Title l28 (Water),V.C.S.,and pursuantto the constltuticmal authorityfound In Section59, Article XVI of the Texas Constitution.By the expressterms of ArticleXVI, Sec- tion 59, such River Authorities"shallbe governmentalagenciesand bodies politicand corporate.. . ." They are alllimited inthelrarea of opera- tion to a particularlocalewithinthe State by the respectiveenabling statutes. The enablingstatutesvary considerably, but It my be said that River Authoritiesincoruorated uursuautto ArticleXVI. Section59 of the Constituti~, are q&.muni&al corporations.Tri&ty Fresh Water SupplyDistrictNo. 2 v. Mann, 135 Tex. 280, 142 S.W.2d945 (1940). In the case of Willacy CountyWater Controland ImprovementDistrictNo. 1 v. Abendroth,142 Tex. 320, 177 S.W.2d936 (1944)the SupremeCourt stated:
"Irrigationdistricts,navigationdistricts,levee and Improvementdistricts,and like politicalsubdivisionscreated under Section59a of ArticleXVI of the Constitution,and stat- utes enactedthereundercar.mim out the mruoses of such con- stitutionalprovision,are n&z &assed wlih &micipal corpora- tions, but are held to be politicalsubdivisionsof the State, performinggovernmentalfunctions,and standingupon tbe~same footingas countdeeand other poltticalsubdl~lsionsestab- lishedby law. (Citations)."
The Lower ColoradoRiver Authorityand similarRiver Authori- ties, which are quasi municipalcorporationsand politicalsubdivisions of the State, are not among those governmentalagencieswhich were in- ten&d to be regulate@by House Bill 3. The evil intendedto be regu- lated is an evil existentin governmentalagenciesthat are state-wide in their jurisdictionand operationas distinguishedfrom jurisdiction end operationlimitedto a local area.
Furthermore,such River Authoritiesare not commonlyunderstood to be "offices,departments,comissions, or boards",and as such would not fall within the definitionset forth in Section2(a) of House Bill 3.
The Texas ConmissIonon Higher Educationwas establishedby Article2919e-2,V.C.S. Its purposeIs to coordinatethe activitiesof the publicagenciesof higher educationthroughoutthe State, and as such it certainlyis state-widein its operationas distinguishedfrom a gov- ernmentalagency that is merelylocalizedin its j+sdiction or operation. Hon. Zollie Steakley,page 4 (WV-202.)
It is readilyapparentthat it is a com~@sslonwithin the meaningof Ssc- tlon 2(a).
Is it a cownissionof the executivedepartisent,of the govern- ment? The Legislature,iu using the phraseologyin Section2(a) of House Bill 3, "executivedepartmentof the government",did not mesh to restrict that languageto the officerssuumeratedand designatedas "The Executive Departmentof the State" set out in Article IV, Section1 of the Consti- tution. If such were the case there would be no meaningthat could bs given to the words, "commissionor board" found In Section2(a) for the reasonthat Section1, ArticleIV of the,Constitution doss not include any comlssion or board. The phraseology,"executivedepartmentof the govemmsnt" must thereforerefer to such of the governmentalagencies of the Statewhose jurisdiction and operationsare state-widein scope and which have and exerciseexecutivepowersand functions. The Texas Commissionon HigherEducationIs such a commissionof the executiveda- partmentof the governmentwithin the meaningof Section2(a) of House Bill Ho. 3. It performsfunctionsthat are executivein natureand state- wide In scope as-disclosedby Article2glge-2,Vernon'sTexas Civil Stat- utes.
This commissionhas functionsand powersthat are executive in natura,and for the reason8statedwould come within ths.provisionb' of Section3(b).
The State Bar of Texas,by the expresstermsof Section2 of Article3X)(a)-1,V.C.S., is constituted"au administrative agency of . the JudicialDepartmentof the State". It would.not,therefore,be an "office,department,commission,or board of the executivedepartment of the government",and a State agency within the meaningof the Act.
You also ask:
"4. Is an officeror employeeof a State agency,leg- islatoror legislativeemployeewho is a minoritystockholder in a corporationneverthelessrequiredto file the sworn statementunder Section3(b), assumingthe corporationto be under the jurisdictionof eitherthe Board