Untitled Texas Attorney General Opinion ( 1983 )


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  •                                                 The Attorney General of Texas
    March 18, 1983
    JIM MATTOX
    AttorneyGeneral
    Mr. Charles B. Wood                      Opinion No. JM-15
    Supreme   Court Building
    Executive Director
    P. 0. Box 12546
    Austin. TX. 78711. 2546                    Texas Industrial Commission              lb:   Use of bond proceeds
    5121475-2501                               P. 0. Box 12728. Capitol Station         raised under article 5190.6.
    Telex    9101674.1367                      Austin, Texas   78711                    V.T.C.S., for public display
    Telecopier       5121475-0266                                                       of works of art
    1607 Main St.. suite 1400
    Dear Mr. Wood:
    Dallas,   TX. 75201-4709
    2141742.8944                                    You have requested an opinion as to whether a requirement of the
    city of Austin that the Austin Industrial Development Corporation
    allocate a predetermined percentage of the bond proceeds of each
    4624 Alberta        Ave.. Suite      160
    El Paso, TX.        79905.2793             project financed under its authority to "a public display of works of
    915/533-3464                               art" is consistent with the legislative requirement that such bond
    r                                              proceeds be used in promoting and developing industrial and
    manufacturing enterprises which promote and encourage employment and
    1220 Dallas Ave., Suite             202
    HOUS~O”. TX. 77002.6966
    the public welfare.
    7 131650-0666
    The legislation authorizing such financing is the Development
    Corporation Act of 1979, article 5190.6, V.T.C.S. Section 21 of the
    606 Broadway,         Suite 312            act authorizes a municipality to establish an industrial development
    Lubbock.     TX.     79401.3479
    6061747-5236
    corporation "to issue bonds. . . to finance the cost of projects to
    promote and develop industrial and manufacturing enterprises to
    promote and encourage employment and the public welfare." Section
    4309   N. Tenth.      Suite     S          2(10) defines "project" as the land, buildings, equipment, facilities
    McAllen.     TX.     76501.1665            and improvements found by the board of directors of the industrial
    5121662-4547
    development corporation to be required or suitable for the promotion
    of manufacturing development and expansion and for industrial
    200 Main Plaza. Suite 400                  development and expansion of certain facilities, as well as facilities
    San Antonio.  TX. 76205.2797               related to these manufacturing and industrial facilities, and in
    5121225-4191                               furtherance of the public purposes of the act. Section 3 states in
    part:
    An Equal        Opportunity/
    Affirmative       Action     Employer                It is hereby found, determined, and declared:
    (1) that the present and prospective right to
    gainful employment and general welfare of the
    people of this state requires as a public purpose
    the promotion and development of new and expanded
    industrial and manufacturing enterprises;
    p. 59
    Mr. Charles B. Wood - Page 2   m-15)
    (2) that the existence, development, and
    expansion of industry are essential to the
    economic growth of the state and to the full
    employment. welfare, and prosperity of   its
    citizens;
    (3) that the means and measures authorized by
    this Act and the assistance provided in this Act,
    especially with respect to financing, are in the
    public interest and serve a public purpose of the
    state in promoting the welfare of the citizens of
    the state economically by the securing and
    retaining of private industrial and manufacturing
    enterprises and the resulting maintenance of a
    higher level of employment, economic activity, and
    stability;
    .   .   .   .
    This Act shall be liberally construed in
    conformity with the intention of the legislature
    herein expressed. (Emphasis added).
    The intention of the legislature is to be found in the language of the
    statute. Duval Corporation v. Sadler, 
    407 S.W.2d 493
    , 497 (Tex.
    1966); McGuire v. City of Dallas, 
    170 S.W.2d 722
    , 725 (Tex. 1943).
    Section 3 of article 5190.6 sets out the legislature's intention
    in enacting the statute. The fundings and declarations emphasize the
    need to promote the economic welfare of the general public. The
    intent which permeates the language of the statute is the promotion of
    economic, not aesthetic, welfare. Compare Attorney General Opinion
    M-531 (1969) (appropriation to Fine Arts Commission to educate general
    public about fine arts). As already noted, the term "project" for
    example, is defined to include facilities related to specific
    manufacturing and industrial facilities. Sec. 2(10). Section 21
    authorizes the issuance of bonds "to finance the cost of projects to
    promote and develop industrial and manufacturing enterprises to
    promote and encourage employment and the public welfare."         Bond
    proceeds should be spent to further the legislative purpose expressed
    in article 5190.6, V.T.C.S.
    The act describes the results sought as "a higher level of
    employment, economic activity and stability." Although the public
    display of works of art certainly promotes the general public welfare,
    in the narrow confines of the act before us, the public welfare being
    served is clearly that of a purely economic nature.
    P. 60
    Mr. Charles B. Wood - Page 3    (JM-15)
    A municipal requirement more appropriate to the purposes of the
    act would be one dealing with the labor intensive nature of projects
    funded under the act.
    SUMMARY
    A requirement by a municipality permitting
    creation of an industrial development corporation
    that a predetermined percentage of bond proceeds
    of each project be allocated to "a display of
    works of art" is not consistent with the
    requirements of the Development Corporation Act of
    1979.
    Very truly your
    4
    J                 4.A
    JIM     MATTOX
    Attorney General of Texas
    TOM GREEN
    h
    First Assistant Attorney General
    DAVID R. RICHARDS
    Executive Assistant Attorney General
    Prepared by Michael Cafiso
    Assistant Attorney General
    APPROVED:
    OPINION COMMITTEE
    Susan L. Garrison, Chairman
    Jon Bible
    Michael Cafiso
    Rick Gilpin
    Jim Moellinger
    p. 61
    

Document Info

Docket Number: JM-15

Judges: Jim Mattox

Filed Date: 7/2/1983

Precedential Status: Precedential

Modified Date: 2/18/2017