a .,c 

E GENERAL 

January 24, 1962 

Honorable George Preston,Chairman 

Committee on Saving Taxes 

House of Representatives 

Austin, Texas Opinion No. WW-1247 

Re: Authority under present 

law to require recipients 

of state welfare checks 

and unemployment checks 

to work for the proportionate amount of any 

they receive from the 

State of Texas and reDear Mr. Preston: lated questions. 

You have requested our opinion on the following questions: 

"1 . Does this Committee have the authority under the provisions of the Resolution 

to make recommendations to the Special Session 

of the Legislature now in session? 

“2 . Does the State have 'State' authority to require recipients of State Welfare 

checks and unemployment checks to work for 

the proportionate amount of money they receive from the State of Texas? 

“3 . Does Mr. John Winters, Director of 

the Texas Department of Public Welfare, have 

the authority, in the event the present Congress 

enacts legislation on certain recommended reforms in the present welfare program, to proceed with placing these new reforms into 

immediate operation, or, will this necessitate 

a delay until the next Regular Session of the 

Legislature?" 

In answer to your first question, your committee 

was created by House Simple Resolution No. 140, First Called 
Honorable George Preston, page 2. (WW-1247) 

Session, 57th Legislature , which states in one of its resolving clauses that: 

If 

. . . this Committee shall have the duty of 

determining any and all ways and means of reducing costs and eliminating waste and extravagances in Texas State Government operations, and determining plans of operation for 

the various State departments, agencies and 

institutions whereby State services may be 

most economically and efficiently rendered to 

the people of this State; and reporting on 

these and other matters relative to reducing 

expenses of State Government to the House of 

Representatives before the convening of the 

next Regular Session of the Legislature; . . .' 

In vlew of the foregoing provisions you are advised 

that the Committee does have the authority to make recommendations to the Special Session of the Legislature now in session 

on the subject matter contained in House Simple Resolution 

No. 140. 

We have carefully examined the Public Welfare Act and 

the Texas Unemployment Compensation Act. Nowhere in these Acts 

do we find any provision requiring recipients of State welfare 

checks or unemployment checks to work for the proportionate 

amount of any they receive from the State of Texas. 

Your second question is therefore answered in the 

negative. 

The answer ;o your third question will be dependent 

upon the amendments Congress enacts into law and we do not 

have any pending congressional Acts before us at the present 

time. We are therefore unable to categorically answer your 

third question. 

SUMMARY 

The Committee on Saving Taxes has 

the authority under the provisions 

of House Simple Resolution No. 140, 

First Called Session, 57th Legislature, to make recommendations to 
Honorable George Preston, page 3. (WW-1247) 

the Special Session of the Legislature now in session. There is no 

requirement in the Public Welfairc 

Act or the Texas Unemployment Cornliensation Act which requires recipients 

of State welfare checks or unemployment checks to work for the proportionate amount of any they receive 

from the State of Texas. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

JR:lg:zt Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Howard W. Mays,Chairman 

Thomas Burrus 

Gordon Cass 

Elmer McVey 

Joe Osborn 

Pat Bailey 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Houghton Brownlee, Jr.