a .,c


### E GENERAL

January 24, 1962
Honorable George Preston,Chairman Committee on SavingTaxes House of Representatives Austin, Texas Opinion No. WW-1247 Re: Authority under present law to require recipients of statewelfare 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 Committeehave the authority under the provisions of the Resolution to make recommendations to the Special Session of the Legislaturenow in session?

“2

. Does the State have 'State'authority to require recipients of StateWelfare 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 PublicWelfare, have the authority, in the event the present Congress enacts legislationon certain recommended reforms in the present welfare program, to proceedwith 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 createdby House Simple Resolution No. 140, First CalledHonorable George Preston,page 2. (WW-1247)

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

If

. . .this Committee shallhave the duty of determiningany and all ways and means of reducing costs and eliminatingwaste and extravagances in Texas State Governmentoperations, and determiningplans of operation for the various State departments,agencies and institutionswhereby State servicesmay be most economicallyand efficiently rendered to the people of this State;and reporting on these and other matters relative to reducing expenses of State Governmentto the House of Representativesbefore the convening of the next Regular Session of the Legislature;
. . .' In vlew of the foregoingprovisions you are advised that the Committeedoes have the authority to make recommendations to the Special Session of the Legislaturenow in session on the subjectmatter contained in House SimpleResolution No. 140.We have carefully examined the Public Welfare Act and the Texas Unemployment CompensationAct. Nowhere in these Acts do we find any provision requiring recipients of Statewelfare 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 ;oyour third questionwill be dependent upon the amendments Congress enacts into law and we do not have any pending congressionalActs before us at the present time. We are thereforeunable to categoricallyanswer your third question.
SUMMARY

The Committee on Saving Taxes has the authority under the provisions of House Simple ResolutionNo. 140, First Called Session, 57th Legislature, to make recommendationstoHonorable George Preston,page 3. (WW-1247)

the Special Session of the Legislature now in session. There is no requirement in the PublicWelfairc Act or the Texas Unemployment CornliensationAct which requires recipients of Statewelfare 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.