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

Criminal DistrictAttorney 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:

"Whetheror 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 :

"TheLegislature 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:

"TheLegislature shall have.no power to make any grant or authorize the making of any grant of publicmoneys to any individual,association of individuals,municipal or other corporationswhatsoever;
. D ." Section 52 of Article III of the Constitution of Texas provides, in part: -3160-non. Jules Damiani, Jr., Page 2 (M-661)

"TheLegislature 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 publicmoney or thing of value in aid of, or to any individual, association or corporationwhatsoever, **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 collectedby general laws and for public purposesonly." Section 3 of Article XI **of** the Constitutionof Texas provides: "No county, city or othermunicipal corporation shallhereafter become a subscriberto the capital of any private corporationor 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 authorizedby this Constitution. A regular statement,under oath, and on account of the receipts and expenditures of all publicmoney shall be published annually, in suchmanner as shall be prescribedby law." InAttorney General's Opinion O-5563 (1943)itwas held that the above quoted constitutionalprovisions* did not allow Travis County to contributemoneysmonthly for the support of the Altheim, the Settlement Club and the Childrene' Home, all private charitable institutions. We quote fromAttorney General's

*The amendmentof Article XVI in 1966, subsequentto Opinion O-5563, did not alter the substantiveportion of that Article which is applicable to the questionnow before us. -3161-Hon. Jules Damiani, Jr., page 3 (M-661)

Opinion O-5563 as follows:

"InOpinion No. O-1001 this departmentheld that under theArticles of the Constitutionreferred to, a county has no authority tomake donations to the Tuberculosis Association, the American Red Cross or other private charitable organization; and referencewas 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' courthas no authority to appropriatepublic funds to charitable institutionsmanaged and controlled by private individuals. "We still adhere to the views expressed in those opinions andwe must, therefore,advise you that, under the Constitution of Texas,Travis County may not make the donationswhich were the subject of your opinion requests." Likewise it was held in Attorney General'sOpinion o-7197 (19463:

"ConferenceOpinion No, ,2662of this department, dated February 4, 1927,book 62, page 46, Reports and Opinions of the AttorneyGeneral, 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 controlledby private individuals. "Inview of the foregoing authorities,you are respectfully advised that in the opinion of this department the Commissioners' Court iswithout legal authority to donate county funds to the buildingwithin the county of a privatelychartered co-operativehospital," Inview 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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