'participating governmental units' and Section 3, Subsection **(a)** limits the 

### creation**of** 

### a Connnisdon 

### to ‘twoor **more** general purpose governmentalunite'. Is there any limitationhowever, on what organization, public or private, may become members after the.Commiasion is organized? A8 an example, can 

### a statesupported college 

### oruniversitybecome a 'member'

### of a Commis6ion? "2, 

### What is the definition of 'gwerning body'?
"3. Is there any provision in 

### theActwhich clarifies

### whomay be considered 'electedofficials of general 

### purposegovernmental units'?

-4528-Honorable 

### Reston Smith,page 2 **(M-928)**

**“ 4.**  Are regional planning commissions, either by Article 1Ollm or any otherAct, 

### requiredto provide their employeeswith workmen's compensation benefits? If not mandatory, is there 

### any provision which would preclude a Commission from voluntarily providing such benefits?"
In answer to part **of** your first question, we do not believe that a **private** organization

### maybecome **a member**  of 

### a Commission either 

### at the time of the Commission's creation or thereafter. There is no authority inArticle **1Ollm or**  **its** amendment that .confersthis privilege **on** 

### a private institution. Further, there is logic to the argument that such has not been the legislative intent. Section 4 (a) of Senate Bill 242, carried Over in part **from** the same section inArticle lOllm, Section 4, states in part as follows:

"Section **4.** Powers.. 

### (a) Under thisAct, a Regional Planning Commission shall be a political subdivision of this 

### State, . . . l If a private organizationwere allowed to become a **mem** ber **of** the Commission, **the** private organizationwould achieve a status and possible.benefits to 

### which~it. would. not otherwisebe entitled under the law.

The creation of a commission,as ret out in Section 3 of the act is limited to ' e , ;two or **more** general purpose units.. Section 1 P states:

"'General **purpose. gOVernmenta**  unit' **means** a county or incorporatedmunicipality.'

.It is a well established principle of law that a statute shall be construed so as to accomplish its purpose rather than to defeat such purpose. Texas Co. v. Schrieweg, 38 S..W.2d 141 (Tex. Civ.App. 1931), **mod.** on other grounds **53 9.W.**  

### 2d **774:** Red vz Bounds, 122 Tex. 614? 63 S.W. 2d 544 (1933).

**-4529-**..

Bonorable Preston Smith, page 3 (M-928)

**Sections** 3 

### and 1 P must 

### therefore**be** read in light **of** 

### thepurpose**of the**  

### act setout inArticle lOlla,Section2, as follows: "Thepurpose **of** this &ct is to encourage and permit&&units ofwtd join and cooper

### ate **with** 

### one anotherto improvethe 

### health,safety andgeneralwelfare **of** their citisenep.,to plan for the future development of communities, areas, and regions to the end 

### thattransportation systems **may** be more carefullyplanned; that communities, areas, and regions grow **with** adequate street, utility, health, educational, recreational, and other essential facilities; that needs of agriculture,business, 

### and industrybe recognized; that residential areas 

### providehealthy surrounding8 for 

### familylifer**that** historical and culturalvalue be preserved8 

### and that the growth of the communities, areas, and regions is commensuratewith and promotive **of** 

### the efficientand economical use of public funds." Governmental units are defined inArticle lOllm, Section 1 B as follows:

"'GovernmentalUnit' **means** any county, city, town, village, authority, district or **other** 

### political subdivision of the state." We thereforehold that the creation of a commission is limited to general purpose governmental units, to wit: counties or incorporatedmunicipalities. Thereafter ths membership in the commissionmay be offered to **those** governmental units as defined inArticle lOllm, Section 1 **B** above and in Section 5 wherein it 

### statesin **part as**  

### follwsr

II

. . .The joint agreement **may** allow for the addition of other sovernmentalunits to the cooperative arrangement&" (Emphasisadded.)

-4530-Honorable Preston Smith, page 4 **(M-928)**

**In answer**  to 

### your second question,we find no definition of "governingbody" in the act or amendment. The 'conductof the internal affairs of the commission IS set out in Section 5 which reads as follws:

"Operations, The cooperatinggovernmentalunits may through joint agreement determine the number and qualificationsof the gwerning body of the Coannission. The governingbody of the Conrmission shall consist of at least sixty-six and two-third8 percent (66-2/3%) elected officials of general purpose governmental units. The joint agreement **may** provide for the manner of cooperation and the **means** and method of the operation of the Commission. The joint agreement **may** prwide a **method** for the employment of the staff and consultants, the apportionment of the cost and expenses, and the purchase of property and materials. The joint agreement may allow for the addition of other governmentalunits to the cooperative arrangement."
Your letter relates that each commissionhas a general membership body and an executiveboard of directors. Such organization is not specifiedby the statute,but we believe it is allowed at the discretion of the cooperatinggovernmental units: they m . . .provide for the manner of cooperationand the means and method of the operation **of** the Commission" as set out in Section 5. The term "governingbody' thereforemeans whatever the cooperativegovernmental units agree that itmeans.

fn answer to your third question,we find that there is no limitation in the act as to **which elected**  officials **of** general **\** purpose governmentalunits are to be members of the governing body. We assume that each general purpose governmentalunit will appropriately designate its desired "elected official" or "officials" **to** represent that unit on the commission.

Answering your fourth question, we find that it is not mandatory **that a**  regional planning commissionprovide its employees with workmen's compensation insurance. **In** the event a regional planning commissiondesires to provide workmen's compensation insurance for its employees, there is an abundance of authority to support its decision. -4531-:-

.. Honorable Preston Smith, page S (M-928)

It is observed that Section 4 of Senate Bill 24.2, as such section of Article 1Ollm it amends, declares that a Regional Planning Commission shall be a political subdivision of the State. Article III, Section 60, Constitution of the State of Texas. gives authority for the legislature to pass laws enabling II. . other political subdivision8 of the State to provideWorkmeus Compensation Insurance . . . 'I.

It is also noted that Senate Bill 242, Section 3(a) reads in part as follows:

"(a) Any two or more general purpose governmental units may join in the exercise. performance, and cooperation of planning power. duties, and functions as providedby law for any or all such governmental units." Iraonuch **ii9** countiesare authorized 5::statute to provide Vorkncn*

s Cor;pcnsati.on

Insurance for their employees. Article 2333 C, as are cities, Article 3309 e. the componentgovernmental units and the Regional Planning Commissionmay likeT~:ise provide c::ployees with Workmen's Compensation Insurance coverage. SUMMARY Regjonal Planning Commissions may be createdby two **or** more counties and/or incorporatedmunicipalities. After a Regional Planning Commission is created, membership may be extended to other counties, cities, tovms, villages, authorities,districts or other political subdivisions of the state. Private organizations,as opposed to public organizations,may not become members of a Regional Planning Commission. The governing body of a Regional Planning Commission is determined **by** agreementbetween itsmembers.

**-4532-**Honorable Preston Smith, page 6 (M-928)

"Elected officials of general purposegovernmental units," extends to any person elected to office in a county or city government. Regional Planning Commissions are not required to provideWorkmen's Compensation Insurance cwerage for its employees,but have authority to do so if the commission so desires.

Preparedby Melvin E. Corley Assistant Attorney General
APPROVED: OPINION COMMITTEE
Kerns Taylor, Chairman W. E. Allen. co-Chairman
Sam Jones Howard Fender Scott Garrison S. J. Aronson
MRADE F. GRIFFIN Staff Legal Assistant
ALFREDWALKER Executive Assistant NOLAWHITE First Assistant

-4533-