honorable Jules Damiani, Jr. Opinion No. M- 661 

Criminal District Attorney 

Galveston County Courthouse Re: Whether a county may make 

Galveston, Texas 77550 grants of public funds to 

a religious charitable 

Dear Mr. Damiani: institution. 

Your request for an opinion of the above subject 

matter asks: 

"Whether or not Galveston County can make 

a grant of public funds to Saint Vincent's 

House which is a religious charitable institution. n 

Section 50 of Article III of the Constitution of 

Texas reads : 

"The Legislature shall have no power to 

give or to lend, or to authorize the giving or 

lending, of the credit of the State in aid of, 

or to any person, association or corporation, 

whether municipal or other, or to pledge the 

credit of the State in any manner whatsoever, 

for the payment of the liabilities, present 

or prospective, of any individual, association 

of individuals, municipal or other corpora~tion 

whatsoever." 

Section 51 of Article III of the Constitution of 

Texas provides, in part: 

"The Legislature shall have.no power to 

make any grant or authorize the making of any 

grant of public moneys to any individual, association of individuals, municipal or other 

corporations whatsoever; . D ." 

Section 52 of Article III of the Constitution of 

Texas provides, in part: 

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non. Jules Damiani, Jr., Page 2 (M-661) 

"The Legislature shall have no power to 

authorize any county, city, town or other political corporation or subdivision of the State to 

lend its credit or to grant public money or 

thing of value in aid of, or to any individual, 

association or corporation whatsoever, or to 

become a stockholder in such corporation, association or company; . . .I 

Section 3 of Article VIII df the Constitution of 

Texas reads: 

"Taxes shall be levied and collected by 

general laws and for public purposes only." 

Section 3 of Article XI of the Constitution of Texas 

provides: 

"No county, city or other municipal corporation shall hereafter become a subscriber to the 

capital of any private corporation or association, 

or make any appropriation or donation to the same, 

or in anywise loan its credit; but this shall not 

be construed to in any way affect any obligation 

heretofore undertaken pursuant to law." 

Section 6(a) of Article XVI of the Constitution of 

Texas reads: 

"No appropriation for private or individual 

purposes shall be made, unless authorized by this 

Constitution. A regular statement, under oath, 

and on account of the receipts and expenditures 

of all public money shall be published annually, 

in such manner as shall be prescribed by law." 

In Attorney General's Opinion O-5563 (1943) it was 

held that the above quoted constitutional provisions* did not 

allow Travis County to contribute moneys monthly for the support 

of the Altheim, the Settlement Club and the Childrene' Home, all 

private charitable institutions. We quote from Attorney General's 

*The amendment of Article XVI in 1966, subsequent to Opinion 

O-5563, did not alter the substantive portion of that Article 

which is applicable to the question now before us. 

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Hon. Jules Damiani, Jr., page 3 (M-661) 

Opinion O-5563 as follows: 

"In Opinion No. O-1001 this department held 

that under the Articles of the Constitution referred to, a county has no authority to make 

donations to the Tuberculosis Association, the 

American Red Cross or other private charitable 

organization; and reference was made in the 

opinion to conference Opinion NO. 2662 of this 

department, dated February ;, 1927, 1926-1928 

Attorney General's Report, page 390, et seq., 

holding that, the commissioners' court has no 

authority to appropriate public funds to 

charitable institutions managed and controlled 

by private individuals. 

"We still adhere to the views expressed in 

those opinions and we must, therefore, advise 

you that, under the Constitution of Texas, Travis 

County may not make the donations which were the 

subject of your opinion requests." 

Likewise it was held in Attorney General's Opinion 

o-7197 (19463: 

"Conference Opinion No, ,2662 of this department, dated February 4, 1927, book 62, page 

46, Reports and Opinions of the Attorney General, 

1926-1928, and followed in numerous opinions, 

among which are Opinions No. O-1001 approved 

December 13, 1939, and O-5563 approved September 

17, 1943, held that the commissioners' court 

has no authority to appropriate or donate 

public funds to charitable institutions, operated 

and managed or controlled by private individuals. 

"In view of the foregoing authorities, you 

are respectfully advised that in the opinion of 

this department the Commissioners' Court is without legal authority to donate county funds to the 

building within the county of a privately chartered 

co-operative hospital," 

In view of the foregoing you are advised that Galveston 

County has no authority to make a grant of public funds to a 

religious charitable institution, 

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. 

Hon. Jules Damiani, Jr., Page 4 (M-661) 

SUMMARY 

A county ha8 no authority to make a grant 

of public funds to a religious charitable institution. 

I 

C. MARTIN 

Prepared by Cohn Reeves 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Dyer Moore 

Brandon Bickett 

Roger Tyler 

Rex White 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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