- .
Honorable John H. Winters Opinion No. WW-429
Commissioner
State Department of Re: Is the State Department of
Public Welfare Pub110 Welfare authorized
Austin, Texas to make the necessary re-
pairs and renovationsto
office space allocated to
the Department rent-free
by a munioipalityor county
and to expend appropriated
Dear Mr. Winters: funds therefor?
Your request for an opinion raads as follows:
"We request your opinion as to whether this
Department is authorized to make necessary repairs
and renovationsto office epaae allocated to the
Department rent-free by a munioipalityor oounty
and to expend appropriatedfunds therefor. Such
space or building being owned by such munioipality
or county.
"The Department ie of the opinion that it is
authorized to make such neceaaary repairs and reno-
vations pursuant to the authority contained in
Subsection (7), Section 4 of titiole 6950 of Ver-
non'8 Texas Civil Statutes, Section 39 of Apticle
695c, Vernonss Civil Statutes, Items 58 and 87 of
the appropriationto the Department contained in
House Bill 133, Acts of the 55th Legislature.
"Fursuant to Article 695c, this Departmenthas
entered into various agreementswhereby space is
allocated to the Department rent-free and the
Departmentmakes certain necessary repairs and
renovations. Such repairs to include but not limit-
ed to painting walls, repairing floo~a, furnishing
removable partitions and fixturea, etc. Whenever
it is necessary to use non-expendableitems (such
as partitions and fixtures) in making the repairs
and renovations,such items remain the property of
the State and is carried on the inventory of the
Department."
c .
Honorable John H. Winters, Page 2 (WW-429).
Subdivisions5 and 7 of Seotion 4 of Article 695c,
Vernon's Civil Statutes provide in part:
"(5) Assist other departments,agencies and
institutionsof the local State and Federal Govern-
ments, when so requested and oooperatewith such
agencies when expedient, in performing services in
conformitywith the purposes of this Act;
"(7) Establish and provide such method of
local adminlstration'asis deemed advisable, and
provide such personnel as may be found necessary
for carrrlnn out in an eoonomioalway the adminls-
tratlon 'Ifthis Aat; D I). '
Section 39 of Article 695c, Vernon's Civil Statutes,
provides:
“Sea. 39. No provision of this Act is ln-
tended to release the counties and~municlpalitles
in this State from the speolflo responsibility
which is aurrently borne by those oountles and
municipalitiesIn support of pub110 welfare, child
welfare, and relief servioes. Such funds which
may hereafter be appropriatedby the oountles and
municipalitiesfor those servioes may be admlnis-
tered through the county or district offices of the
State Department, and if so administered,shall be
devoted exclusivelyto the services in the county
or municipalitymaking such appropriation."
Pursuant to the above quoted provisions, it is the
duty of the Department of Public Welfare to cooperate with
the municipalitiesand counties of this State In carrying out
the program provided for in Title 20A of the Revised Civil
Statutes of Texas, 1925.
Items 58 and 87 of the appropriationto the Depart-
ment of Public Welfare contained in House Bill 133, Acts of
the 55th Legislature,Chapter 385, provide:
"For the Years Ending
August 31, August 31,
1958 1959
"58. Rent, bond premiums,
postage, telephone and
telegraph, freight, ex-
press, drayage, stationery,
Honorable John H, Winters, Page 3 (WW-429).
printed
-. forms,
~ offloe
, SUP-
pllea, equipment,re airs,
examining fees0 mriiTi%ZV-
viaee, maintenance an& mia-
cellaneoueand aontingent
expenses (inaludeaWerft
System e a D + D , O Q *,,. 4 188,8954 188,895N
"87. Provided thrtin
addition to the appropriated
state funds POP Child Wel-
fare Servicrei,artilatanoe
payments and'administr.ative
expenses for the biennium,
the State Department of
Public Welfare is authoriaed ',
to aocept from the'Federa1
Glovernmentang'funds that
may be allocated~bysaid
tivernment to the,'State
Deportmentof Publie Welfare
for Child Wel$a&e:;'Servloee,
assietanae and a'diilinistratlon~~ ~,
and said Department oan use ,," '~
such Federal,FUndsallocated
for Child Welfare'Servloea,
assistanoe payments and admin-
ietrative~expenses"'in addi-
tion to funds appropriated
for those purposes-lout of
State Funds, estimated to be $93,353,121$93,353,121'
In view of the provisions of Artiole 695u, the State
Department of Public Welfare Is authorized to enter into agree-
ments with municipalitiesand oountles for the purposes of
carrying out the Welfare Program. It is, therefore, our opinion
that the Department of Public Welfare Is authoriaed to make
necessary repairs OP renovationto office spaae allooated to
the Department by a municipality or oounty asoutlined in the
request, and to expend appropriatedmoneys for suoh purposes.
SUMMARY
The State Department of Publlo Welfare is
authorized to make neoessary repairs or
renovation to offloe space alloaated to
Honorable John H. Winters, Page 4 (WW-429).
the Department rent-free by a municipality
OP county, and to expend appropriated
funds therefor,
Your.43
very truly,
WILL WILSON
Attorney General of Texas
JR:mg:jl
APPROVED:
OPINION COMMITTEE
Geo. P. Blackburn, Chairman
J. Mark McLaughlin
J. Arthur Sandlln
Jack Goodman
REXIEWED FOR THE ATTORNEY GENERAL
BY:
W, V. Geppert