April 2, 1953 

Hon. John H. 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 

individuals retained to escort runaway children being 

returned to their home comDear Sir: munities in other states. 

Y0.u have requested an opinion of this office 

concerning the legality of contracting to pay, from 

Federal funds allocated for this p'urpose, actual travel 

expenses of an independent contractor retained to escort 

runaway children being returned to their own communit?? 

in other states. In this connection you 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 looking after the child 

d,uring the investigation to make the trip 

rather than having a representative of the 

Welfare Department accompany the child to 

its home. 0 D It wo,uld be more practical 

for the Department to contract with an individual or an agency in advance, the contract 

stipulating that the individual or agency 

will ret,urn the child to the appropriate 

authorities in the other state for a stipulated amount. The department wo,uld not 

exercise any jurisdiction or control over 

such independent contractor as to the mode 

of trave!l or the, time of depart,ure." 

Under yo'ur statement of employment where the 

person employed by the Department to ret.urn a r'unaway 

child from Texas to his own community in another state, 
_ ..’ 

Hon. John H. Winters, page 2 (S-23) 

the contractor using his own means and methods to accomplish the purpose without being controlled'by the 

Department of Public Welfare and being responsible only 

for the result of the employment, such person wo,uld be 

an independent contractor. Smith Bras, Inc. v. O'Bryan, 

94 S.W.2d 145 (Com.App. 193qj Shannon v. Western In- 

~~~;?%~~~~~~~~'~k~~~~~v~~~~~~~~e~~~ Er'" 

. . 0 . . . 

In 1935 the Congress of the United States enacted the Social Security Act (42 U.S.C.A., Social Security, sec. 721, p* 577) and made an appropriation for 

"Child Welfare Services," and deposited part of s,uch 

fund in the Treasury of Texas in "Child Welfare Service 

Fund." One of the purposes for the,,use thereofbeing: 

II for paying the cost of return? 

ing any &naway child who 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 otherwise be met." (Title 

42, sec. 721, supra) 

It is provided in the Social Security Act, supra, 

that in administering the funds provided for child welfare 

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 obligatory upon the Board to use an employee of the 

Board in such service, and it may employ an independent 

contractor for such purpose. If an independent contractor 

is so employed, there being no limitation in the federal 

act, supra, the department is not bound by the general 

appropriation bill as to mileage and per diem. 

The eneral appropriation bill;, 52nd Legislature, Chapter & 99, Acts 52nd Legislature, 1951, pQ 1228, 

at page 1412, full paragraph at top of page provides: 

"Providing that in addition to the appropriation out of state funds for assistance 

payments and administrative expenses for the 

biennum, the State Department of Public We,lfare is authorized to accept from the Federal 

government any funds that may be a,llocated by 

said government to the State Department of 

Public Welfare for assistance and administra- 
. . . _ 

Hon. John H. Winters, page 3 (S-23) 

tion; and said department ,can use such 

Federal funds allocated for assistance payments and administrative expenses in addition to funds appropriated for those p'urposes out of State funds." 

We believe that the above quoted provision of 

the general appropriation act is an appropriation of 

funds allocated by the Federal government for child welfare services, and comprehends the fund.appropriated by 

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 appropriation specific within the meaning of 

the Constitution. National Bis,cuit Company v. State, 

134 Tex. 293, 135 S.W.2d 68 1940); Pickle v. Finley, 

91 Tex. 484, 44 S.W. 480 (l&h). 

Therefore, the funds granted by the Federal 

government for child welfare services and placed in the 

Treasury of Texas may be expended 

runaway child in Texas to his own 

State, together with 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 State Treasury in 

Child Welfare Service Fund may be expended 

for the return of a runaway child in Texas 

to his own community in another state together with an attendant when necessary. 

,If an independent contractor is employed 

by the departmentfor this purpose for a 

stipulated amo.unt, the independent contractor being responsible to the department 

only for the result of such undertaking, 

the expenditure would not be subject to the 
_ . . 

Hon. John H. 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 

John Ben Shepperd 

Attorney General 

BDD:am 

act. 

Yours very truly, 

JOHN BEN SHEPPERD 

Attorney General 

Bya 

B. Duncan Davis 

Assistant