Case Information

*1 The Attorney Generals of Texas July 31, 1979

rAK WHITE

omey Geneml .Opinion No.. RW-36

Ronorable Joa Resweber &UT& County Attorney Re: Authority of the Harris 1001 Preston, Suite 634 County Department of R&cation Houston, Texas 77002 to expend tax funds to buy and mail Christmas cards Dear Mr. .Jtesweber:

You have. requested our opinion regarding the’ authority of Rarrii County Department of Rducation to expend tax funds to buy and mail Christmas cards. Article 3, section 52(a) of the Texas Constitution provides: Rxcept as otherwise provided by ~this.section, the Legislature shall have no power to authorixe any county, city, town or other political corpor@on.or subdihsion of the State to lend its credit or to grant public maney or thing of value in aid of, or to eny individu& association or corporation whatsoever, or to ..become a stockholder in such Corporatiat, associatico cc ‘oompany.

I N. Talol. SAW F This office has frequently said .that, in the absence of an adequate quid “tml. TX. 70241 pro quo, a public body has no authcrity to contribute publii, funds to or on mo24E47 behalf of an individual or organization. See Attorney General C@nions

Ii-II89 (1978) (unconditional donation by &y of federal revenue sharing funds to a private day care center constitutes an improper grant of public fund& R-620 (l976) (county may not contribute public funds to the construation of a privately owned and operated livestock show banr); R-397 U974) (county may not become a dues paying member .of a chambers of commerce); R-70 (l973) (school district ma not purchase personal liability insurance for school trustees); M-661 (1970) county has no authority to make r

a grant of public funds to a religious charitable institution); +7197 (19461, G-6563 (19431, G-l001 (1939) (county may not contribute funds to a private charitable institution).

In the present instance, it is not asserted thet the county receives any benefit from the activity you have described. It is therefore our opinion p. 106 *2 (MN-36)

Honorable Joe Resweber - Page TWO that article 3, seetiar 52(a) of the Texas Constitution prohibits a county from expending public funds for the purchase and mailing of Christmas cards. See also Tex. Canst. art. 8, s 3.

SUMMARY Article 3, section 52(a) and article 8, section 3 of the Texas Constitution prohibitwe couhty from expenw pubuc fun+ for the puMaas and mailing of Christmas cards.

MARK WHITE " Attorney General of ‘bx~ JOHNW.I'AINTRR, JR.

Pit Assistant Attomey Generel

TRD L. HARTLRY

Rxecutive Assistant Attorney General

Prepared by Rick Gil@

Assistit Attorney General

APPROVBD:

OPINION COMM?lTRR

C. Robert Heath, Chairman

DavidB.Brooka

Walter Davis

SUSMGarrieon

Rick Giii

William G Reid

BruceYolmgblood

p. 107