April 6, 1971 

Hon. Char.le,s'A. Stewart, Chairman Opinion No. M-828 

Texas Fine Arts Commissions 

825 Brown Building 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 ~the referenced matter states, in part, as follows: 

"As part of our duties and responsibilities 

as set ~forth in Section 3 of Article 6144g, we 

publish a newsletter to civic art councils and 

interested individuals throughout' the state lnforming them of art and cultural activities. 

At the present time, S.B., 2x0 is on the floor 

~of the Senate. It Is concerned with the limited 

use of art on public buildings to be built with " 

state funds. Our questions are as follows: 

"1 . May we publish a newsletter, printing 

the entire bill and ,askln 

the proposed (legislation 'i 

the recipients to read 

and to react either for 

or against it? 

"2. May I, as Chairman, comment that this 

bill is supported by the Texas Society of Architects 

and the Texas Fine Arts Commission? 

“3.’ May I give a personal opinion as the 

Chairman that the bill, in my opinion, has merit? 

“4. As a matter of Information, may we lnelude a list of the House and Senate members?" 

The Texas Fine Arts Commission was established by Article 

6144g, Vernon's Civil Statutes, which provides, In part, as follows: 

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Hon. Charles A. Stewart, page 2 (M-828) 

“Sec. 3. The duties and responsibilities of 

the~Commission shall be: 

“a , To foster the development of a receptive 

climate for the fine arts that will culturally enrich and benefit the citizens of Texas in their 

daily lives, to make Texas 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, and to direct other 

activities such as the sponsorship or art lectures 

and exhibitions and central compilation and dissemination of information on the prograss of the fine 

arts in Texas. 

“b . To act as an advisor 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 a concentrated 

state effort in encouraging and developing an appreciatlon for the fine arts in Texas. 

“C. To act in an advisory capacity relative 

to the creation, acquisition, construction, erection 

or remodeling by the state of any work of art. 

“d . To act In an advisory capacity, when requested 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. To conduct research, investigations, and 

inquiries as may be necessary so as to inform the 

Commission of the fine arts development in Texas. 

I, 

. . . 

“Sec. 5. The Commission may accept on behalf 

of Texas such donations of money, property, art 

objects and historical relics as in its discretion 

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. 1 

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

shall best further the orderly development of the 

artistic and cultural resources of Texas. Appropriations may be made by 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 5 of Article V of.House Bill 2, Acts of the 61st 

Legislature, 2nd C.S., 

biennium ending August 

1969 (General Appropriations Act for the 

31, 1971), provides, In part, as follows: 

"None of the 

Act shall be used 

moniesappropriated under this 

by any 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 and restrictions set out in this 

Section shall not be interpreted to prevent the 

head of any agency of the State, when he 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 name of the agency 

of the State but shall be issued under or have attached thereto the name of the official or employee 

authorized to issue the same." 

The powers and duties of public officers of this state, 

such as The Texas Fine Arts Commission, are prescribed by the 

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. 47 Tex.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 

a law that confers a power or imposes a duty 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 do certain 

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Hon. Charles A. Stewart, page 4 (M-828) 

work or to accomplish a certain result that cannot otherwise be accomplished implies the authority 

to employ such agents as may be 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 

a newsletter or bulletin at state expense in connection with the 

statutory duties imposed upon him in the dissemination of instructions, forms, directives, and statutory enactments, but 

denied the authority otherwise, in the absence of statutory 

authority, to publish a newsletter or bulletj,n concerning matters 

unrelated to his statutory duties. 

From the 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, we have concluded that the publication 

of an appropriate newsletter in this connection is authorized. 

Within the newsletter, if it is properly found to be pertinent 

and relevant to the promotion of such a fine arts developmental 

program, we find nothing in the law that would prohibit making 

reference to proposed legislation dealing with and pertinent to 

this project or undertaking, including the publication of the 

legislation. Consequently, we answer your first question in the 

affirmative. 

However, we must answer your remaining three questions 

in the negative. With reference to questions two and three, we 

believe that either the action showing that a bill is supported 

by the 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. An agency of the state is precluded from 

expending oublic funds either to secure or defeat legislation. 

See Graves-& Houtchens v. Diamond Hill Independ. School Dist., 243 

b 8 (Tex.Civ.App. 

k”‘d64 (1947). 

1922, no writ); Attorney General's Opinion 

Therefore, it is our opinion that the newsletter must refrain from any partisan 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 and mandate to foster, promote, and develop 

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. . 

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. The members of 

the Commission no doubt have a duty to become informed; and when 

the Legislature calls upon them to testify or supply rnformation 

on proposed legislation, they have the responsibility of informing the Legislature concerning this information and giving their 

views thereon when so requested. 

In answer to your fourth question, the listing of the 

names of all the Senators and Representatives in the newsletter 

Is, in our opinion, not a legally relevant or appropriate expenditure of funds. However, we do not believe it would be improper to invite the readers of the newsletter to give their 

views and thoughts 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 a newsletter in which is printed the entire text of a pending Senate bill relating to 

the fine arts, and solicit the comments of the 

newsletter's, readers on such bill. 

However, the Commission may not comment 

that the bill is supported by certain interest 

groups, the Commission's Chairman may not give 

his personal opinion regarding the merits, if any, 

of the bill, and a list of members of the House 

and the Senate may not be printed in the newsletter. 

Very truly yours, 

CRAWFORD C. MARTIN 

Attorney General of Texas 

First Assistant 

Prepared by Austin C. Bray, Jr. 

Assistant Attorney General 

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Hon. Charles A. Stewart, page 6 (M-828) 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

R. D. Green 

S. J. Aronson 

Jerry Roberts 

Camm Lary 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

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