.,

\ OFFICE OF THE ATTORNEY GENERAL OF TEXAS

, AUSTIN GROVERSELLERS AlrORNEY

GENER.4‘

BOnOlbhle ~OhhB. wiilters, Executive Director State Department of Public Welfare Austin 3, Texas Dear Mr. Winters: OpinionNo. O'-6694

*We shall 'appreciate eration and 7 of t!ouse'

Government in tributionof blio Welfare theFederal on and 

### aisd and available for tment of Public Vele StateAgency to ferrals and certifioa8Administretlon, the ion, and the Civilian

0 these provisions, the Department are accepted responsibi3ity fop the genera3 supervisionof the direct distribution of Federal surplus comod$tiee. Under the Ink& end Certificationprogram, the eligible applicants were certified for surplus commodities. The oopies of the orders to individuals, reports of distribution,and al3 other necessary records were kept in the possession of the EepartEert of Public Welfzro. Although the ccployees working @n the distributionpro.qam were under a F.P.A. project Andy

were Federal empl@goes, the Pepartment had general supervision over the program.%. !

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ScnorbbleJohn k. Wii,ters-@age 2

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.’ The oommodifies,whioh were distributed,were Federal; and the records were consideredby the **Depar++metit as**  being Federal records. There are at the present time more than 600 files containing.these records stored in the County Depart**ment** of PublicWelfare offices and warehouses. 

### l we have received a l~etter from **the W.**  **6. Dfi**  partment of Agriculture, Food DistributionAdministration, informingus that the Washington office of **thk** Department of Agriculture has givenpermission for thewelfare agencies to dispose of any records in 00nneotionwith the direct distribution programrelating to operations prior to 1940. %%e Depa~rtment

of Agriculture further,&ivised **that** the recordsmaintained~oommencingwith IQ40 cannot be.disposea of without specialpermissionbut that oon&deration would be given to an+ request for the aestruotion of the records subsequent to 1940. *SenateBill 260,Acts of the 40th Legislaturer Regular Session, gives the **Department** of Public Wetfare permission to dispose of certain obsolete ret-,
~oraa. Reference is also made to your Opinion Numb@* O-3464 and O-5467 wherein you have interpreted Sen-" ate Bill 250. ~*,l. Sinoe~these records are of.no benefit to,the Department of Fublic Welfare **and** since the Federal' Governmenthas authorized the destruction of them, **map** the **Department** of Pub110 Welfare destroy..these obsoleterecords? s2. If y& answer **the** first question in the,affirmative~ then is the Department of Pub110 Welfare .obligatedto folloy the procedure outlined in SentiteI~~ill

260 oltea above in destroying **the records?**  .?'#3i It'&&ate Bill'250 is c&sidered inapplicable in this instance, **then** what yocedure shouldbe PoJ- .lowed. by the Department of Public jVelfarein destroying **thit reoords?**  

### 856

"4. If tde Department **Oannot** dispose of the iecords,may **the Department**  transfer **the** recoraks to **the C.**  **S. T?erartment**  of A&culture, F00a MStrib.uticn~

and Administration, for difiposal?' ,

1I 857

Honorhble **Jbhn ’** **lI. dnters**  **- page**  **3** 

# Vi

construeyour inquiries as embracing all obso3ete and usel~ess

record8 in your Department, **and** shallanswer them aooordingly.

1. Pour only authority for destroying obsolete records is found in Setiate Bill 250 of **the** Begular Session of the 48th Legislature (page 363). That Aot~embracesonly @Certainrecords, for the yea.rs

1932 to September 1, 1939*, and "all duplicate oldage assistanoe records accumulated for the yea.r1936 throughOctober, 1938.'

So that,under the faots statedby you, all obsolete and useless records coming wfthin Senate B11'1 No. 250 may be de- .stropea. While such records as you **may** deem to be obnolote'ana usele.ss

but not coming within that dot of authority to destroy ~marnot be destroyed, but shouldbe preserved. intaot. 2: .SinoeSenateBill z's0 preacri.besthe prooedure for destroying the obsolete reoords embraoed therein, it is your duty to follow that procedure in making suah~disposition.

3. What we have said in answer to questions 1 ana 2 ,s+ficiently ~knswers Noted.

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. 4. four questionNyo~.' 4 shouldbe answered in thenegative - that 1s to say, obsolete and useless records authoriGa by Senate Bill 260 to be destroyed shouldbe destroyed in v.oaordante. **with** thatBill,-as above stated, and as to those records rhioh'are thought to be obsolete **and** useless, but which do **not** fall within the compass of Senate Bil,l250, **may** not be transferred'to the 0. 6. Department of Agriculture, Food Produotion and Administration, for **that** would be doing by indirectionwhat we **have** said **may** not be **done at**  **all.**

Wetrust that what we-h&e said sufficientlyanswers pour"inquiries. Very truly pours

Assisiant