# The Attorney General of Texas

December 29, 1978

JOHN L. HILL Attorney General

HonorableJohnJ. Kavanagh,M.D. Commissioner Texas Departmentof MentalHealth and MentalRetardation Box 12668,Capitol Station Austin, Texas 767ll opinion No. R-1318

Re: Whetherthe Departmentof Mental Healthand MentalRetardation may acmtfederal funds to purchase automobile insurance for foster grandparentswho are not employees of the department.

Dear Dr. Kavanagh:

You have requested our opinion as to whether the Department of Mental Health and Mental Retardation may expend federal grant funds for the purchase of liability insurance for foster grandparents. The department receives federal funds as a sponsor of the Foster Grandparent Program administeredby ACTION. As a prerequisite~to the receipt of those funds, the department is required to furnish various kinds of htsurance coverage to program volunteers, including automobile liability, personal liability, and accident insurance. The federal grant provides funds specifically for the sponsor’s use in purchashtg such insurance coverage. You indicate that programvolunteers are not employees of the department.

A rider to the 1977-79 General Appropriations Act authorizes the Department of Mental Health and Mental Retardation “to accept gifts, donations and Federal grants for the programs and projects intended to improve the care and treatment of patients or students” and appropriates such “gifts, donations end grants

. . . for the purposes for which they are made available. ” General AppropriationsAct; Acts 1977, 65th L-a art. 11,S2d, at 2699. af., ch. 672, Another rider to the Act requires that “ [ ll agencies receiving federal funds shall utilize those funds to the maximum extent possible to reduce expendituresof state funds appropriatedfor use. ” Article V, section 20,at 3155. Thus, an appropriation clearly exists by which the department could purchase liability insurance for its foster grandparent volunteers.

g. 5184HonorableJohnJ. Kavanagh,M.D. - Page 2 (H-1318)

Nevertheless. an annronriation. in order to be valid. must be sunnorted bv preexist’ 7 law. Tex. Co&: ari. 3, g44. (Tex. 1934; v 7iS.W.2d 242

Attorney General Opinions H-R72 (1978);H-944 (1977);H-679t197.5). Article 6252-l9a, V.T.C.S., authorixes various state egencies, includingthe Departmentof Mental Healthand MentalRetardation, to purchase automobile liability insurancefor the purpose of insuring“the& officers and employees. ” Since volunteers in the Foster Grandparent Programare not employees of the department, article 6252-l9a is not applicable to them. In our opinion, however, the statute indicates a legislative belief that specific authorization is necessary to enable a state agency to purchaseinsurance. See Attorney Ganer.al Opinion H-742 (1975). Until there is statutory authorizationregarding nonemployees, we do not believe that the department may expend funds **for** the purchase of irrsurance

for these volunteers.

SUMMARY

The Department of Mental Health and **Mental** Retardation is not now authorized to expend, funds for the purchase of liability insurance for volunteers in the Foster Grandparent Program.

APPROVBD:

OpinionCommittee

p. 5185