You have asked several questions concerning the authority of the Governor’s Office of Traffic Safety to earn income from the promotional use of the “Drive Friendly” logo.

Your office wishes to place an inexact representation of the “Drive Friendly” logo on a number of T-Shirts, sell the shirts through a merchandising agent who would be a private individual or corporation, realize a profit or “income” from the transaction and then use funds thus earned for other aspects of a traffic Your questions are answered in this cont:ext.

The Governor!s Office of Traffic Safety derives its authority the Governor who, by Article 670lj-1, V. T. C. S., The Texas Traffic Safety Act of 1967, is “responsible for preparing and adinihistering a statewide safety program designed to reduce traffic accidents and tie resulting deaths, injuries, and property damage. ” Sec. 2 (b).

The Governor is given extensive authority to design and administer a program of dr%ve,r education and training for Texas, including the power to provide “for coneracts bet:ween governing bodies of centrally located independent school dj,stricts or other suitable public and private agencies and the State !,o provide for approved driver education and training programs.. . ” Sec. 3(a) (3).

p. 171,3 *2 He is also given implicit power to contract with the Federal Govern- ment and with political and legal subdivisions of the State when this is necessary to implement a traffic safety program. Sets. 4, 5(b). Political and legal subdivisions are, in turn, authorized to contract with the State, with each other, and with private persons and may expend funds from any source of “activities incident to the performance of any part of the program and may contract and pay for personal services or property to be used in the program or activities incident to the program. ” Sec. 5(b).

Apart from the planning and coordinating responsibilities given to the Governor, his most important power is his authority to allocate “such funds as may be appropriated by the Legislature in the General Appropria- tions Act to implement the purposes of this Act. ” Sec. 7 (b).

Section 6 (d) identifies the method of allocation:

Grants in aid for governmental purposes and payments to discharge contractual obligations may be made to legal and political subdivisions of the State to carry out any duties and activities which are part of a statewide safety program created, developed, and maintained under this Act. For the implementation of this Act, contractual payment may be made from the Traffic Safety Fund for services rendered and property furnished by prj,vat,e persons and by agencies which are not political and legal subdivisions of the State.

We interpret Article 67Olj-1 as contemplating: (a) intergovernmental contracts; (b) contracts between the State (Governor) and private agencies if necessary for dri~ver education programs, Sec. 3(3); (c) contracts between political subdivisions and private individuals for a variety of purposes and activities incident to a traffic

We cannot find authori.ty Ior a contract between the Governor’s office and a private corporati.on providing of “Drive Friendly’! T-shirts to the general public,

for the State Traffic Safety Program.

In Forth Worth Cavalry Club v. Sheppard, 83 S. W. 2d 660, 663 (Tex. 1935), the Supreme Court said:

All public offices and officers are creatures of law. The powers and duties of public officers aredefined and limited by law. By being defined and Iimited by law, we mean the act of a public officer must be expressly authorized by law, or implied therefrom . . . . It follows the above that public officers may make only such contracts for the government they represent as they are authorized by law to make.

We are unable to find express or implied authority in Article 67Olj-1, V. T. C. S., for a contract between the Governor and either a private corporation or individual of “Drive Friendly ” T-shirts for the State Traffic Safety Program.

SUMMARY The Governor’s Office of Traffic Safety does not have authority under Article 6701-j, V. T. C. S. the Texas Traffic Safety Act, to earn income by means of a contract executed by it assigning rights to the promoti,onal use of the “Drive Friendly” logo to a pri,vate corporation or individual.

Very truly yours, JOHN L. HILL Attorney General of Texas *4 DAVID M. KENDALL, Chairman

Opinion Committee