Texas Attorney General Opinion: WW-433 Page: 3 of 6
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Honorable Raymond W. Vowell, Page 3 (WW-433).
"3. If your answer to question 2 above is in
the affirmative, is there any legal
impediment to Dr. Harrison receiving the
emoluments that go with the salary of
his office during the aforementioned
period of time?"
The answer to your first question is governed by
the application of Section 51 of Article III of the Texas Con-
stitution, which is as follows:
"The Legislature shall have no power to make
any grant of public moneys to any individual,
association of individuals, municipal or other
corporations whatsoever; . .
It is apparent that the above Article prohibits the
Legislature from granting or appropriating public money to any
individual, association of individuals, municipal or other
corporations. However, the Texas courts have interpreted
Section 51, Article III, as not preventing the Legislature
from appropriating State funds to an individual, association
of individuals, municipal or other corporations if the use and
purpose of the appropriation is for the furtherance of the
governmental duties of the State. If the appropriation is for
& use not related to State governmental duties and functions,
such appropriation is a gratuity and invalid. Bexar County v.
Linden, 110 Tex. 339, 220 S.W. 760 (1920); Road Distriot No.
4,0Shelby Co. v. Allred, 68 S.W.2d 164 (Conmm.App., 1934),
opinion adopted by the Supreme Court; City of Aransas Pass v.
Keeling, 247 S.W. 818, 112 Tex, 339 (1923); Jones v. Alexander,
59 S.2d 1083 (Comm.App., 1933), opinion adopted by the Su-
preme Court; Texas Pharmaceutical Association v. Dooley, 90
S.W.2d 328 (Tex.Civ.App., 1936); Jefferson Co. v. Board of Co.
& Dist. Road Indebtedness, 162 S.W.2d 901 (1944).
Accordingly, to the extent that the authorization
for the expenditure of appropriated funds for personnel to
attend schools, clinics and conferences, etc., for training
purposes is directly and substantially related to the perform-
ance of the State's governmental functions, we hold Subsection
c Article II, House Bill 133, Acts 55th Legislature, Chapter
365, page 870, to be authorized by the Texas Constitution. A
limitation on the Act imposed by the provisions of Section 51,
Article iii, of the Texas Constitution, is that no governing
board may allow State employees and officials to attend
schools, clinics or conferences, etc., which bear no substantial
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-433, text, May 20, 1958; (https://texashistory.unt.edu/ark:/67531/metapth267045/m1/3/?rotate=90: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.