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TX JM-185 August 6, 1984

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

Short answer: No. JM-185 concluded that a House committee lacked statutory authority to accept private donations. A general appropriations provision covering gifts already accepted by authorized agencies did not itself grant gift-acceptance power.

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This page answers the general question as of 1984. Ezel answers yours: what it means for your facts, under current Texas law, with citations.

Currency note: this opinion is from 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.
Disclaimer: This is an official Texas Attorney General opinion. AG opinions are persuasive authority in Texas courts but are not binding precedent. This summary is for informational purposes only and is not legal advice. The opinion dates from 1984; verify current legislative, gift-acceptance, appropriations, public-funds, donation, and ethics law before relying on it.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original AG opinion (PDF)

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

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

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