Restricted Expenditures — Organizations
A state agency may not provide money or a good or service to a charitable organization unless all of the following apply:
- The agency has specific or implied statutory authority to provide it
- Providing it would serve a proper public purpose
- The agency adopts adequate controls to ensure the public purpose is achieved
- The agency would receive adequate consideration for it
It is unlikely a state agency would be able to show compliance with the preceding conditions.
Texas Constitution, Article III, Section 51; Article VIII, Section 3; Article XVI, Section 6(a); Texas Attorney General Opinion Nos. JM-431 (1986), H-1189 (1978), M-661 (1970), O-7197 (1946), O-5563 (1943), O-1001 (1939). Texas Attorney General Opinion Nos. JC-244 (2000) (addressing the transfer of state funds to a private, nonprofit organization), JC-146 (1999) (addressing the transfer of state funds to a private endowment).