Could a Texas House of Representatives committee accept donations from private organizations?

Texas AG Opinion JM-185: Private Gifts to House Committees

Plain-English summary

JM-185 concluded that a committee of the Texas House of Representatives was not authorized to accept donations from private organizations.

"A House Committee may not accept donations from private organizations."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0185.pdf

The General Appropriations Act appropriated gifts and bequests to named state agencies, but the opinion said that provision covered only gifts accepted by agencies that already had general-law authority to receive them.

"That provision does not itself authorize agencies to accept gifts; it merely appropriates those gifts accepted by agencies already authorized by general law to accept them."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0185.pdf

JM-185 found no gift-acceptance authority for the legislature or a legislative committee in article 5429f or elsewhere.

"Neither in ... article 5429f, V.T.C.S., nor elsewhere has the legislature seen fit to provide that it or a committee thereof ... may accept donations."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0185.pdf

Currency note

This opinion was issued in 1984. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the appropriations act's gift language authorize the committee to accept money?

No. The opinion treated the appropriation and the authority to accept a gift as separate legal questions.

"General legislation is required."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0185.pdf

What did the appropriations provision actually do?

It appropriated bequests and money gifts to state agencies named in the act.

"All bequests and gifts of money to state agencies named in this Act."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0185.pdf

Why did JM-185 require specific statutory authority?

The opinion relied on prior authority stating that legislative authorization was necessary for a state body to accept gifts.

"Legislative authorization for the acceptance of gifts is necessary."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0185.pdf

Did other Texas agencies have express gift authority?

Yes. JM-185 contrasted the committee with bodies for which the legislature had enacted express authority, including the Commission for the Deaf and the Governor's Commission on Physical Fitness.

"As it has for the Commission for the Deaf ... and the Governor's Commission on Physical Fitness."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0185.pdf

Did the opinion decide every possible ethics or criminal-law objection?

No. Once it found no acceptance authority, it declined to examine additional objections under the ethics and Penal Code provisions it cited.

"Since we have found that a legislative committee is not authorized to accept donations it is unnecessary to examine other possible objections to the receipt and expenditure of such donations."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0185.pdf

Background and statutory framework

The request asked a single question: whether a House committee could accept donations from private organizations.

"You have asked whether 'a House Committee can accept donations from private organizations.'"
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0185.pdf

Section 19 of article V of the 1983 General Appropriations Act expressly appropriated gifts of money to agencies named in that act.

"Section 19 of article V of the General Appropriations Act ... explicitly appropriates 'All bequests and gifts of money to state agencies named in this Act.'"
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0185.pdf

The opinion distinguished legislative authorization to receive a gift from an appropriation authorizing expenditure of money after lawful receipt.

"It merely appropriates those gifts accepted by agencies already authorized by general law to accept them."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0185.pdf

Citations and references

• The General Appropriations Act supplied the gift-appropriation language that JM-185 held insufficient as acceptance authority.

"That provision does not itself authorize agencies to accept gifts."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0185.pdf

• Article 5429f did not supply a House committee with the missing authority.

"Neither in ... article 5429f, V.T.C.S., nor elsewhere has the legislature seen fit to provide that it or a committee thereof ... may accept donations."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0185.pdf

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-0185
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0185.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain. The linked PDF is authoritative.

The Attorney General of Texas
August 6, 1984
JIM MATTOX
Attorney General

Supreme Court Building         Honorable Charles Evans               Opinion No. JM-185

P. 0. Box 12546
Chairman
Aus!in, TX. 76711.2546 Conrmltteeon House 4dministration Re: Whether a committee of the 512/475-2501
P. 0. Box 2910
House of Representatives may
Telex 9101674.1367
Telecopier 5121475.0266
Austin, Texas 78759
accept donations from private
organizations

714 Jackson. Suite 7M1 Dear Representative Evans:
Dallas. TX. 75202-4506
2141742.6944
You have askwl whether "a Rouse Committee can accept donations from private organizations." We conclude that a committee of the 4024 Alberta Ave., Suite 160 Texas House of Representatives is not authorized to accept donations El Paso, TX. 79905.2793 from private organizations.
9151533.3464

Section 19 of article V of the General Appropriations Act, Acts r
31 Texas. Suite 700
1983, 68th Leg., ch. 1095, at 6016, explicitly appropriates "All Houston, TX. 77002-3111 bequests and gifts of money to state agencies named in this
7131223-5666
Act . . . ." Howerar,
that provision does not itself authorize agencies 608 Broadway, Suite 312
Lubbock. TX. 79401.3479 to accep:: gifts; it merely appropriates those
606/747-5238
gifts accepted by agencies already authorized by
general law to accept them. General legislation is requ:i::ed. Attorney General Opinions R-2680 4309 N. Tenth. Suite B
McAflen, TX. 76501-1665
(1951); ~I.-4681
(1942).
512/662-4547
. . . ,
200 Main Plaza, Suite 400
Legislatbre authorization for the acceptance of San Antonio, TX. 76205.2797
512/2254191 gifts is necessary . . . . -See 81A C.J.S. States 6145 at 530.

An Equal Opportunity/ Attorney General Opinion H-1180 (1978). Neither in the Legislative Affirmative Action Employer Reorganization Act of 1961, as amended, article 5429f. V.T.C.S., nor elsewhere has the legislature seen fit to provide that it or a committee thereof, article 54298, V.T.C.S.. may accept donations, as it has for the Conmdssion for the Deaf [V.T.C.S. art. 4413(43)], and the Governor's Cwnmission on Physical Fitness [V.T.C.S. art.
4413(44)1. *. for example, V.T.C.S. art. 46c-6 (Aeronautics Commission); V.T.C.S. art. 3207a (Commission for the Blind); V.T.C.S. art. 4477-30 (Henophilia Assistance Program); V.T.C.S. art. 4590f Honorable Charles Evans - Pa$;e2 (~~-185)

(State Radiation Control AgeIcy); Code Crim. Proc. art. 42.121 (Adult
Probation Commission). Cf. 68th Leg. Senate Bill No. 772 and House
Bill No. 622 (1983). -'

Since we have found that a legislative committee is not authorized to accept donatjons it is unnecessary to examine other possible objections to the receipt and expenditure of such donations.
See, e.g., V.T.C.S. art. 62.j:!-9b;
Penal Code 5636.08 and 36.09.

SUMMARY

A House Committ,‘.e may not accept donations from private 0rganiaatLJns

JIM MATTOX
Attorney General of Texas

TOM GREEN
First Assistant Attorney General

DAVID R. RICHARDS
Executive Assistant Attorney General

Prepared by Colin J. Carl
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

Rick Gilpin, Chairman
David Brooks
Colin Carl
Susan Garrison
Jim Moellinger
Nancy Sutton

p. 811