Untitled Texas Attorney General Opinion

OFFICE OFTHEATTORNEY GENERALOFTEXAS AUSTIN OROVERSELIER8 *l-rom4Ev OmJERAL Honorable John Ii.Winters Executive Director State Department of Pub1ic Welfare Austin 3, Texas bear Mr. Winters: Opinion X0. O-7543 y Rer Whether the~Texae,Denartment of Public Pleliare aan’-aontitnne to pay the salary of~dn.~emploZee rho will be aevetinx her time to Child Welfare aerviaesin the State of ! Texas, but.~whoseoffice would,be / la Arkansaer ~.~ Your request Poran opinion upen the above entitled subject matter is aa,helloWa: , ,,‘~ ;’ ,’ : [ 'We woa1.dl'iketo sabimit for,~v&r consldera- tlon and opinion ‘the followfng facts. I / ,, i ~*~"These Is situated In B&e County in Tex- ! p&ma ,a .ChlldWelfare Worker who is an employee ( of’/the State.Department of'Public Welfare. The ! ~,Stateof Arkansas alao~haa a Child Welfare Worker ID *exarkana who Is a resident of Arkansas. As j81uknow, the state line divides the city of I Toharkanajtfidone side of the main street In Tex- ark-a fsin.Arkansas and the other is in Texas- Underthe present plan, children who are residents of Arkansas and who are apprehended on the Texas side of the city are referred to the Arkansas Child Welfare Worker and oioe versa. There are two offices, one maintained in the State of Arkan- saw and one maintained in the State of Texas. 'shoe these two employees work so aloselv to- rether and the citizewy and public official s Peel that the work could he nerformed more effioiently Honorable John H. Wlntere - page 2 if better offlOe faoilltles were made avel\abYot plana are ??einR: Considered whereby cne offioe will be nrevided for the two employees. *In the event that the offiae space Is Dro- rided hy the local citizenry on the Arkansas &do of the eltv of Texarkana, will It be nosnl- ble for the Texas Department of Public Welfare to continue paying the salary of the employee who will be d6votlnR her time to Child Welfrre servioen In t.he State of Texas but whose offfee uould be in Arkanae?' It Is elementary that the jurfsdiotlon of a state Worernment 1s limited to the territory within itn boundaries. A Oorellary to this, equally fundamental in the eOOnOQt~ of our Government, im that the powers of State offiaern are limited to the same territorv. The same prlnoiple abplies to mlaipal offloers. In the exeroise of their powern thev are timlted to the territory within the munlolpaI boundaries. i)fcourse, there are certain exooptlons, notably the members of t.heCanprom, but these are exceptions under eonstltutica- al authority. All of the State's offlcer~ and employeee possess onlv the powern oonferred upon them bv low, Andythere is no lnw suthorl;sln~,either expressly or by impticahicn~ the ntatSoninc of one of our child welfare workers beyond the state horders, worthy and even oommendable aa the mOtlVe kay he. X?XW the Cavernor of the state arosses the state 'linethe hi& yowortvof the Chief JZxeoutlvecease, and he wires the I.lout?nantOovmnor, in order that government may go on as unwll . Evep when a loos1 neaoo offioor crosnos the stat.0 line he lays aside his gun. There are faotual situations rhere ronpeat for mathe- matiaal state lines has llttlo to oommend it, and your situa- tion is one of them. Nevertheless, Stato lines ore yat real in government,,and the limitations upon the powers of ,gOVemm%TIt and governmental offYaia1~ from the lowest to the hlgheat 3luRt be respected. If one of our child welfare workers opens an offlob across our horders, she is out of bounds, whether it be at Texarkana or El Paso, and 7lkewise Off the pay roll. Of course, we are not t,aI*rinx about thoee out-of-state trips on state busi- neea authorized hv law. Honorable John If.Wnters - ?iWe 3 We trust that ifhatwe have said sui!fiOientlg ans*ers your InquirY.