# The Attorney General ofTexas
June 20, 1978 JOHN L.HILL Attorney General
Honorable Michael D.Meredith Moore County Attorney P.0. Box634 Dumas, Texas Opinion No. H- 1189 Re: Authority of Moore County togrant revenue sharing funds to private day care center. Dear Mr. Meredith: You ask whether Moore County may use federal revenue sharing money to supplement the operating budget of a private nonprofit day care center. The county receives the funds under the State and Local Fiscal Assistance A&tof1972, 31U.S.C. SS1221- 1265. A1976amendment to the Act deleted the provision which required local governments to apply revenue sharing funds to certain priority expenditures. Pub. L. No.94-488, 90Stat. 2341. See also 31C.F.R. S51.41. Alocal government isstill required to spend these funds “in accordance with the laws and procedures applicable to the expenditure ofits own revenues.” 31U.S.C. S1243(a)(4). The commissioners court has only those powers that the Constitution and statutes have conferred upon it. Canales v.Laughlin, 214S.W.2d 451(Tex. 1948). Statutory authority exists for the provision of services to specific groups ofchildren. See, e.&, V.T.C.S. art. 2351,S11(provision for support of paupers); V.T.C.S. art. 5138 (county homes for dependent and delinquent children); V.T.C.S. art. 5547-203 (community mental health - mental retardation centers). See also V.T.C.S. art. 695a-4 (federally established day care program administered through Department of Public Welfare). Under appropriate circumstances, these statutes would authorize the county to provide day care for some children. See Attorney General Opinion H-423 (1974) (child care center operated under.T.C.S. art. 5547-203). Where a county is authorized to provide child care, it may contract with aprivate entity to perform this service. See Attorney General Opinion M-843 (1971) (cu;c;sct with private agency fzcare .and supervision of juvenile delin-

. See also Attorney General Opmion H-127 (1973) (use of revenue sharing funds to contract with corporation to establish recreation center for indigent aged).

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P. 4788Honorable Michael D.Meredith - Page 2 (H-1189)

However, we find no statute authorizing the commissioners court to provide day care for allchildren inthe county. ‘Prior opinions ofthis office have indicated that the county does not have general authority to provide day care at the discretion of the commissioners court. See Attorney General Opinions M-264 (1968); O-5386 (1943). The proposed transaction does not require the recipient to use the funds to provide day care only inthose instances where the county could provide it. It instead appears to be an unconditional grant to a private entity, which inour opinion constitutes adonation ofpublic funds to aprivate corporation, in violation of article 3, section 52 and article ll, section 3 of the Texas Constitution. See Attorney General Opinions H-520 (1975); M-661(1970); O-5386

- (1943). SUMMARY

While under certain circumstances a county may contract with private entities for day care services, acounty may not make an unconditional grant of revenue sharing funds to a private day care center serving children generally. The proposed expenditure would violate article 3, section 52and article 11,section 3ofthe Texas Constitution.

APPROVED: Attorney General ofTexas

DAVID M. KENDALL, First Assistant

C. ROBERT HEATH, Chairman Opinion Committee jsn

P. 4789