The opinion
April 6, 1971
Hon. Char.le,s'A. Stewart, Chairman Opinion No. M-828
Texas Fine Arts Commissions
825 Brown Building Re: Whether, pursuant to
Austin, Texas 78701 Article 6144g, Vernon's
Civil Statutes, the Texas
Fine Arts Commission has
authority to publish a
newsletter relating to
pending legislation, and
Dear Mr. Stewart: related questions.
Your recent letter ,requesting the opinion of this office
concerning ~the referenced matter states, in part, as follows:
"As part of our duties and responsibilities
as set ~forth in Section 3 of Article 6144g, we
publish a newsletter to civic art councils and
interested individuals throughout' the state ln-
forming them of art and cultural activities.
At the present time, S.B., 2x0 is on the floor
~of the Senate. It Is concerned with the limited
use of art on public buildings to be built with "
state funds. Our questions are as follows:
"1 . May we publish a newsletter, printing
the entire bill and ,askln the recipients to read
the proposed (legislation 'i and to react either for
or against it?
"2. May I, as Chairman, comment that this
bill is supported by the Texas Society of Architects
and the Texas Fine Arts Commission?
“3.’ May I give a personal opinion as the
Chairman that the bill, in my opinion, has merit?
“4. As a matter of Information, may we ln-
elude a list of the House and Senate members?"
The Texas Fine Arts Commission was established by Article
6144g, Vernon's Civil Statutes, which provides, In part, as follows:
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Hon. Charles A. Stewart, page 2 (M-828)
“Sec. 3. The duties and responsibilities of
the~Commission shall be:
“a , To foster the development of a receptive
climate for the fine arts that will culturally en-
rich and benefit the citizens of Texas in their
daily lives, to make Texas visits and vacations all
the more appealing to the world and to attract to
Texas residency additional outstanding creators in
the field of fine arts through appropriate programs
of publicity and education, and to direct other
activities such as the sponsorship or art lectures
and exhibitions and central compilation and dissem-
ination of information on the prograss of the fine
arts in Texas.
“b . To act as an advisor to the State Building
Commission, State Board of Control, Texas State His-
torical Survey Committee, Texas State Library, Texas
Tourist Development Agency, State Highway Department
and other state agencies to provide a concentrated
state effort in encouraging and developing an appre-
ciatlon for the fine arts in Texas.
“C. To act in an advisory capacity relative
to the creation, acquisition, construction, erection
or remodeling by the state of any work of art.
“d . To act In an advisory capacity, when re-
quested by the Governor, relative to the artistic
character of buildings constructed, erected or re-
modeled by the state.
“Sec. 4. The Commission shall have power:
11
* . .
“C. To conduct research, investigations, and
inquiries as may be necessary so as to inform the
Commission of the fine arts development in Texas.
I,
. . .
“Sec. 5. The Commission may accept on behalf
of Texas such donations of money, property, art
objects and historical relics as in its discretion
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. 1
Hon. Charles A. Stewart, page 3 '. (M-828)
shall best further the orderly development of the
artistic and cultural resources of Texas. Appro-
priations may be made by the Legislature to the
Commlsslon to carry out the purposes of this Act.
All funds shall be subject to audit by the State
Auditor." (Emphasis added.)
Section 5 of Article V of.House Bill 2, Acts of the 61st
Legislature, 2nd C.S., 1969 (General Appropriations Act for the
biennium ending August 31, 1971), provides, In part, as follows:
"None of the moniesappropriated under this
Act shall be used by any agency ._. of the State Gov-
ernment for the purpose or publicizing or directing
attention to any individual official or employee of
any agency of the State Government.
"The policy and restrictions set out in this
Section shall not be interpreted to prevent the
head of any agency of the State, when he deems
it necessary or desirable in the public interest,
to issue through any of such agency's officials or
employees any statement or information respecting
the work, legal responsibilities, or activities of
such agency. Such statement shall be issued, or
such information imparted, in,the name of the agency
of the State but shall be issued under or have at-
tached thereto the name of the official or employee
authorized to issue the same."
The powers and duties of public officers of this state,
such as The Texas Fine Arts Commission, are prescribed by the
provisions of the Constitution and statutes relating to the
particular officers. They have the authority only to perform
those acts as are consonant with those duties imposed upon them
by law. 47 Tex.Jur.2d 138j Public Officers, Sec. 105. Also,
it is stated in this text under Section 110, page 145, as follows:
"It is equally well settled, however, that
a law that confers a power or imposes a duty on
an officer or board carries with it by implication
the authority to do such things as are reasonably
necessary to carry into effect the power granted
or the duty imposed. Thus, power to do certain
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Hon. Charles A. Stewart, page 4 (M-828)
work or to accomplish a certain result that can-
not otherwise be accomplished implies the authority
to employ such agents as may be reasonably necessary
to accomplish the work or purpose specified, and to
engage the! for such length of time as is reasonably
necessary.
In Attorney General's Opinion No. M-439 (1969), this
office upheld the authority of the Secretary of State to publish
a newsletter or bulletin at state expense in connection with the
statutory duties imposed upon him in the dissemination of in-
structions, forms, directives, and statutory enactments, but
denied the authority otherwise, in the absence of statutory
authority, to publish a newsletter or bulletj,n concerning matters
unrelated to his statutory duties.
From the nature and scope of the statutory duties and
responsibility imposed upon the Texas Fine Arts Commission to
foste: the development of fine arts and to promote such develofj-
ment through appropriate programs of publicity and education,
including the "dissemination of information" on the progress of
such flne arts program, we have concluded that the publication
of an appropriate newsletter in this connection is authorized.
Within the newsletter, if it is properly found to be pertinent
and relevant to the promotion of such a fine arts developmental
program, we find nothing in the law that would prohibit making
reference to proposed legislation dealing with and pertinent to
this project or undertaking, including the publication of the
legislation. Consequently, we answer your first question in the
affirmative.
However, we must answer your remaining three questions
in the negative. With reference to questions two and three, we
believe that either the action showing that a bill is supported
by the Texas Society of Architects or the Texas Fine Arts Com-
mission or the action of the Chairman of the Commission giving
his personal opinion as to its merits would be illegal and
against public policy. An agency of the state is precluded from
expending oublic funds either to secure or defeat legislation.
See Graves-& Houtchens v. Diamond Hill Independ. School Dist., 243
b 8 (Tex.Civ.App. 1922, no writ); Attorney General's Opinion
k”‘d64 (1947). Therefore, it is our opinion that the news-
letter must refrain from any partisan activity either for or
against pending bills. This does not preclude the Commission
from inserting views and expressions from the public concerning
the merits or demerits of fine arts proposals in connection with
their responsibilities and mandate to foster, promote, and develop
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. .
Hon. Charles A. Stewart, page 5 (M-828)
the fine arts field in Texas, which includes the finding of the
proper solutions to those problems encountered. The members of
the Commission no doubt have a duty to become informed; and when
the Legislature calls upon them to testify or supply rnformation
on proposed legislation, they have the responsibility of inform-
ing the Legislature concerning this information and giving their
views thereon when so requested.
In answer to your fourth question, the listing of the
names of all the Senators and Representatives in the newsletter
Is, in our opinion, not a legally relevant or appropriate ex-
penditure of funds. However, we do not believe it would be im-
proper to invite the readers of the newsletter to give their
views and thoughts on the fine arts legislation to their re-
spective legislators.
SUMMARY
Pursuant to Article 6144g, Vernon's Civil
Statutes, the Texas Fine Arts Commission may
publish a newsletter in which is printed the en-
tire text of a pending Senate bill relating to
the fine arts, and solicit the comments of the
newsletter's, readers on such bill.
However, the Commission may not comment
that the bill is supported by certain interest
groups, the Commission's Chairman may not give
his personal opinion regarding the merits, if any,
of the bill, and a list of members of the House
and the Senate may not be printed in the news-
letter.
Very truly yours,
CRAWFORDC. MARTIN
Attorney General of Texas
First Assistant
Prepared by Austin C. Bray, Jr.
Assistant Attorney General
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Hon. Charles A. Stewart, page 6 (M-828)
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
R. D. Green
S. J. Aronson
Jerry Roberts
Camm Lary
MEADEF. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
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