April 6, 1971

Hon. Char.le,s'A. Stewart, Chairman Opinion No. M-828 Texas Fine Arts Commissions 825BrownBuilding Re: Whether, pursuant to Austin, Texas 78701 Article 6144g, Vernon's Civil Statutes, the Texas Fine Arts Commission has authority to publish a newsletter relating to pending legislation, and Dear Mr. Stewart: related questions.

Your recent letter ,requesting the opinion of this office concerning ~thereferenced matter states, in part, as follows:

"As part of our duties andresponsibilities as set ~forth in Section 3of Article 6144g, we publish anewsletter to civic art councils and interested individuals throughout' the state lnforming themof art and cultural activities. At the present time, S.B., 2x0is onthe floor ~of the Senate. It Is concerned with the limited use of art onpublic buildings to be built with " state funds. Ourquestions are as follows: "1

. Maywepublish anewsletter, printing the entire bill and,askln the proposed (legislation 'i the recipients to read andto react either for or against it? "2. MayI, as Chairman, comment that this bill is supported by the Texas Society of Architects and the Texas Fine Arts Commission?

“3.’ MayI give apersonal opinion as the Chairman that the bill, in myopinion, has merit?

“4. Asamatter of Information, maywelnelude alist of the House andSenate members?" TheTexas Fine Arts Commission was established byArticle 6144g, Vernon's Civil Statutes, which provides, In part, as follows:

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“Sec. 3. The duties andresponsibilities of the~Commission shall be:

“a, Tofoster the development of areceptive climate for the fine arts that will culturally enrich andbenefit the citizens of Texas in their daily lives, to makeTexas visits and vacations all the more appealing to the world and to attract to Texas residency additional outstanding creators in the field of fine arts through appropriate programs of publicity and education, andto direct other activities such as the sponsorship or art lectures andexhibitions and central compilation anddissemination of information onthe prograss of the fine arts in Texas.

“b

. Toact as anadvisor to the State Building Commission, State Board of Control, Texas State Historical Survey Committee, Texas State Library, Texas Tourist Development Agency, State Highway Department and other state agencies to provide aconcentrated state effort in encouraging and developing anappreciatlon for the fine arts in Texas.

“C. Toact in anadvisory capacity relative to the creation, acquisition, construction, erection or remodeling by the state of anywork of art.

“d

. Toact In anadvisory capacity, whenrequested by the Governor, relative to the artistic character of buildings constructed, erected or remodeled by the state.

“Sec. 4. The Commission shall have power: 11 *

. .

“C. Toconduct research, investigations, and inquiries as maybe necessary so as to inform the Commission of the fine arts development in Texas. I,

. . .

“Sec. 5. The Commission mayaccept onbehalf of Texas such donations of money, property, art objects andhistorical relics as in its discretion

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Hon. Charles A. Stewart, page 3 '.(M-828)

shall best further the orderly development of the artistic and cultural resources of Texas. Appropriations maybemadeby the Legislature to the Commlsslon to carry out the purposes of this Act. All funds shall be subject to audit by the State Auditor." (Emphasis added.) Section 5of Article Vof.House Bill 2, Acts of the 61st Legislature, 2ndC.S., biennium ending August 1969 (General Appropriations Act for the 31, 1971), provides, In part, as follows: "None of the Act shall beused moniesappropriated under this byany agency of the State Gov-

._. ernment for the purpose or publicizing or directing attention to any individual official or employee of any agency of the State Government.

"The policy andrestrictions set out in this Section shall not be interpreted to prevent the head of any agency of the State, whenhe deems it necessary or desirable in the public interest, to issue through any of such agency's officials or employees any statement or information respecting the work, legal responsibilities, or activities of such agency. Such statement shall be issued, or such information imparted, in,the nameof the agency of the State but shall be issued under or have attached thereto the nameof the official or employee authorized to issue the same." The powers and duties of public officers of this state, such as TheTexas Fine Arts Commission, are prescribed bythe provisions of the Constitution and statutes relating to the particular officers. They have the authority only to perform those acts as are consonant with those duties imposed upon them by law. 47Tex.Jur.2d 138j Public Officers, Sec. 105. Also, it is stated in this text under Section 110, page 145, as follows:

"It is equally well settled, however, that alaw that confers apower or imposes aduty on an officer or board carries with it by implication the authority to do such things as are reasonably necessary to carry into effect the power granted or the duty imposed. Thus, power to docertain

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work or to accomplish a certain result that cannot otherwise be accomplished implies the authority to employ such agents as maybe reasonably necessary to accomplish the work or purpose specified, and to engage the! for such length of time as is reasonably necessary. In Attorney General's Opinion No. M-439 (1969), this office upheld the authority of the Secretary of State to publish anewsletter or bulletin at state expense in connection with the statutory duties imposed upon himin the dissemination of instructions, forms, directives, and statutory enactments, but denied the authority otherwise, in the absence of statutory authority, to publish anewsletter or bulletj,n concerning matters unrelated to his statutory duties.

Fromthe nature and scope of the statutory duties and responsibility imposed upon the Texas Fine Arts Commission to foste: ment the development of fine arts and to promote such develofjthrough appropriate programs of publicity and education, including the "dissemination of information" on the progress of such flne arts program, wehave concluded that the publication of anappropriate newsletter in this connection is authorized. Within the newsletter, if it is properly found to be pertinent andrelevant to the promotion of such afine arts developmental program, wefind nothing in the law that would prohibit making reference to proposed legislation dealing with andpertinent to this project or undertaking, including the publication of the legislation. Consequently, weanswer your first question in the affirmative. However, wemust answer your remaining three questions in the negative. With reference to questions twoand three, we believe that either the action showing that abill is supported bythe Texas Society of Architects or the Texas Fine Arts Commission or the action of the Chairman of the Commission giving his personal opinion as to its merits would be illegal and against public policy. Anagency of the state is precluded from expending oublic funds either to secure or defeat legislation. See Graves-& Houtchens v. DiamondHill Independ. School Dist., 243 b8 (Tex.Civ.App. k”‘d64 (1947). 1922, nowrit); Attorney General's Opinion Therefore, it is our opinion that the newsletter must refrain from anypartisan activity either for or against pending bills. This does not preclude the Commission from inserting views and expressions from the public concerning the merits or demerits of fine arts proposals in connection with their responsibilities andmandate to foster, promote, and develop -4014-. .

Hon. Charles A. Stewart, page 5 (M-828)

the fine arts field in Texas, which includes the finding of the proper solutions to those problems encountered. Themembers of the Commission nodoubt have aduty to become informed; andwhen the Legislature calls upon themto testify or supply rnformation onproposed legislation, they have the responsibility of informing the Legislature concerning this information andgiving their views thereon whenso requested.

In answer to your fourth question, the listing of the namesof all the Senators andRepresentatives in the newsletter Is, in our opinion, not alegally relevant or appropriate expenditure of funds. However, wedo not believe it would be improper to invite the readers of the newsletter to give their views andthoughts on the fine arts legislation to their respective legislators. SUMMARY

Pursuant to Article 6144g, Vernon's Civil Statutes, the Texas Fine Arts Commission may publish anewsletter in which is printed the entire text of apending Senate bill relating to the fine arts, and solicit the comments of the newsletter's, readers on such bill. However, the Commission maynot comment that the bill is supported by certain interest groups, the Commission's Chairman maynot give his personal opinion regarding the merits, if any, of the bill, andalist of members of the House and the Senate maynot be printed in the newsletter. Very truly yours, CRAWFORD

C. MARTIN Attorney General of Texas

First Assistant Prepared byAustin C. Bray, Jr. Assistant Attorney General

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APPROVED: OPINIONCOMMITTEE Kerns Taylor, Chairman W.E. Allen, Co-Chairman R. D. Green S. J. Aronson Jerry Roberts CammLary MEADE F. GRIFFIN Staff Legal Assistant ALFREDWALKER Executive Assistant

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