Ronorable Preston smith 

Governor Of Texas 

8tate Capitol 

Auatin, Texas 

Dear Governor 8mitha 

Opinion NO. ~-928 

Rer several queetions relating 

to membership and operation 

of Regional Planning Commirrions resulting 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 amendment by 

Senate Bill 242 passed by 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 'governmental units', as defined. 

There are references in the Act to 'participating 

governmental units' and Section 3, Subsection (a) 

limits the creation of a Connnisdon to ‘two or more 

general purpose governmental unite'. Is there any 

limitation however, on what organization, public or 

private, may become members after the.Commiasion is 

organized? A8 an example, can a state supported 

college or university become a 'member' of a Commis6ion? 

"2, What is the definition of 'gwerning body'? 

"3 . Is there any provision in the Act which 

clarifies who may be considered 'elected officials 

of general purpose governmental units'? 

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Honorable Reston Smith, page 2 (M-928) 

“4. Are regional planning commissions, either 

by Article 1Ollm or any other Act, required to 

provide their employees with 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 may become a member of a 

Commission either at the time of the Commission's creation or 

thereafter. There is no authority in Article 1Ollm or its 

amendment that .confers this 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 in Article lOllm, Section 4, 

states in part as follows: 

"Section 4. Powers.. (a) Under this Act, a 

Regional Planning Commission shall be a political 

subdivision of this State, . . . l 

If a private organization were allowed to become a member of the Commission, the private organization would achieve a 

status and possible.benefits to which~it. would. not otherwise be 

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 incorporated municipality.' 

. 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 

the purpose of the act set out in Article lOlla, Section 2, as 

follows: 

"The purpose of this &ct is to encourage and 

permit&&units of wtd join and cooperate with one another to improve the health, safety 

and general welfare of their citisenep.,to plan for 

the future development of communities, areas, and 

regions to the end that transportation systems may 

be more carefully planned; that communities, areas, 

and regions grow with adequate street, utility, 

health, educational, recreational, and other essential facilities; that needs of agriculture, business, 

and industry be recognized; that residential areas 

provide healthy surrounding8 for family lifer that 

historical and cultural value be preserved8 and that 

the growth of the communities, areas, and regions is 

commensurate with and promotive of the efficient and 

economical use of public funds." 

Governmental units are defined in Article lOllm, Section 

1 B as follows: 

"'Governmental Unit' means any county, city, 

town, village, authority, district or other political 

subdivision of the state." 

We therefore hold that the creation of a commission is 

limited to general purpose governmental units, to wit: counties 

or incorporated municipalities. Thereafter ths membership in the 

commission may be offered to those governmental units as defined 

in Article lOllm, Section 1 B above and in Section 5 wherein it 

states in part as follwsr 

II . . . The joint agreement may allow for the 

addition of other sovernmental units to the cooperative arrangement&" (Emphasis added.) 

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

In answer to your second question, we find no definition 

of "governing body" in the act or amendment. The 'conduct of the 

internal affairs of the commission IS set out in Section 5 which 

reads as follws: 

"Operations, The cooperating governmental units 

may through joint agreement determine the number and 

qualifications of the gwerning body of the Coannission. 

The governing body 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 governmental units 

to the cooperative arrangement." 

Your letter relates that each commission has a general 

membership body and an executive board of directors. Such organization is not specified by the statute, but we believe it is 

allowed at the discretion of the cooperating governmental units: 

they m . . . provide for the manner of cooperation and the means 

and method of the operation of the Commission" as set out in 

Section 5. The term "governing body' therefore means whatever 

the cooperative governmental units agree that it means. 

fn answer to your third question, we find that there is 

no limitation in the act as to which elected officials of general \ 

purpose governmental units are to be members of the governing body. 

We assume that each general purpose governmental unit 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 commission provide its employees 

with workmen's compensation insurance. In the event a regional 

planning commission desires 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 provide Workmeus 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 provided by law for any or all such 

governmental units." 

Iraonuch ii9 counties are authorized 5:: statute to provide 

Vorkncn * s Cor;pcnsati.on Insurance for their employees. Article 2333 

C, as are cities, Article 3309 e. the component governmental units 

and the Regional Planning Commission may likeT~:ise provide c::ployees 

with Workmen's Compensation Insurance coverage. 

SUMMARY 

Regjonal Planning Commissions may be created by 

two or more counties and/or incorporated municipalities. 

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 agreement between its members. 

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

"Elected officials of general purpose governmental units," extends to any person elected to office 

in a county or city government. 

Regional Planning Commissions are not required 

to provide Workmen's Compensation Insurance cwerage 

for its employees, but have authority to do so if the 

commission so desires. 

Prepared by 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 

NOLA WHITE 

First Assistant 

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