JIM MATTOX 

Attorney General 

Suprrme Court Building 

P. 0. BOX 12549 

Austin. TX. 76711. 2546 

714JaCkSm.Suite 700 

Dallas. TX. 75202-4506 

2141742.6944 

4624Albertl Ave..Suils 160 

El Paw TX. 79905.2793 

~15/533.3464 

1001 Texas. Suite 700 

“ou.ton. TX. 77002-3111 

7131223.5888 

606 Broadway, Suite 312 

L”DbOCk. TX. 79401.3479 

6061747.5236 

4309 N.Tenth, Suite B 

McAllen. TX. 76501.1965 

5121662~4547 

200 Main Plaza. Suits 400 

San Antonio. TX. 16205.2797 

5121225-4191 

The Attorney General of Texas 

October 26, 1984 

Mr. Randy M. Lee 

Executive Director 

Texas 1986 Sesquicz~~tennial 

commission 

P. 0. Box 1986 

Austin. Texas 78 X7 

Opinion No. JM-220 

Re: Whether a county or city 

may contribute funds to a local 

sesquicentennial committee and 

related questions 

Dear Mr. Lee: 

You ask several related questions regarding the status and 

funding of local r!csquicentennial committees. First, you ask wherber 

the local commitl:cfes are “extensions” of the Texas 1986 Sesquicentennial Commiss;jon. You also raise a number of specific issues 

relating directly t3 partJcular city and county contributions to local 

committees. 

With regard 10 your first question. we conclude that local 

sesquicentennial wmmittees are “extensions” of the local governing 

entities which create rhem; they are not functional extensions of the 

Texas 1986 Sesqu.ll!entennial Commission. Local governing entities 

create their low:. sesquicentennial committees, appoint commircee 

members, and apprc%e the committees’ master plans prior to submission 

of the plans to t’l’? state commission. Despite some state commission 

influence, local commiteees act primarily as agents for the local 

governing bodies which create them. See Attorney General (Ipinions 

- 

JM-71 (1983); m-533 (1982). 

The state cormlission has specific duties and powers with regard 

to sesquicentennizll. activities on the local level, but it does not 

create the local committees or dictate directly the exteot of their 

authority. Article 6145-11. section 7. indicates. in part, that the 

commission shall 

(1) encourage individuals, private organizations, zJ.d local governmental bodies to organize 

activities celebrating the state’s sesquicentennial; 

(2) ~II individuals, private organizations, 

and low1 governmental bodies that 

-- 

organize 
Mr. Randy H. Lee - Psge 2 (.Rl-220) 

sesquicentennial _c~ctivicies to coordinate the 

activities; 

. . . . 

(4) develop Iltandsrds for sesquicentennial 

sctivl ties orsan cred bv individuals. orivate - . 

organizations. -and local- governmental bodies and 

sanction activitJes that comply with the 

standards. . . . (Eaphasis added). 

At the local level, the commission’s functiou is to coordinate 

local activities with ocher local activities and with state 

activities. The collrmission’s power over local governing entities is 

indirect, stemming from the benefit derived by local governing 

entities from the increased publicity and appeal that result from the 

commission’s promotion of specific local activities. Thus, the 

authorjty to develop standards is merely a prerequisite to the 

commission’s officisl ssnctlon of local activities. rather than a 

statutory grant of direct control over the activities of local 

governing entities. 

A local governing entity or its local committee is subject to 

commission control only when, and only to the extent, that the 

commission expends state funds, including donations accepted on behalf 

of the state, to encourage, coordinate, and sanction local activities 

as authorized by section 7 of article 6145-11. See Attorney General 

Opinions MW-533, m-489 (l’H2). See also M-114871972). Except in 

this limited context, local committees are controlled by the local 

governing entities which crtr;ite them. 

The status of local colmaittees as “extensions” or *gents of local 

governing entities is also rarlevant to your inquiry about restrictions 

on the source of contribur::lons that may be accepted by local committees. Because your Letter refers to 8 city or county 

“contribution” to its own wmmittee, at the onset it is necessary to 

emphasize that vhen alcwal governing entity makes expenditures 

through its own agent -- its local committee - the action constitutes 

an expenditure by the local governing entity. It is not a “contribution” in the sense of a “iDnation” to the local committee. 

Your other question 3 relate to the validity of certain 

contributions to, or expenditures by, CitifS and counties. 

Specifically, you inquire .%bout their expenditures (1) for their own 

local sesquicentennial comndttees. (2) for their conunittees’ projects 

directly, and (3) for j0:inc committees formed with other local 

governing entities. We conclude that. subject to the folloving 

limitations, local governmental entities may expend funds jr. all three 

ways for sesquicentennial activities. You do not inquire about the 

r I 
Mr. Randy g. Lee - Page 3 [JM-220) 

extent to vhich cities end counties may delegate this expenditure 

power to local aesquicentunnial committees; therefore, Eve do not 

address the issue. See Attorney General Opinion JM-71 (1983); see 

generally Canales v. xghl.in, 214 S.U.Zd 451 (Tex. 1948); Pidel~ 

.Land a Trust Co. of Texas V.-&y of West University Place, 496 S.W.Zd 

116 (Tex. Civ. App. - Roustc~~l4th Dist.] 1973, writ ref’d n.r.e.). 

Limits on expenditurcc, by local sesquicentennial committees 

depend upon the local govenmental entities’ authority to make certain 

expenditures. Both grants of authority to make expenditures and 

limits on its exercise are rr!levant. Counties and cities possess only 

-- 

the powers expressly or by necessary implication authorized by the 

Texas Constitution or statutes, or by local charters. Lower Colorado 

River Authority v. City of San Marcos. 523 S.W.2d 641 (Tex. 1975) 

Tome rule cities); Canalec?v. Laughlin, 214 S.W.Zd 451 (Tex. 1948) 

(count I&) ; Cit of West L.&e Hills v. 

--+---mnpp 

Westwood Legal Defense Fund, 

598 S.W.Zd 681 Tex. . - Waco 1980, no vrit) (general law 

cities). This rule applies to the power to make certain expenditures. 

See Attorney General Opin:.ons JM-191 (1984); JM-65 (1983); H-1170 

(1978). 

No provision expressly authorizes local governmental entities to 

engage In local sesquiccwtennial activities. Nevertheless, by 

providing that the conrmisslon shall encourage and sanction local 

sesquicentennial activities: by local governmental bodi.es, article 

6145-11, section 7, authorizes some local sesquicentennial activities 

by necessary implication. More=, numerous more general statutes 

expressly authorize counties and cities to engage in local activities 

of this sort. See, e.g., V.T.C.S. art. 6145.1 (county historical 

commission); V.T.C.S. art. 2372d-8 (certain counties authorized to 

make public improvements in.:t!nded to attract tourists); art. 1264j-4.1 

(cities authorized to xwl:e public improvements that would be 

frequented by tourists); V.‘P.C.S. art. 6081t (G tourism-related 

projects); V.T.C.S. art. lOlSc-1 (establishment, by counties and 

cities, singly or jointly, 0:: recreational programs and facilities). 

Accordingly, local gowrnmental bodies are impliedly authorized 

to make reasonable expenditwres for local sesquicentennial activities. 

Ag.ain. we emphasize that wedo not address the extent to which cities 

and counties may delegate twir sesquicentennial activity authority to 

local committees. In many instances, the specific statutes cited may 

prevent delegation of certain powers. See. e.g., Attorney General 

Opinion .I?+7 1. Therefore, the answers to your questions relating to 

particular contributions b:. city and county governments depend only 

upon limits on the exercise ,>f this authority. 

The Texas Constitution ,:xpressly prohibits the use by a political 

subdivision of its public funds or credit for Private purposes. Tex. 

Const. art. III, 552; State v. City of Austin, 331 S.W.2d 737 (Tex. 

--- 
Nr. Randy EC. Lee - Page 4 (JM-220) 

1970); see also Tex. Const. art. XI, 93; art. XVI, 16. No fixed rule 

delineates exactly what cotrntltutes a public purpose. Nevertheless, 

the statutes cited above, particularly article 6145-11 itself, invite 

the conclusion that both thl! tourism and historic preservation aspects 

of sesquicentennial activl,::tes serve a public purpose. See, also, 

V.T.C.S. art. 6144f. 

Nevertheless, expenditures for local sesquicentennial activities 

cannot benefit private individuals and entities in ways so out of 

proportion to the overall p~hlic benefit that they amount to a virtual 

donation. Attorney General Opinion JM-65 (1983); see Attorney General 

Opinion Jh-103 (1983). An i.ncidental benefit toeprIvate person or 

entity is not prohibited. ,G:torney General Opinion MW-423 (1982); see 

Barrington7 Cokinos, 338 S.W.2d 133 (Tex. 1960). When expenditux 

are made which involve prirate parties, however. particularly if the 

expenditures are made dircq:tlg for private local sesquicentennial 

“projects,” article III,x?:ion 52 of the Texas Constitution requires 

that conditions be attached to the expenditure to assure the use of 

public money for a public purpose. See Attorney General Opinions 

JM-103 (1983); MW-423 (1982) ; NW-60 (1979). 

Article III, section I;; usually relates to government donations 

to “private” in the sense oE non-governmental entities as individuals; 

hovever , the provision also bars a politlcal subdivisiou from 

rratuitouslv nrantinn its funds to soother nolitical subdivision. 

Harris Coudty”Flood Contro:t District v. Mann, ‘140 S.W.Zd 1098 (Tex. 

1940); San Antonio Independ,$t School District v. Board of Trustees of 

San Antonio Electric and Gas System, 204 S.W.2d 22 (Tex. Civ. App. - 

El Paso 1947. writ ref’d n.r.e.1: Attornev General Oninions J?+65 

(1983); A-1170 (1978). On the other hand; the provision does not 

prohibit a local governiug body from contracting with another 

political subdivision, or wen with a private entity, to accomplish 

certain of its legitimate pll:rposes. Attorney General Opinions Jh-103. 

JM-65, J?4-44 (1983); MW-(NC (1979); E-1170, H-1123 (1978); E-413 

(1974). 

Joint county-city locii1 actions of the kind required for local 

sesquiceatennial activities are authorized through other, more general 

statutes. See V.T.C.S. art. 4413(32c) (Interlocal Cooperation Act: 

section 3A indicates that celebration-expo*ition type activities fall 

within scope of act); seu also, V.T.C.S. art. 6081e. $1 (parks, 

--- 

playgrounds, historic museums and sites); art. 6081t. 152, 2a 

(recreational facilities); art. 2372d-9 (auditoriums); art. 2372d-5 

(museums) ; art. 1269j-4.5 (civic center authorities); art. 1015c-1 

(recreational programs and facilities); art. 969b (acquisition of 

property). The specific requirements of these statutes would control 

any = local sesquicentennial activities. All that article III. 

section 52 requires in sut,k cases is that each participating local 

governing body receive a benefit from the joint agreement which 
. 

Hr. Randy M. Lee - Page 5 (JM-220) 

provides a quid pro quo for its expenditures. Attorney General 

Opinions R-1170 (1978); H-413 (1974); see also Attorney General 

OpinionJM-191 (1984). 

SUMFiARY 

Local sesquictntennial committees are not 

nextensions” of the Texas 1986 Sesquicentennial 

Commission; they are the agents of, and are 

controlled by, the local governmental entities 

which create them, Subject to the limits imposed 

by article III, section 32 of the Texas 

Constitution, a lccal governing body may expend 

public funds for lccal sesquicentennial activities 

which serve a valid public purpose. 

MATTOX 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney Gererel 

DAVID R. RICRARDS 

Executive Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Rick Gilpin 

Asslstant Attorney General 

APPROVED : 

OPINION COKMITTEE 

Rick Gilpin, Chairman 

Colin Carl 

Susan Garrison 

Tony Cuillory 

Jim Hoellinger 

Nancy Sutton