. 

OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Mdr.~ Rail H. Logan, Acting Director 

Pos tvrar Zconomic 

Austin 1.1, Texas 

Flannlng Commission 

Dear Mr. Logan: Oplnlon No. O-6769 

Re: The Legislature has not authorWe have given 

of August 2, 1945. 

ization and 

render us an 

of these fu 

would be c 

of ,the Sta 

The Postwar Ecos been designated. by 

the Federal Act, as 

rove such applications. 

ar Eoonomic Planning Co&nlssion, authorized 

Resolution No. 33, passed by the Legislaauthorized the Governor to appoint thirtymbe& -of said Commission; said Resolution does 

not, however, authorize or psrmit said Commission to accept 

any funds from thg Federal Government; neither does it authorize said Commission. to in any way bind the state of Texas in 

any kind of a contract, 
. 

Mr. Hall B. Logan, Page 2 

. 

Section 9 of the general provisions to the Appropriation Act passed in 1945 is the same as Section 20 of the 

1943 Appropriation Act. It reads as follower 

v(9) United States Funds and Aid. The ‘pioper officer or officers of any State Departments, 

bureaus, or divisions of State agencies are hereby 

authorized to make application for and accept any 

gifts, grants, ox allotments or funds from the 

i 

United States Government, educational or health 

projects and program, etc., to be used on State 

coope.rative and other Fedora1 projects and programs in Texas, inoluding construction of publia 

buildings, repairs, and inprovemnts. Any of such 

funds as may be deposited in the State Treasury am 

hereby appropriated to~.tha specific purpose authorized by the grantor, and subject to the lirni.+;at$on 

plaoed on this A&.“’ 

There are no other provisions in our statutes that 

oould in any way affect the quostioti you have asked. Congress,~ 

of couxse, cannot pass any kinaof axi act that would authorize any agencies in Texas or elsowhare to nako, contracts that 

would bind Texas~. It is fundamntal law that no ono oan make 

a’ contract binding the State, unioss the Loglslatura has &Ivan 

that tierson or agonoy spoclfio authority. : 

It is our opinion that neither the Postwar Eoonomio 

Planning Commission nor any other Stata agency has any power 

or authority to accept fu11d.s frora the Fedora1 Governmnt undsr “tha War Mobilization and Reoonverslon Act of 1944” and 

bind the Stats to repsy same. 

of said Act reads: 

Asstated, by you, Section 501(o) 

Wdvances under this section to any public .~ 

agency shall be repaid by such agonoy if end when 

the construction Of tho public worka so planned 

Is undertaken. Any sum so repaid shall be OOverod 

into tbs Treasury as misoellaneous receipts.“. 

Under the quoted section of the Aot of Gongross any 

pub110 agency which contracted viit.h the Federal Government, 

and aqxptod any funds under and in virtue of the Act, would 

be compelled to make a contract with tho lz’ederal Government 
. 

‘. 

Mr. Hall H. Logan, Page 3 

. 

9' 

that sag money 80 advanoed would be repaid to ths stats of 

Texas .?$f and when the construction of the public works so 

planned is undertaken. tr 

Very truly yours 

ATCIDRI'EY GiSNERAL OF TEXAS 

Geo. W. Ewcug 

Assistant