April 2, 1953

Hon. JohnH. Winters Executive Director State Department of Public Welfare Austin, Texas Opinion No. S-23

Re: Legality of contracting to pay, from Federal funds allocated for this purpos,e, actual travel expenses of individualsretained to escort runaway childrenbeing returned to their home comDear Sir: munities in other states.

Y0.u have requested an opinion of this office concerning the legality of contractingto pay, from Federal funds allocated for this p'urpose, actual travel expenses of an independentcontractorretained to escort runaway childrenbeing returned to their own communit?? in other states. In this connectionyou submit following facts: the "

"Occasionally,it may appear to be to the best interest of the child and more practical for the Department for a representative of a private agency or an individual who has been lookingafter the child d,uring

the investigationto make the trip rather than having a representativeof the Welfare Department accompany the child to its home. 0 D It wo,uld be more practical for the Department to contractwith an individual or an agency in advance, the contract stipulatingthat the individualor agency will ret,urnthe child to the appropriate authorities in the other state for a stipulated amount. The departmentwo,uld not exercise any jurisdictionor control over such independent contractoras to the mode of trave!l

or the,time of depart,ure."

Under yo'urstatement of employmentwhere the person employed by the Department to ret.urn a r'unaway child from Texas to his own community in another state,_ ..’

Hon. JohnH. Winters, page 2 (S-23)

the contractorusing his own means and methods to accomplish the purposewithout being controlled'bythe Department of Public Welfare and being responsible only for the result of the employment,such personwo,uld be
an independent contractor. SmithBras, Inc. v. O'Bryan, 94 S.W.2d 145 (Com.App.193qj Shannon v. Western In-

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In 1935 the Congress of the United States enacted the Social Security Act (42U.S.C.A., Social Security, sec. 721, p* 577) and made an appropriation for "ChildWelfare Services,"and depositedpart of s,uch fund in the Treasury of Texas in "ChildWelfare Service Fund." One of the purposes for the,,use thereofbeing:
II for paying the cost of return? ing any &naway childwho has not attained the age of sixteen to his own community in another state, in cases in which such return is in the interest of the child and the cost thereof cannot otherwisebe met." (Title 42, sec. 721, supra)

It is provided in the Social SecurityAct, supra, that in administeringthe funds provided for childwelfare the Board of Public Welfare should avail itself of voluntary agencies in returning a child in Texas to its own community in another state. In the general scope of the act it is not obligatoryupon the Board to use an employee of the Board in such service, and it may employ an independent contractor for such purpose. If an independentcontractor is so employed, there being no limitation in the federal act, supra, the department is not bound by the general appropriationbill as to mileage and per diem.

The eneral appropriationbill;,52nd Legislature, Chapter &99, Acts 52nd Legislature, 1951, pQ 1228, at page 1412, full paragraph at top of page provides:

"Providingthat in addition to the appropriation out of state funds for assistance payments and administrativeexpenses for the biennum, the State Department of Public We,lfare is authorized to accept from the Federal government any funds thatmay be a,llocated by said government to the State Department of PublicWelfare for assistance and administra-. .. _

Hon. JohnH. Winters, page 3 (S-23)

tion; and said department ,canuse such Federal funds allocated for assistancepayments and administrativeexpenses in addition to funds appropriatedfor those p'urposes out of State funds."

We believe that the above quoted provision of the general appropriationact is an appropriationof funds allocatedby the Federal government for child welfare services,and comprehends the fund.appropriatedby the,act of Congress,U.S.C,A,, Title 42, Sec. 721, p0 577, supra.

No particular form of words is required to render an appropriationspecificwithin the meaning of the Constitution. National Bis,cuit Company v. State, 134 Tex. 293, 135S.W.2d 68 1940); Pickle v. Finley, 91 Tex. 484, 44 S.W. 480 (l&h).

Therefore, the funds grantedby the Federal government for childwelfare services and placed in the Treasury of Texas may be expended runaway child in Texas to his own State, togetherwith an attendant of such appropriation. for the return of a community in another when necessary, out

SUMMARY
Funds granted by the Federal government and placed in the StateTreasury in Child Welfare Service Fund may be expended for the return of a runaway child in Texas to his own community in another state togetherwith an attendantwhen necessary. ,Ifan independent contractor is employed by the departmentfor this purpose for a stipulatedamo.unt, the independentcontractor being responsible to the department only for the result of such undertaking, the expenditurewould not be subject to the_ . .

Hon. JohnH. Winters, page 4 (S-23)

limitation contained in the riders of the current general appropriation

APPROVED:

J. C. ,Davis,Jr. County Affairs Division

C. K. Richards Reviewer

Robert S. Trotti First Assistant

JohnBen Shepperd Attorney General

BDD:am act.

Yours very truly,

JOHNBEN SHEPPERD Attorney General

Bya B. Duncan Davis

Assistant