. _ I
The Attorney General of Texas
December 11. 1978
JOHN L. HILL
Attorney General
Honorable Ben F. McDonald, Jr. Opinion No. H-12 7 6
Executive Director
Texas Department of Community Affairs Re: Determination of authority
Box 13166, Capitol Station of Texas Department of
Austin, Texas 787ll Community Affairs to administer
the section 8 Housing Assistance
Payments Program established
by the Federal Housing and
Community Development Act of
1974.
Dear Mr. McDonald:
You ask whether the Texas Department of Community Affairs has
authority to administer the Housing Assistance Payments Program established
by the Federal Housing and Community Development Act of 1974, 42 U.S.C.
5 1437 et. seq. In order to be authorized to administer the federal program,
the department must have statutory authority and a specific appropriation.
Tex. Const. art. 3, § 44; Tex. Const. art. 8, S 6; Attorney General Opinion H-
289 (1974). Our response is directed to the general authority of the
department to administer this program, and we do not pass on specific
contractual problems which might arise.
The powers and duties of the Department of Community Affairs are set
forth in article 4413(201), V.T.C.S. Section thirteen states that the
department has authority to
apply for contract for, receive, and expend for its
purposes any appropriations or grants from the State
of Texas, the federal government, or any other source,
public or private.
(Emphasis added). The purposes for which the department was created are
stated in section one, which reads:
The purpose of this Act is to create a Texas
Department of Community Affairs to assist local
governments in providing essential public services for
their citizens and overcoming financial, social, and
P. 5047
Honorable Ben F. McDonald, Jr. - Page 2 (H-1276)
environmental problems; to assist the Governor and the
Legislature in coordinating federal and State programs
affecting local government; and to continually inform State
officials and the public about the needs of local government.
Specifically, the department has been given authority to
administer, as appropriate, State responsibilities for pro-
grams created under the Federal Economic Opportunity Act
of 1964 and other federal acts creating economic opportunity
programs.
V.T.C.S. art. 4413(201), 5 4(12). Special assistance to certain low-income families to
obtain decent housing is among the many programs administered under the Federal
Economic Opportunity Act. 42 U.S.C. S 2809(a)(E). We believe, therefore, that
these provisions grant the department authority to administer the Housing
Assistance Payments Program, under which low-income families receive financial
assistance in order to be able to obtain adequate housing.
The appropriation to the department necessary to administer the program is
found in the General Appropriations Act, Acts 1977, 65th Leg., ch. 872, art. V, 5
20, at 3155, which states in part:
Federal Funds: All funds received from the United States
Government by state agencies and institutions named in this
Act are hereby appropriated to such agencies for the
purposes for which the federal grant, allocation, aid,
payment or reimbursement was made.. . .
Since the money for the administration of the program will come from the federal
government, we believe that the funds are properly appropriated under this
provision. See Attorney General Opinion H-550 (1975).
We are informed that the department intends to contract with local governing
units for the administration of much of the program. Such contracts are governed
by the Interagency Cooperation Act, article 4413(32), V.T.C.S. This act
“encourages contractual arrangements between various arms of the state govern-
ment to-carry out its functions.” Attorney General Opinion H-289, supra; see
V.T.C.S. art. 4413(32), 5 3.
It has been suggested that sections 50 and 51 of article 3 of the Texas
Constitution might prohibit expenditure of these funds. These provisions require
only that the expenditure of funds be made for a proper public purpose. State v.
Cit of Austin, 331 S.W.2d 737 (Tex. 1960); Attorney General Opinions H-289, m;
--H 143 1973 ; C 584 (1966); V-1067 (1950). Assistance to low-income families so that
they may obtain decent housing is a proper public purpose. Davis v. City of
Lubbock, 326 S.W.2d 699 (Tex. 1959); Housing Authority of Dallas v. Higginbotham,
p. 5048
I .
Honorable Ben F. McDonald, Jr. - Page 3 (H-1276)
143 S.W.2d 79 (Tex. 1940); V.T.C.S. art. 1269k, S 2. -See Letter Advisory No. 107
(1975).
SUMMARY
The Texas Department of Community Affairs has the
authority to administer the Housing Assistance Payments
Program established by the Federal Housing and Community
Development Act of 1974.
,,~”.30HN L. HILL
Attorney General of Texas
J ”
C. ROBERT HEATH, Chairman
Opinion Committee
P. 5049