The Attorney General of Texas
December 29, 1978
JOHN L. HILL
Attorney General
Honorable John J. Kavanagh,M.D. opinion No. R-1318
Commissioner
Texas Department of Mental Health Re: Whether the Department of
and Mental Retardation Mental Health and Mental Retar-
Box 12668, Capitol Station dation may acmtfederal funds
Austin, Texas 767ll to purchase automobile insurance
for foster grandparents who are
not employees of the depart-
ment.
Dear Dr. Kavanagh:
You have requested our opinion as to whether the Department of Mental
Health and Mental Retardation may expend federal grant funds for the
purchase of liability insurance for foster grandparents. The department
receives federal funds as a sponsor of the Foster Grandparent Program
administered by ACTION. As a prerequisite ~tothe receipt of those funds, the
department is required to furnish various kinds of htsurance coverage to
program volunteers, including automobile liability, personal liability, and
accident insurance. The federal grant provides funds specifically for the
sponsor’s use in purchashtg such insurance coverage. You indicate that
program volunteers are not employees of the department.
A rider to the 1977-79 General Appropriations Act authorizes the
Department of Mental Health and Mental Retardation “to accept gifts,
donations and Federal grants for the programs and projects intended to
improve the care and treatment of patients or students” and appropriates
such “gifts, donations end grants . . . for the purposes for which they are
made available.” General Appropriations Act; Acts 1977, 65th L-a ., ch. 672,
art. 11,S2d, at 2699. Another rider to the Act requires that “[afll agencies
receiving federal funds shall utilize those funds to the maximum extent
possible to reduce expenditures of state funds appropriated for use.” Article
V, section 20,at 3155. Thus, an appropriation clearly exists by which the
department could purchase liability insurance for its foster grandparent
volunteers.
g. 5184
Honorable John J. Kavanagh,M.D. - Page 2 (H-1318)
Nevertheless. an annronriation. in order to be valid. must be sunnorted bv
preexist’ law. Tex. Co&: ari. 3, g44. v 7iS.W.2d 242
(Tex. 1934
7 ; Attorney General Opinions H-R72 (1978); H-944 (1977); H-679 t197.5). Article
6252-l9a, V.T.C.S., authorixes various state egencies, including the Department of Mental
Health and Mental Retardation, to purchase automobile liability insurance for the purpose
of insuring “the& officers and employees.” Since volunteers in the Foster Grandparent
Program are not employees of the department, article 6252-l9a is not applicable to them.
In our opinion, however, the statute indicates a legislative belief that specific
authorization is necessary to enable a state agency to purchase insurance. See Attorney
Ganer.al Opinion H-742 (1975). Until there is statutory authorizationregarding
nonemployees, we do not believe that the department may expend funds for the purchase
of irrsurancefor these volunteers.
SUMMARY
The Department of Mental Health and Mental Retardation is
not now authorized to expend, funds for the purchase of
liability insurance for volunteers in the Foster Grandparent
Program.
APPROVBD:
Opinion Committee
p. 5185