March 17, 1971 

Honorable Joe Resweber OpinicmNo. M-812 

County Attorney 

Harris County Courthouse Re:, Authority of Harris County to 

Houston, Texas 77002 make certain expenditures in 

providing facilities for disDear Mr.: Resweber: tribution of food stamps. 

Your request for an opinion asks the fo~llowing ques~tions: 

“1.~ Can ,Harris County enter into a: lease contract, 

and expend county funds, for the purpose of providing facilities to house a distribution point for food stamps? 

“2. If the answer to the first question is in the affirmative, can Harris County contract with utility companies, 

and ,expend county funds, for ~th,e furnishing of public utilities 

for such facilities.? 

“3. If the answer to the first question is in the affirmative, can Harris County contract, and expend county 

funds, for the purpose of remodeling such facilitie~s? ” 

In Attorney Generalrs Opinion M-382 (1969) it was held, that the 

actual administration and operation of the Federal Food Stamp Program 

is the exclusive responsibility of the State Department of Public Welfare 

because of the specific provisions of the Food Stamp Act of 1964. That 

Opinion specifically r,ecognised, however, that the contracE between 

Harris County and the State Department of Public Welfare therein considered complied with the Food Stamp Act of 1,964 and the regulations 

published in the Federal Register. Furthermore, that Opinion specifically 

pointed out: 

“Article 695c, Section 7 is ample authority for 

the State Department of Public Welfare to act. In addition to the last sentence of Section 7, above, Article 695~~ 

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Honorable Joe Resweber, page 2 (M-812) 

Section 39, appears specifically to provide for 

county funding of programs to be operated in the 

county by the State. ‘I 

It is our opinion that the contract involved in your present request 

is authorized by the provisions of Sections 4, 7, 7a and 39 of Article 695c, 

Vernon’s Civil Statutes. 

In this connection, it is noted that Section 39 provides: 

“No provision of this Act is intended to release the counties and municipalities in this State 

from the specific responsibility which is currently 

borne by those counties and municipalities in support of public welfare, child welfar,e, and relief 

services. Such funds which may hereafter be appropriated by the counties and municipalities for those 

services may be administered through the county or 

district offices of the State Department, and if so administered, shall be devoted exclusively to the services 

in the county or municipality making such appropriation. ‘! 

In view of the foregoing we answer your questions in the affirmative, 

and you are advised: 

1. Harris County has the legal authority to enter into a lease contract and expend county funds for the purpose of providing facilities to 

house a distribution point for food stamps. 

2. Harris County has the authority to contract with utility companies 

and expend county funds for furnishing public utilities for such facilities. 

3. Harris County is authorized to contract for and to expend county 

funds for the purpose of remodeling such facilities. 

SUMMARY 

Sections 4, 7, 7a and 39 of Article 695c, Vernon’s 

Civil Statutes, authorizes the State Department of Public 

Welfare to contract with counties for the purpose of carry- 

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Honorable Joe Resweber, page 3 (M-812) 

ing out the Food Stamp Program authorized and required 

to be administered by the State Department of Public 

Welfare, and the counties are authorized to expend county 

funds for the purpose of providing such facilities. 

Yours very truly, 

CRAWFORD C. MARTIN 

Attorney General of Texas 

NOLA WHITE 

First Assistant 

Prepared by John Reeves 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Jim Swearingen 

J.C. Davis 

Gordon Cass 

Jack Goodman 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

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