Case Information
*1 'THE ATTORNEY GENERAL OF-XAS
June 5, 1972 Hon. Hugh C. Yantis, Jr. Opinion No. M- 1138 Executive Director
Texas Water Quality Board Re: Legality of Texas 314 West 11th Street Water Quality Board Austin, Texas 78711 supplying public with "Clean Water" Dear Mr. Yantis: bumper stickers. Your agency has an Environmental Education Program as part of your activity. In furtherance of the objectives of that program you desire to use appropriated funds in the manufacture or printing of "Clean Water" bumper stickers for public distribution. As to the legality, you request our opinion.
It is our opinion that this expenditure would be legal. It would be no different, except physically, than instruction sheets, pamphlets and other appropriate printing or purchase in carrying out the function of your agency. Our Courts have favored State agencies in holding constitu- tional their expenditures for carrying on their necessary functions. National Biscuit Co. v. State, 134 Tex. 293, 135 S.W.2d 687 (1940); Terre11 v. Sparks, 104 Tex. 191, 135 S.W. 519 (1911). The purpose is within the Texas Water Quality Act. Sec. 21.002, 21.061, 21.067, Water Code, Vernon's Civil Statutes.
Where the law confers a responsibility or power upon a board, the authority to do such things as are reason- ably necessary to carry into effect that responsibility or power is implied. 47 Tex.Jur.2d 145, Public Officers, Sec- tion 110. This office has heretofore relied upon this prin- ciple in finding authority for an agency to publish a news- letter or bulletin at state expense concerning matter related to its statutory responsibilities. Attorney General Opinion Nos. M-828 (1971) and M-439 (1969).
-5541- *2 Hon. Hugh C. Yantis, Jr., Page 2. (M-1138) SUMMARY
------- The Texas Water Quality Board may produce and distribute public "Clean Water" bumper stickers as part of its Environmental Education Program.
Prepared by Vince Taylor
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
J. H. Broadhurst
Bob Flowers
Roland Allen
John Grace
SAMUEL D. MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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