## T~~ATTOWNEY GENERAL OF TEXAS

**CaAWWRD ‘**  **3:.** MARTEN AUSTXN. **TEXAS 7t3711** 
*-mNlcY calWmRA& April 27, 1970
HonorableG. R. Close opinion NO. ~-618 County Attorney OchiltreeCaunty Courthouse Re: Certain queetionsrelating Perryton,Texas 79070 to construction of Wticle lOUrn,V.C.S., dealingwith Regional PlanningCommission. **Dear Mr.**  **Cloeer** Your recent letter requests the opinion of this office concerningten questions involvingthe construction of hrticle 1011~~Vernon'0 Civil Statutee,dealingwith Regional Planning Ccmmieeione. Your firat queation aaksr "1. Is there a legal difference between a regionalplanning commission,council of gwernments, and area developmentcouncilsand, if so, please explain the **difference. ”**  In answer thereto,you are advised that insofar as the subject entities are formed and derive their pwers under Article 1Ollm there is no substantiallegal differencein **powers,** provided organizational recorde clearly show that such entity is organizedunder that statutoryauthority. Bach entity,however, may be formed for differentpurposes and have different objectives. See Section 2 of Article 1Ollm: Attorney General OpinionNo. M-510 (1969). **Your** second question poses the followingquestiona " 2. Are any of the above mentioned organizationa, (the Potter and Randall Countiea Regional

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PlanningCommirsion **01** Council **of Gwernntents)**  

### maa any mupervimion, either directly or **in** directly, ,bythe Federal Governmentor **an** agenay **of** the tederal Government." This question does not involve a legal questionbut a question of **fact,** which may be determinedby a factual investigatien

with **the** federal agenciesmentioned. Sinae under **Section** 4 of Article 1Ollm **the** entity "shallbe a political subdivisionof the state,* and no authority is granted by the rtatute for rwch en entity to be supervised by the federal governmnt or any federal agency, it is **the** opinion of **this** office that any such supervision would be unauthorired. m 'y. Sundberq, 5 Tex. 410 (1849); Attorney General OpinionHo. W-610'(1970). Your third question, insofar as it covers state agencies,

**“ 3.**  hre any **of** the **above** mentioned organisation under any type supervisions **from other**  Federal -ate **mtions,** and, **if so,**  please explains (Rmphamim **added. 1,**  cannot be answered,as it involves a factualmatter rather **#an** a legal question. Inquiry should be made of the Director of the Division of PlanningCoordinationin the Gwernor's Office as to such matters, includingany contracts with other member gwernmentswhich the entity may have entered into pureuant to Section 4 of Article 1011m. Inquiry might also be **made as**  **to** Interstate**Commissions** under Section 7 ana activityunder Section 8 of Article 1Ollm in international areas. We quote your fourth **and fifth**  questions:

**“ 4.**  Is there any requirementthat under any of the above mentioned organizations that representation from lw income and minority group **members** bs am8ured?"

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**.!5.** At ths present time, is there a requirement~that~the.visnm of establishedcitisensgroups, low inccme citizens**and** minority gMup members mst MI solicitedbefore adoption of 'my majar work prograrrr,

pooposals.ar'planniug documents...: We regret we are unable to answer these faalxml questions, which call for an investigation of the agreesnmte

which have been l nt%red into. A lw income and minority 'groeps **does** not constitutea politicalentity as such; however, Section 5 of Article 101&a permits the cooperating governmentalunits to determineby agreement their numb8r, gualifications, and the means and smthod8 of operation. Conseguently,this is a matter left to the discretionof 8uch units by the statute. There is no statutoryrequirementfor representationfrom any particular group. euch as "law income or minority groups mmnber8,m or for solicitation of their views before adoption of work programs, proposal8or planning documents. Your sixth inguiryreaasr

**“ 6.**  Can Potter Counky, Randall County, the City of Wuuillo and the City of Canyon include all Panhandle aounties in their Council of Gwemaunt....* In our opinion, they may do SO under the authority **of** aticle 1Ollml prwided, hwever, the governing**bodies** to be included mutually agree thereto, as requiredby Section 3, Article lOllm, and meet the conditionsprescribed in Section l.D, Article 101lm. Under the bylaws of the Panhandle PlanningCommission all counties in the panhandleare expressly declared to be eligible fQr membership if the county so elects. We nw quote your seventh and ninth guestiohe: ***7.** On the other hand, may a city, like the City of Perryton, a OchiltreeCounty, which **do-ES0** not adjoin Potter or Randall County, if it should desire, join the Potter and Randall County Council of Government?

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HonorableG. R. close, page 4

-9. Way counties that **have** mutual problems, but axe not contiguous, form a council of **gwerp** ments ox a rsgionalplauuing aommission. **For ex**  ample, QQuld OchiltteeCounty and Eansfoxd County,- form a coancil **of** gwexuments with Pioberts and Armstrong CountiesPg These gsestiensmust bs answered in the negative. Article lOllm, Sestion 1.0, **declares that:** 

*'Region', 'Area',**or** 'Regional' means a geographicarea consistingof a county or part thereof, Tao ox moxe a- counties ox ajoininq-parts**thereof,** which have camWon pxoblelM....' (knphasis **added.) ,We**  now consideryour eighth question,

**“ 8.**  Is it **pemissible for**  the regional planning coanaission or council **of gwsrnments**  to **have** written into its by-laws that **the** governingbody, or council, shall be camposed **of** only elected officialswho Were elected at an eleotion,held

under the Texas Election Code?* We answer this question in the **affirmative, as**  it is within the authoritygiven the gwerning bodies of the cooperating governmental units under Section 5 of Article 1Oll.m. Your final tenth question is **a0** follws: '10. Finally, at **the** present time, Ocbiltree County doe8 **not** belong to the Amarillo Council **of** Gwermaents or any other **regional** planning cosunission or **coma11** of gwernments. **If** OchiltreeCounty should want to make applicationfor State and/or Federal Funds, 

### w0ula its application bs required to bs screened or approvedby the &sarillo Council of Gwernments, since they have included twenty-five**of** the Panhandle counties, includingOchiltrw County, **TeXaB,** in their **area? ”** 

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Eouorable 0. R. Close, **page** 5 ,.

We find nothing in ~the'statute which requires such an applieatiouto bescreened ox approvedby .the &sari110 Council **of** Gwernments: **We** regret that we axe unabls to answer this guestion as posed, for it involvesguestions **of** administrative policy and of fact, involving feasibility**and** fact findingby a etate agency i This~officehas no authorityto determinea factual guestion.

(1) There is **no** legal differencebetween regionalplanning cosuaission, councils of gwernment, ana area **Uevelopment** councils organizedpursuant to the terms of Article lOllm,Vernon's Civil Statutes. (2) Regional planning coaanissions may not legallybe supervisedby the fedexal gwernment ox its agencien. (3) Representation **from** lw income and minority groups on regional planning cosu@Ws~is **not** a statutory prereguisiteto the establishmentox operetion of such commisBions. (4) A county cannot be incluaea in a x&gional planning commission without **it0** assent to joining Sm, although**under the**  bylaws of the Panhandle Planning Commissionall counties in the panhandleare expressly declared to be eligible for membership if the comnty so elects. (5) Two counties cannot form a regional planning commission

unless they w each other.

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(6) It is permissible **for** a regionalplanning coauaissiea

to stipulate in its by-laws that the governing **body of**  such caamissionshall be composedonly **of** officialsthat were elected at an electionheld pursuant to the terms **of** the Texas Eleation Code. (7) **We** fina nothing in the statutewhich reguimsanch au a~licatien to be screenedor approved **by** then &sax1110 Council **of** GoJornments.

neral **of Texas**  Preparedby James Swearingenand Austin C. **Bray,** Jr. 4ssistantAttorneysGeneral APPRovED~ OPImow c!omI~ Kerns Taylor, Chairman W. S. Allen, Aating Co-Chaiman Roger Tyler Ivan Williams Rex White Fielding Barly **MEADB F.**  **GRWFIH** Staff mgal &ssistant ALFmD vim BxecutiveAssistant mLA wEIT First Assistant

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