THEATTORNEY GENERAL 

OF TEXAS 

Honorable Frank Hlldebrand 

Executive Director 

Texas Tourist Development Agency 

Box TT; Capitol Station 

Austin, Texas 78711 

Opinion NO. c- 216 

Re: Construction of Section 

56 of Article XVI of the 

Constltutiorl of Texas and 

House Bill 11, Acts of the 

58th Legislature, Regular 

Session, 1963, Chapter 137, 

Dear Mr. Hildebrand: page 370. 

Your request ~for an opinion on the above subJect matter 

asks the following questions: 

"1 . Does Article 16, Section 56 of 

the Texas 'Constitution constitute a legal 

inhibition on the use of advertising funds 

appropriated to this Agency? 

"If the answer to this question is in 

the affirmative, we respectfully request that 

you answer the following questions: 

"1. what does the terni 'periodicals' 

in,Artidle 16, Section 56, encompass? Does 

It, for example, permit the Agency's use of 

radio, television, outdoor and other media 

as well as newspapers and magazines? 

"2. What constitutes 'national circulation' within the meaning of Article 16, 

Section 56? What circulation 'yardstick' 

should the Agency adopt in buying apace and 

time?" 

Section 56 of Article XVI o$ the Constitution of Texas 

provides as follows: 

-1038- 
Hon. Frank Hildebrand, page 2 (c-216) 

"The Legislature of the State of Texas 

shall have the power to appropriate money and 

establish the procedure necessary to expend 

such money for the purpose of developing lnformation about the historical, natural, agrlcultural, 'Industrial, educational, marketing, 

rec,reatlonal and living resources of Texas, and 

for the purpose of informing persons and corporations of other states through advertising in 

periodicals having national circulation; and 

the dissemination of factual information about 

the advantages and economiti resources offered 

by the State of Texas;~providlng, however, that 

neither the name nor the picture of any living 

state official shall ever be used in any of said 

advertising, and providing that the'Legislature 

may require that any sum of money appropriated 

hereunder shall be matched by'an equal sum paid 

into the State Treasury from private sources before any of said money may be expended." 

House Bill 11, Acts of the,58th Legislature, Regular Session, 1968 Chapter 137, page 370, codified in Vernon's as 

Article 614&f, Vernon's Civil Statutes, creates the Texas Tourist Development Agency. Section 2~of House Bill 11 prescribes 

the duties ,of the Texas Tourist Development Agency, as follows: 

"The Texas Tourist Development Agency 

shall,be charged with the responsibility of 

administering funds appropriated to It in 

accordance with the provisions of this Act 

so far aspossible to achieve the following: 

"(a) Promote and advertise, by means of 

,radlo, television, and newspapers 'and other means 

deemed appropriate, tourism'to Texas by~nonTexans, Including persons from foreign countries, 

'and to promote travel by Texans to the State's 

scenic, historical,,natural, agricultural, educational, recreational and other attractions. 

"(b) Coordinate and stimulate the orderly 

but accelerated development of tourist attractions 

throughout Texas. 

"(c) Conduct in the broadest sense a public relations campaign to create a responsible 

and accurate national and international image of 

Texas. 

-1039- 
^ . 

Hon. Frank Hildebrand, page 3 (c-216) 

"(d) Cooperate ~fully with the agency 

in charge of operations of the State's park 

system in all matters relating to, promotion 

of tourism. 

"(e) Cooperate with the Texas Highway 

Commission In the administration of the Highway Commission's collateral program of highway map distribution and'operation of Travel 

Information Bureaus and other tourist 'related 

functions, conducted by the Texas Highway Commission. 

"(f) Encourage Texas communities, 

organizations, and individuals to cooperate 

with its program by their activities and 

use of their own funds and to collaborate 

with these organizations and other governmental entitles in the pursuit of the objectives of this Act." 

In Attorney General's Opinion C-25 (1963), It was held: 

"It appears from the wording of Section 

56 of 4rticle XVI that the Legislature has the 

power to appropriate money'for three ~purooses: 

(1) 'for the purpose,of developing information 

aboutthe historical, natural, agricultural, 

industrial, educational, marketing, recreational and llving'resources of Texas . . .I; and 

(2) 'for the purpose of'informing persons and, 

corporations of other' states through advertising in periodicals having national 'circulation 

I and (3) 'the dissemination of factual 

inhogation about the advantages and economic 

resources offered by the State of Texas . . .' 

It Is clear that purpose (1) does not pertain 

to advertising, but applies only to the developing of certain information. Where persons and 

corporatdons of other states are to be informed 

about the advantages and economic resources of 

Texas through the medium of advertising in perlodicals, such periodicals must have a national 

circulation; however, this limitation Is clearly applicable only to this particular medium. 

"You are, therefore, advised that the 

Legislature may authorize the expenditure 

of money under Section 56 of Article XVI of 

-1040- 
Hon. Frank Hildebrand, page 4 (C-216) 

the Texas Constitution for the purpose 

of the dissemlnatlon of factual information about the advantages and economic 

resources offered by the State of Texas. 

The only limitation placed upon the Legislature as to its choice of the method of 

the dissemination of factual information 

about the advantages and economic resources 

offered by the State of Texas is that when 

the advertising medium chosen for the purpose 

of disseminating such Information to persons 

and corporations of other states is a periodical, it must be one of national circulation." 

In view of the foregoing, you are advised that 'the expenditure of advertising funds appropriated to the Texas TourLvt'Development Agency must be expended in complianceivith 

Section 56 of Article XVI of the Constitution of Texas. The 

limitation of advertising in'periodicals having national circulation applies only to that particular medium and does not apply to the use of radio, television, outdoor or other media, 

The term "national circulation" is not defined by the 

provisions of Section 56 of Article XVI of the Constitution 

of Texas and there is no particular yardstick that can be applied precisely. The determination of whether or not a partlcular periodfcal meets 'this requirement is a question of fact to 

be determined by your agency. If the advertising Iii question Is 

designed to appeal to the public at large then the periodical 

should be circulated generally throughout the United States; however/if the advertising in question is directed toward a particular ethnic group or a group having a~common economic, social, 

reoreational'or avocational interest, it Is our opinion that the 

spirit and Intent of this constitutional provision would be met 

by 'placing such advertising in a periodical 'which ie hlrculated 

generally among such 'group throughout the'united States, 

SUMMARY 

The Texas Tourist Development Agency may expend monies appropriated for advertising by 

the use of radio, television, outdoor and 

other media, as well as newspapers and magazines. Whenever a periodical Is used for the 

purpose of advertising, such periodical must 

-1041- 
Hon. Frank Hildebrand, page 5 (c-216) 

be one of national circulation. 

Yours very truly, 

WAGGONER CARR 

Attorney General 

JR:ms 

APPROVED: 

OPINION COMMITTEE 

W; V; Geppert, Chairman 

w. 0. shultz 

Rbbei-t I&wis 

J. C. Davis 

APPROVED FOR TRF'ATTORNEY GENERAL 

By: Stanton Stone 

-1042-