March 17, 1971 Honorable Joe Resweber OpinicmNo. M-812 County Attorney Harris County Courthouse Re:, Authority ofHarris County to Houston, Texas 77002 make certain expenditures in providing facilities for disDear Mr.: Resweber: tribution offood 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 ofproviding facilities tohouse a distribution point for food stamps?

“2. Ifthe answer to the first question is inthe affirmative, can 

### Harris County contract with utility companies, and,expend county funds, for ~th,efurnishing ofpublic utilities for such facilities.?

“3. Ifthe answer to the first question is inthe affirmative, can Harris County contract, and expend county funds, for the purpose of remodeling such facilitie~s? ” InAttorney Generalrs Opinion M-382 (1969) itwas held,that the actual administration and operation ofthe Federal Food Stamp Program is the exclusive responsibility of the State Department of Public Welfare because ofthe specific provisions ofthe 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 inthe Federal Register. Furthermore, that Opinion specifically pointed out: “Article 695c, Section 7is ample authority for

the State Department ofPublic Welfare to act. Inaddition tothe last sentence ofSection 7, above, Article 695~~
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Section 39, appears specifically to provide for county funding ofprograms to be operated inthe county by the State. ‘I Itis our opinion that the contract involved inyour present request is authorized by the provisions ofSections 4, 7, 7a and 39 ofArticle 695c, Vernon’s Civil Statutes.

Inthis connection, itis noted that Section 39provides:

“No provision ofthis Act is intended to release the counties and municipalities inthis State from the specific responsibility which is currently borne by those counties and municipalities in support ofpublic 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 ofthe State Department, and if so administered, shall be devoted exclusively to the services inthe county or municipality making such appropriation. ‘! Inview ofthe foregoing we answer your questions inthe affirmative, and you are advised:

1. Harris County has the legal authority to enter into alease contract and expend county funds for the purpose ofproviding 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 ofArticle 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 ofPublic Welfare, and the counties are authorized to expend county funds for the purpose ofproviding 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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