October 18; 1965.. 

Honorab~s:~~~.rWlnters,. CommissionerStatet~p~ment:.of"Publlc Welfare 

Austin; T&as2 

Cplnlon No,.. C+2& 

Re:.Is.the State.,Depart&ent of 

Public Welfare‘authorized. 

,t0 se&up- a:Di%y.:Ckre 

Advlsory;C?immlttee~.-conaltitlhg 

of.r@presentative~~:of"'other~ 

State~.D&partiaents-~or:~Agerx9.es~ 

and'.reprieaent&tiires'-ofl other” 

profess~ona~'and'cl~lc grm~~ 

fo~~.~the~putpose~:of'~comply~~. 

tith.the?federdlzequ~rem6nt~ 

and.agreement:~wh%h I& tiii? 

basfa-fdr~t~~.,~partment:'cr' 

recelvine;lfederal.Ainds:for 

th~~Ceire::Program'l~~t~e 

.State;;o~~~~si.and~re2ated.. 

questMns?-. 

Yi%w~-recent' 1ett~errequestBaan opMlon-.op %he;above~ 

captioned:matters 'and.-from':~icK we-quote..:ln::part:' 

.- 

~~~~Advls~~~Carmnittee~~consls-~ng- of: 

re~esenti&lves.fi%m~~other+tate:~Agencl&3'- 

and:'re@esentatlves,-of?other~.prof~sslonal 

an&'-~f?lc groups:-lntei?ested.'lnrDhe- devlopment 

~~:~~~~~-Semrices-for~.Chlld~e~l~ the~state 

* 

!lii:pkepsrlng~.f6za-.meetlng 6f.~the:-Day.C&re 

AdViaory-Committee; wer::dlscussed'wl;th the 

Comptrollerls: Cfflce.th&method.of:payment 

of~the-per diem anal-the~travel-expenses'and 

wec.were,<.advised~'that.payment. coul&%ot'be 

-de;. !l!lie:~Departme~t ls:propos$ng:,to spay : 

the&@mt%ttee~ members~-pezyd,lem ,..~ a@:ts&vel 

expenses::.on the~same.-basis..asl-per.!.diem and 

t?aveLexpenses are.~provided:for:.State-~- 

.employees-,under-Part1V,'~Section :13?.of: 

H~use~~13ill.Noi.12....All of.the:funds'to be. 

-2495:- 
Hon. John Winters. Pa& 2 Cp$nion NO. C-!5~ 

_, 

used for this purpose are funds allocated 

& the United States Oovernment for the. 

puz$xes of carrying out the provisions of 

Title V, Part 3, Section 523(a) (1) (B) of 

the Federal: Social Security Act. 

"The Comptroller's Department stated that 

~paymentwould not be made on.+e basis that: 

"1. The Department did &have any. 

spealfgc.statutory authority to 

appoint a Day Care Advisory 

Committee or to pay the expenses 

of.memb&s of such Committee 

whPle attending official meetings; 

Andy 

: "2. "That employees of other State 

:-Agencies could not serve on such 

; Committee without possibly jeopard- 

.:-,.. 1,&zing their salaries with the 

ernploylng State Agency. 

%he..hpartment takes the view that It does 

.ha+e .the'statutory authority to appoint a 

.Bsy Care~.Advlsory Commlttee,and to pw %he 

pe=--dPem..and.travel expenses of the members 

of suchGmm&ttee while attendlng.o$Y&lal. 

yeetlngs. . . . 

:. .-:,.~- . . 

II, a . . . 

II. i .:. .Sin&e:the appolntment..of~fhe Advisory 

Commlttee~:ls &'&ondltlon~:precedent %o the 

-Departmen~*s'obf;ainine,.approvall~f~~b~e State 

-P&ah fop ChI3d .Welfare.Services, -the Department' feels :thiit:dt.%houldi .,and that It. can, 

legally.ljay these: Commtttee members.-:per~dlem 

.and travel expenses a&ally incurred in the 

c&rse of the performanae of their dutles~'as 

'-C~ttee.,m&&er~'s; : .. ::;‘. ::~ 'G _~ c+~.,~ .I i 

. -. ~.::.:I 

1, '. "' > 

"The .quesMon;has also,&~~~~Pa&& &&.thethe authorlty.of represen*atiives',of~ other 

~State'Departments .to sex?ve ae..members .of this 

Advisor-Gmanlttee. We.understsnd.:that.the 

basis.:.~o~.~~e%tloning their..author$.ty6 serve 

ls,~fhat.‘theg:-would be h6ldinP; two~:pos~tlons of 

..&96; ~.:.,:. ."~ <"Y ,i :I '. 
Hon. John Winters, Page 3, OQinion No.~ C-528 

honor and trust at the same time, and 

therefore., would be unable to receive' 

their salary from the employing State 

Agency . ~. . . 

I, 

. . -., The Federal Laws providing for 

the Advisory Committees require that the 

Advisory Committee include among Its 

menibers‘representatlves~of other State 

Agencies concerned with day care, or . 

services reIat.ed.thereto, as well as 

representatives of pfofessional or civic 

groups.~ !J!o ellmlnate people from other 

.agencles would mean that we would be 

deprived of the experience and knowledge 

of persons in close&y related fields 

suoh'as Education, Health, and Extension 

Service, which ls.badly needed in the 

development of good Day Care Programs 

In this State. 

.- 

I 

%ly Qurpoae of~the Committee as S~ipiikted 

in the Law and the. agreement with the 

United States Children% Bureau, ls.tto, 

interest as many different segments.of the 

pOQUtition as-QqSSihle with the view of 

:extendlng and strengthening the services : 

avall.able ln aommunltles. for the jpotectlon 

and.care of ~chlldren who,ere cared for away 

from their own homes. By working with 

AdVlsory Connnittees~ the DeQartqe+.ls 

better .able to serve the needs of children 

being cared .for In day care centers.' 

11 

. . . . 

vWe 'shall appreciate your opinion on the 

following questions: 

"1. Is the State &partment of Public 

Welfare authorized to set up a Day Care 

; Advisory Conimlttee consisting of representatlves of other State Departments' or 

Agencies and representatives of other - 

~qrofessio@. and clvlc'grouljs for the pur-; 

pose of complying-with the Federal requlrement'and‘agreementwhich Is .the 

basis for the~Department!s receiving 

Federal.funda for the Day Care Program 

in the'State of Texas? 

-2497- 
lion, John'Wlnters, Page 4 Oplnlon‘No.~ C.328~ 

"2. If you answer Question No. one (1) 

in the affirmative, then lz the State, 

Department of public Welfare authordzed 

""‘to pay for the per diem and:the.travel 

expenses of those members of the ..~ 

Commfttee who are not employees of 

other State Departments or Agencies 

out of Federal funds made'avallable to 

the Department fQr the extension of 

the Day Care Program? 

“3. If you answer Question No. one (.l)' 

in the affirmative, may employees c)S 

other State Departments serve on this 

Day Care Advisory Committee,without 

Jeoparqiizln& o$ losing their salaries 

from tihe other,State'Agency?~ ,:'., 

"4.. Is.the State Department of Public 

Welfare empowered to.set up~other types 

of'Advisor& ~Boards or.Commlttees ofPublic Welfare (unrelated,to Day .Care 

Advisory Committees) which are'essential 

to,the accomplishment of the other.. 

purposes.of the public Welfare Programs 

,. 1n.Texs.s in accordanckwlth the Department's.agreements with the.Federa$:. 

Government? .. 

I'$* Zf khe'kpai-<meit d6es.'.h.&ve'th~ : 

atithoi?ity to'.set up'&3sential Advisoti$‘ 

Boa?@ qr:Cq~ltte&s~.f6r aiiy purpose": 

it deem appropriate:~d'essenqial to 

lithe aceoinpl$shuierit of the' purpdses set. 

out in the Public ._ Welfare Act, .z+d.o$her 

relate&Stat& Stqtutps.such as those: 

ptividing:for.M~dical Asslst$nc&..un~erthe'Feder&l .Soclal Sectirlty Act,kloes 

the Department have the authorlty:to 

..pay the per diem and .travel.expelises 

solely.out ,of l?~derz+l. Funds,.vhen:,the 

State Departmetit.fin@ $t.necessary tb..~ 

request such members Tao attetid'ineetings : 

foti.the:purQo~se of.c+rglng ,out..the~. 

pro~lsi~n~ of tJiese,IAct$?!'. : : I~._. 

In answ&&g your first ~&&3tl&, 'it"& fi;ls.t necessiry 

to examine-'and :lntex$l?et.bi$h ,&be: j?ert$$ent. federal and state : 

statutes, together wlth.their po1icy:basi.s. .The Federal SOCKS 

Security Act prouidei,. i$,Tltle'V, Part 3.~(@ KS.C., SUbChaQt. 

3)~ fcir Chlld'Wqlf~k :S&vlces,@d: t$i6:~till,oc&t,ioti and appropria 

tlon of federal’guncjs~ to.the aii(rte,s .$'!$ch.,aQpiid~+ States PlanEi 

for, the.purppsq/ti,f ~rk+bllsh%tqj ;extet+ng; and strengthening 

i&98,- ", .' 

..'.~ I: 
~on;'John Wlnteig, Page 5 y.CplnlonNo. c-528 

such .servlces wlthln:the state,. In addition to various other 

provlslonq therefor In the state , a.speclflc provision Is made 

in the~fedepal statute for:th$ allocatlo? and appropriation to, 

the states for the express.purpose of providing 'Day Care 

ServIcesU. The law further makes It mandatory that the state, 

through.lts department administering the program, appoint a 

Day %are Advisory Ccmmlttee;' Title Vi Section 523 (a) (1) (B) 

provides In part as followsi 

"Sec. 523; (a) From .the sums apuroprlated therefor and 

the allotment tivallable under this part; the~S&cretary shall 

from time to time pay'to each State -- 

: 

"(1) that has a plan for child-welfare services which 

has been developed'as provided In this part and .whlch-- 

"(Aj . . . 

"(B) provides, w'lth respect to day care sirvlces 

(ticludlng the proiislon of such care) provided 

under the plan --.' 

"(I) for cooperative arr&ngements mtij the. 

St&te,health authority qnd the Stati agency 

prlmar&ly responsible fo5 State supervision i 

of public sbhools to assure msxlmum utilization 

.of such agencies In the provision of necessary : 

health tiervices and education for children 

receiving day care, 

."(ll). for an advisory conrmittee, to advise the 

State public-welfare agency.on the general 

policy Involved In the provision of day care 

services under the State plan, which ,shall 

Include among Its members representatives of 

other State agencies concerned.wlth day care 

or services related thereto and persons 

representative of professional or civic or 

other publlc.or nonproflE.prlvate agencies, 

organizations, or groups concerned with the 

provlsion'of day csre, (underscoring added 

for &nphasls) 

"'(III) . . . 

"(iv) for giving priority, In determining the 

existence. of need.for such day c&e, to 

members of low-income or other groups ln the 

populatlon.and to geographical areas which 

have the~greatest relative need for extension 

df such day care, and" 

12499- 
Hon. John Winters, Page 6 

Section 523 (a).(2)~ also In part.provldes: 

;, . . i. Provided, that In developing such.services 

~for chileen the facllltles~and experience of 

voluntary agencles.shall be utilized In accordance with child-care programs and arrangements 

In the. States and local communltles as may be -. 

authorized by the State." 

'have 

Rules and. regulations for the Implementation of this statute 

been subsequently promulgated by the Department of %Uth, 

Education, and Welfare, Social Security Administration. In this 

connection and in order for the particular state to partlclp&e 

In the federal allotment for Day Care Services, which Is but 

another. facet.of Chlld'Welfare Servlces,~.the. "Handbook For Child' 

Welfdre'Servlces"~ has been published, setting out the mandatory 

provisions for the State Plan. See Chapter III; Subitem G. 

~Oplnioh NO. .c+j@ 

The Tetis.Leglslature~.hix~made provlslon.for the State 

Departtient of Public Welfare's authority so -to,cooperate .x$th 

the federal government and to accept -&nd.e.xpend such funds In 

accordance with approved State Plans, as shoti by Section 4, 

subtiectlon (4) and (7) of Artlcle:695c,. V.C.S. of Texas, such 

Act belng:tltlbd "pllibllc Welfare Act df 1941," subsection (7) 

having been *.-d&ted and.tiegded,by Acts. 1963, 58th Leg.? p. 

70?, ch.-257, Sec,tl'.I, ~.eff&t$ve,Aprll 12, 196Ti 

~'~'P&tliie& siibse&&ns,<ln ps&'ar$:i&oted: 

"Sec. 4 .- The State D&a&ment &all be charged 

wlth the administration of-the .welfare.ac~lvltles 

.df the State,as'h&el~fti?r pp'oqlded. :.The State 

~psi$mentsball: 

) '"Qjl. F ,.... 1. : 'Y .: : 

'. 

"(~2) ..' i. '. ,. 

: .~ 

-W.(3) ~.. :’ g. 

,.;. 1 . . 

::. . 

.- 

“f(~)“:&&&& ‘&.th’%&~&&r& Sof$al Security 

Board, cre$jed 'iuider'Tltle 7:of the Social 

Security Act enacted by the Seventy-fourth 

Congress and approved Aught 14, ,1935; and 8"s 

amendmeniz. thereto, and $&th any other agency 

_ of .the,Fede&l. QovqMent ln.any reasonable. 

manner which' ma+ +e...pecessary -to qualify for 

..F+dera?l..Ald::, .:.l,:. 
Hon. John Winters, Page 7 'Opinion No. c-.528 

“(6) . ~. . 

“(7) Establish and Qrcivlde such method of 

local admlnlstratlon as Is deemed advisable, 

and provide such personnel as may be found 

necessary for carrying out.ln an economical 

way the administration of this Act. To 

serve ln an advisory capacity to such local 

administrative units as may be established, 

--. .for the accellshment -- of theyGooses of 

-~--- this Act not in conflict with or du licxlon 

of.other -- laws on this subject; 

added for emphaslr 

----(we 

Section 8 of Article 695c, Vernon's Texas.Clvll Statutes 

specifically designates the State Department of Public Welfare 

a%the State Agency to cobperate with the United States 

~lldren~s Bureau; and sets forth the m&ruier in which such - 

eoaperatlon may be accomplished:. t 

"Sec. ,8. tie State Department .ls hetieby designated as 

"the agency'to.cooperate with the Chlldren'iBureau of 

the United States Department of Labor In: 

"(1) Est+bllshlng, extending, and strengthenlngespecially In predominantly ruralareas, public 

welfare services for the protectlon'tid care of 

~.hdoneless, depende.nt, and neglected children In' 

danger 6f becoming delcnquent; and 

"(2) Developing State services for the encouragement 

and assistance of adequate methods of ckmunlty 

child welfare organization and paying part of the 

cost of district, county or ot,her local chlld.wel-, 

fare services In areas predominantly rural and In 

other areas of special need; ahd as may be determined by the rules and regulations of sald'state 

Department; and 

i 

“(3) DeveloQlna such plans as mav be.fotid' 

necessary to effectuate the services.contemrJlated 

-- in this SexIon, WC and to com~lg with the rules and 

reoulrements -- of the Children's Wlre'&.i.f -- the Used 

States DeQartmentof - Labor Issued and Qrescrlbed 

-2501- 
Hon. John Winters, Page ~8 opinion No- C-528 

&I conformlt~ with, and &virtue of the 

Federal Social Securs Act as ameaec 

l(corlng added for emphaslr 

The State &+piWtment of Pibllc Welfare IS ab30 designated 

as the State Licensing Agency for children's facilities, 

Including Day Care Centers, and Is authorized to set up 

standards and promulgate rules and regulations for the admMs, 

tration of the Licensing Program. See'Sectlon 8(a) of Article 

695c for specific reference. 

House Bill No. 12, Acts of the 59th Legislature, Regular 

Sessioni 1965 (the General Appiqrlatlons Act for the blennlum 

beginning September 1, 1965 and ending August 31, 19671, 

appropriates the Federal funds and stipulates the conditions 

under which suph funds may be expended. Reference Is made to 

Article V, Sections 27 and 28 of said General Appropriations 

Act which provide as follows. 

%ec. 27. FEDERAL FUNDS APPROPRIATED FOR USE. & funds 

received b the ag 

from the. IF-- 

encles:of tpc State named In this 

-- nlted States Government are hereby a rlated.~ 

to such agencps for the purooses s which te 

grsnt. alloca Ion, aia, orp aymentwase, sub-~. 

the provisionsof this Act. Wlthln%ilrty (3O)'d&k 

i .’ 

'_ 

,afteE the receipt of any such Federal &r&t& &.lo-&tlons, 

aid or payments,.the amounts thereof and the purposes.for 

which they were made .shallbe epqrted to the Qovernor 

and the Legislative Budget Board. 

fop, emphasis) 

(Underscorlng'added 

!%ec; .28. #EDERAL &Pl!RAti 4ND AC+-. :None .of 

$&Federal aap~rop 

-- 

Mated for use by the terms of. / 

-- this.Act x & exoe nded pursuant.60 a contract or. 

agreement wlth the Feder 'al Qovernment unless.-=& until 

.a appropriate State agency haS filed as.of such 

contract or BP: rea 

-- ;; 

recordinjwith thaew - of State for Provlded~, however, that copies of research 

contra&.classlflid In the. Interest of National SecurltY 

"' 

shall not be flled,..but In ,lleu thereof &..statx?iuent that' 

such &'c&tract has been made shall be filed.?... (Under- 

~scohg 'added fo+.empti&s) ,. ~' 

From y&r letter, you advise that'kver since the enktG 

ment of.Sen#e Blll~ No: 118, Acts of the 52nd LeglSlatUre9 

Regular Sessioq, ~lg51,,your Department has corii3lstently corn-- 

plied wlth'the. provisions of,thqt law @s wellas~the provlslon;s as:&ontalned 4.n..the tkneql, Appr6prlatldns.Act 

pertaining to~$he '$llj$g of federal-cotitbacts;: It further . i. 

$502; .: 
Hon. John.Wlnteersi Page. 9 Opinion No. c-528 

appears that The:.State Plan for Child Welfare Services which 

was developed by your~lkpartment was approved by the Department-of Realth, Education,'and Welfare, United States Children's 

Bureau, and all subsequent amendments.thereto have been filed 

in accordance with the above cited provisions of,the law. The 

curzent~officlal State Plan for Child Welfare Services, was 

filed In the,Office of the Secretary of the State of Texas op 

July13, 1965, which is, In essence, the contractual agreement 

between the State Department of Public Welfare an'd the Department of Realth,.Educatlon and Welfare,' United States Children's' 

Bureau Por.the operation of the Child Welfare Services Program 

in this state; It contains provisions In relation to Day Care 

Advisory Boards or Committees. The structure, need and 

functions of the Commlttee are evidenced in Item (bj of the 

Annual. Budget.Narratlve, effective July 1, 1965, B. pg. 8, 

"State Plan for Child Welfare Services," covering the federals 

fist+ yea.z.endlng June 30, 1966, from which we quote: 

"(b) A Day:Care Advisory Committee t&~r;t;~eDe~etment 

of Publlc.Welfare has been formed. 

used.for~ consultation and advice In various ways during 

the year. The members are considered. arepresentative 

group from the point~.of view of geography and individuals 

concerned~.with day care. The State Departments of Realth 

anff Education are represented. These- is a high concerii ; 

tratlon of perions with background~trainlng In presch,ool 

educati,?n. "

"The Day .&re Advlsky CommIttee meets on a,quarterly 

basisin the offices of the.Department of Public 

Welfare, Austin, Texas. The major focus of.the 

commlttee -1s to evolve guides regardlng.w'ays In which 

the Department of Public Welfare~cari better utilize 

existing day cw services and encourage development 

of other public and private day care services where 

gaps exist. Some of the.lssues to be studied are: 

“(1) 

“(2) 

"(3) 

Current observations and .attitudes about 

day car&as seen by Commltkee members. 

Present status of the Department's 

role In the extension and strengthening 

of day care services. 

Relationship and use of existing voluntary 

non:proflt day care services and commercial 

day care facilities. 

,-2503- 
Hon. John Winters, Page 10 Opinion NO. C-528 

“(4) What are the gaps In day care services. 

If any, and if there are.gaps, what are 

the solutions? 

“(5) zkg;sof,khe non-profit day care 

. 

: 

"(6) Extension of~training resources on a 

.State-wide basis for day care personne!.." 

Provision is made in the State Plan for meetings of the Day 

Care Advisory CommIttee on a quarterly basis In the office 

of the Department of Public Welfare In Austin, and for 

participation of representatives of the AdvlsOry Committee 

In other meetings, some of which could be held in Washington, 

D.C. upon call by the United States Children's Bureau. It 

would seem that as a practical matter, meetings at.least on 

a quarterly basis are'essential If the Committee Is to function 

on an effective basis, and members must also be permitted to 

participate In meetings on a national level lf~ Indicated. 

Item 7, Subitem (7) appearing on Bi ,Psge 11 &f+& State' Plan 

definitely commits the.Department to pay such expenses and 

'provides as follows: 

"(?) Advisory CommIttees 2 Fe’deral '&da till be used 

to pay the expenses of the Day Care Advisory CommIttee' 

.to.the State Department of Public Welfare to attend _ 

quarterly meetings .for the p oses of carrying lout 

the functions w.stated'ln.5(b "p above. Delegates 

from the~Day Care Advisory Committee may also be sent 

to state-and/or national day care meetings to gain 

l&wledge in behalf-..of the Department of Public 

Welfee~for the extension -and strengkhenlng of day 

care services.; ,Xt~e~expenses may Include travel, per 

diem and/or registration. fees." 

We observe that this statute was enacted for the protection of chlldren:and for the public welfare and as such 

should be given a liberal construction, since in rts observances 

the public 1s held,to.have.sn Interest.'. Small v. State, 360 

S.W.2d ~443...(Tex.Civ.App., 1962, error .ref.).. Such general 

statutes must be accorded a liberal construction and given the 

most comprehensive application of which It Is susceptible to 

'effectuate -the-legislative object or public purpose and to 

promote t@publl$ interest andywelfare, 53 Tex.Jur.2d 298, 

Sec. 194; Sec. 203, p. 309, Statutes; .Friedman v. American 

..:T2504- 
Hon. John Winters., Rage 11 Opinion.No. C-528 

Suret?i Co. of New York,.137 Tex. 138, 151 S.W.2d 570 (1941), 

holding that unemnlosment and nublic welfare laws are legltlmate p&+oses within-the powers of the administration ofgovernment. Under this construction, not only all powers and 

authority expressly granted will be upheld, but ally those 

which may bereasonably inferred or implied are to be read 

into such a statute. 

We are unable to find any law which prohibits the state 

Department of public Welfare from appointing an Advlsorylloard 

or Committee of Public Welfare, such as a Day Care Advisory 

CommIttee, nor'any law which Is in conflict with Section 4 of, 

Article 695c, which expressly authorizes the establishment of 

Advisory Boards of Public Welfare. Construing the statute so . . 

asto give it the broadest or most comprehensive application 

'of which it is susceptible, as we must, we hold that it was 

unnecessary for the statute to enumerate specifically the 

various types of committees which are authorized to be 

appointed.. The statute Is sufficiently comprehensive, and 

the legislative intent therein sufficiently clear, to imply 

the power and authority for the appointment of the required 

Advisory CommIttees or Boards for any phase of such public 

welfare, the responsibility of which is placed In the Department of PublSc Welfare, as covered and set out in the statutes. 

The.general wording in the statute, construed ae a whole, 

empowers the Commlssloner to aPpolnt such advisory boards or 

committees for such purposes as are reasonably appropriate and 

essential for the accomplishment of,the purposes of the Welfare 

Act In the absence of any other conflicting laws on the.subject. 

For ln broad general terms The Public Welfare Act authorlies 

the Department to performany and al1 acts not Inconsistent 

rrith the law for the'purpose of carrying out the provisions. 

.of the state and federal laws authorizing the Public Welfare. 

*wpama in Texas. 

We are unable'to find anything In the Texas Constitution 

; which would prohibit such a construction of the Act aswemake 

herein; Section 51, Article III of the Texas Constitution, 

.. Prohlbltlng the Legislature from making any grant, or authorising the same,.of, public moneys to any Individual, aseoclation of ~lndlvlduals, .munlcipal. or other corporations, Is not' 

given a strict application but Is held to be Inapplicable 

where a public purpose for the expendltures.ls present. State 

x. m Cl 160 vex. 348~331 S.W.2d (1960); Brown 

y* Calveston, 97,Tex. 1,'.75 S.W.2d 488 (i903 

%a 37.s.W.2d 291, afflrmed~, 123 Tex. 39, 6 

Blal;asvW F 

lo33 (1931); Allydon Realty Corp. v. Holyoke HouslnR Authorits 

23 N.R.2d 665 (x&ss.SuP.Ct. 1939); Attorney General Opinions 

C-342 (1964) and c-464, and authorities therein cited. 

-2505- 
Hon. John Winters, Page 12 Opinion NO. C-528 .' 

Your first and ,fourth questions are therefore answered 

"Yes". 

Your second Inquiry Is also answered in the affirmative. 

Your Department is authorized to pay per diem and travel 

expenses of the Committee members out of federal funds made 

az;vaAle to the Department for the extension of the Day Car, 

As previously obsemred, the appointment of the 

Advisor; Committee Is mandatory under the statute, and under 

Sect. V, Section 27 of the General !Ipproprlations Act (House 

Bill No. 12, Acts, 59th'Leglslature, Reg. Session.1965). the 

funds received from the federal government were expressly 

appropriated to the various Departments for their use and for. 

the purposes for which the, federal grant was made to the 

state. It is well-settled that the statute must be COnStrued 

as a whole and with reference to the other statutes both state 

and federal, and general system of legislation of which It 

forms a part, giving full recognition to the legislative 

.intent. -53 Tex.Jur.2d 180, Statutes,~ Sec. 125. Construing 

the statute In such light and-giving it the required liberal 

Interpretation, we conclude.that the' authority to pay 

reasonable and necessary per diem and travel expenses of the 

cattee members must be held to have been conferred as a 

reasoriable and necessary incident to',committee service. It 

would bi an unreasonable and unduly technical and harsh., i construction to expect cltlcens~from various parts of the 

- : state to expend their own monies for such out of pocket 

expenses. Being wlthln the-general-authorized purposes, the 

-statute was not required to-specifically &nunerate these 

'particular purposes In order to authorize the same. .lhe.~ 

general purposes are broad and comprehensive enough-to 

atithorlze theses necessarily lmplled:and Incidental expenses, 

which are dlstlngulshable in law from salary or compensation, 

as Is herelnafter noted. 

Your third question asking whether employees of other 

state departments may serve on'the Day Care Advisory CommIttee 

without jeopardlzlng.or loslng.thelr salaries 'from the .other 

state agency la llkewlse answered ttyescr.: It Is: important to 

observe first that the membership on-the Advisory Committee is, 

'not made an offfce or position of proflt~ or~en!olument,under 

the state or federal government.. It.provldesfor.no salarJr or 

compensatlonj which ls:.to be.dlstlngulshed from out-of-pocket 

;travel;: sixbsistence,.and other such per diem expenses/the 

'payment.of whlch:may be properly authorlzed,by law to state 

.&nploye& without violating any constitutional provisions; 

In&m&h as ;compensatlon is heid to.mean ~sal,ary. Terrell'v. 

-~. "Kingt::118.Teirci~ 52371’ 241; i4 s.W.2d .F; 791 .(192g); State v. : 

-2iO6- 
Ron. John Winters, Page 13 Opinion NoJo. c-528 

Aronson 314 P.2d 849, 85 (Sup. Ct. Mont. 19%); Kirkwood v. 

Soto, Cal. 394, 25 P. 288 (1891); McCoy v. Randlln. 35 S.D. 

ml53 N.W. $1 (1915); Milwaukee Co. v. Halsey,g14~l~l~~a~, 

1% N.W. 139 (1912); Treu v. Klrkwood, 255 P.2d 40 

sup.ct. 1953). It would not be an "office of profli or trust;' 

under -_--- the Constitution. as in Sect. 12 of Art. 16, or "civil 

office of emolument" under Sect. 40,,of Art. 16, or "office or 

~~ltlon of honor, trust, or profit under Section 33 of Art. 

. 

We also hold that the place of membership on the Advisory 

Board or Committee would not rise to the dignity of "any other 

office or position of honor, trust . . . under this S~tate or 

the United States. ; ." within the constitutional meaning of 

such terms In Section 33 of Article 16, Texas Constitution, 

which states In part: 

i 

"The Accounting Officers of this'state 

shall neither draw nor pay a warrsnt 

upon the Treasury in favor of any 

person, for salary ~or~compensatlon as 

agent, officer, or appointee, who 

holds a?t.the,sametlme any other office 

or position of honor, trust or profit, 

under this State or the United States, 

extG@t as prescribed in this 

Constitution. . . ." (emphasis added) 

This Se&ion was notincluded 5.n the Constitution of 1876 

as a safeguard against a recurrence of the evils and abuses of 

the 'carpetbag" era, since It made Its first appearance In the 

Constitution of 1869, a constitution drafted by Reconstruction' 

Republicans, and its policy reasons are at best conjectural. 

See Vol. 43, Tex.Law.Revlew, p. 951; Tex.Const. Art. XII, Sec. 

42 (1869). 

The only policy basis for the section has been stated to 

::.~. be that of lnaurlng full value for state services rendered In 

the payment of'salary or compensation out of state monies. 

Thus the safeguard was aimed at preventing a person from hold- 

.lng at the same time two state offices or positions; or a 

state and federal office 'or position, the effect of which 

Would cause that person to divide his time and fidelity, 'to 

the detriment of his state service. See Attorney General 

@Inion No. 0-2607 (1940); ,Vol. 43, Texas Law Review, p. 952. 

In construing the'meanlng of the Constltutioh and statutes,' 

a court will never adopt a construction that will make them 

absurd or ridlculous.or one that will lead to absurd conclusions or consequences if the language of the,enactment IS 

-2507- 
Hon. John Winters, Page 14 "opinion NO. C-528 

susceptible of any other meaning. 53 Tex.Jur.2d 241, 243, 

Statutes; Sec. 165. 

Furthermore, wherever.posslble, that construction shall 

be adopted which shall promote the public. Interest In accord 

with sound economic or governmentalpolicy. 

72 Tex. 242, .ll S.W. 1029 (1888). 

State v. DeCress 

Generally; In arriving at the meaning of the Constltutlon; 

we find It should not be given a "narrow or technical con&-u+ 

tion" but It Is to be given a "liberal meaning In order to 

effectuate the purpose of the provision of which It IS a part" 

and 'words will be considered to have been use.d In their 

natural-sense and ordinary signification, unless the context 

:lndlcates the contrary." 12 Tex.Jur.2d 362-363, Constitutional 

Law, Sec. 14; Sec. 16, p. 364, and cases therecited. 

The words in the phrase "Office or position of honor, 

trust, nor profit" are each words.havlng a meaning ascertainable‘ 

by reference to the other words with which they.are associated 

under the maxim, noscitur a soclls. 53 Tex.Jur.26 221, Statuted 

Sec. 154. 

Thus, unless it is an office or posltlon'of honor or trust 

within ttie sense intended or meant, by the Constitution, a 'Stats 

i employee may serve in such a capacity and still draw his salary 

from the Comptroller. 

The words ?offlce or position of.honor or trust" as used 

in Section 33 of the Constitution should be held to have been 

used analogously;.snd as'havlng the sqne chsracterlstlcs and 

general though not i'dentitiaj. meanlng;,when given a.practiCal, 

natural, -ordinary, and reasonable construction. Webster's 

Third New International Dictionary 'p. 1769; Black's Law 

Dictionary, .&th Rd., 

nPosltlon;" 

p. 1234, 33 Words & Phrases, p. 5%. 

and cases there annotated. The authorities hold 

that a vposition'! is analogous. to an "office" In that the 

duties that pertaln.to it are permanent and certain. The same 

essentials, attributes, and characteristics arepresent lnsof~ 

asthe duties ares governmental: Frajler v. Rlmore, 180 (petit232;'173 Siw:2d 563, 565;. Fredericks v. Doard of'Health of 

Town of West Hoboken, 82 A.528, 529, '82 N.J.L. 200; Rlsle v. 

Board of.Clvj.1 Servlce~ Cori@'s. of Cl htyvof~~dAr$e~+ 

2d 167, 16% 60 Cal.App.2d 32;.Elurr, P 

Freeholder8 of Bergen County;Sup., '163-A. 555, 556, 110 N.J.L*i 

9. 

An'"bfflce~'~means "place" or "position" and they have 

.been held',to be~substsnt%.ally analogous and Interchangeable _~ . ., 

-2508- 
Hon. John Winters, Page 15 opinion No.~ C-528 

as understood in law. 

"Office 

29 Words'& Phrases, p. 270, under 

-- Place or position"; and 1965 Pocket Part pp. 97- 

98 and cases there annotated. 

As stated in 22 R.C.L. 383. Sec. 1.6, Public Officers, 

"Constitutions and laws sometimes 

contain provisions applying to offices of 

trust or honor and offices or places of 

trust or profit. The line between 'offices' 

and 'places of trust or profit' within the 

meaning of such provisions has not been 

clearly marked, and they may be considered 

as approach@g each other so closely that 

they are In all essential featqres identical. 

A place of trust or profit is not, however, 

Identical .wlth an office, yet it occupies 

the same general level in dignity and 

importance. . . .' 

We have, therefore,~heretofore correctly held on this 

subject in Opinion No. O-5341, dated July 19, 1943, that there 

- fs no mz$terial; legal dl~t~nctlon In meaning between the term 

offic0 and po$ltion, and that,as used.in our Constitution, 

,z such-"posltion' or "office" means that the holder thereof must 

exerclse~ some governmental function, or be the de@osltory of 

some sove~lgnty of the sta$e.'or t:e United States before It 

l%%esto .the dignity of an office under the state.,or United 

Ther& must be delegated to the person holding Such 

"OffI&" some of the sovereign functlotis of the state -or the 

Utited States Government. 

We held'ln the Opinion as follows: 

"There are several persuasive, though not 

conclusive, characteristics, oft ~&hat 

constitutes a public office; or to express 

It In another way, what constitutes holdlng an 'office under the U&ted States.' 

Wee mention B few: Tenti and duration, 

oath of office, official bond, etc. But 

one indispensable characterlstlc, as the 

cases hereafter noted affirm, is that the 

duties performed shall Involve the 

exercise of sovereign power, whether 

great or small. Our ownsupreme Court, in 

a comparatively early case,-Kimbrmh v. 

Brnett, ,93 Texas 301, 55 S.W. 120, quoted 

wi~vio~pi?oval Mechem on Public Officers as 

: 

-2509- 
Ron. John Winters, Page 16 Cplnlon No. C-528 

"'A public offlce Is the right, authority, 

and.duty created and conferred by law, by 

which, for a.given period, either fixed 

by law or enduring,at the pleasure of the 

creating power, an Individual 1s Invested 

with some portion of the sovereign 

functions of the government, to be 

exercised by him for the benefit of the 

public."' 

., 

In the above Cplnlon.No. O-5341, and from the authorities 

we found that "office" had a definlte,legal meaning In the 

sense employed In the Constitution: 

"'The term "office" implies a delegation of 

a portion of the soverelgn power to, and 

possession of, It by the person filling the 

office; a public office being an agency for 

the state, and the person whose .duty it la 

.to perform the agency being a public officer. 

The term embraces the.ldea of tenure, 

durzitlon, emolument and duties, and .has 

.respect to a permanent publlc,trus$ to be 

exercised ln'behalf of government, and not 

'to a rqerely transient, occaslonal gr. 

incidental employlnent. A person --'the ', 

~ervl~ of the government who -derives hls~ 

posljzlon froma du&y and legally authorized 

election or appointment, whose duties '&re .. 

continuous In their-nature and. defined by .~ 

rules prescribed by government, and not by : 

contract, consisting of the exercise of I 

important public powers, trusts, or duties, 

-as a part of the regular admi,nls~tratlon of 

government, she place and the duties: 

remalnlng, though the Incumbent dles.or 

1s. changed, every office In the c~nstltutlonal 

ieanlng of.the tern! implying an author19 

to exercise some portion of the sovereign 

power,.elther ln~.maklngi exeautlng Or 

administering the laws. M&hem on.Publlc 

Officers,: 0.179. " 

The recerit~case of Wlllls,v.~~otts, 37f~sYW.2d 622 (19641, 

by the Supreme C&t.of ~Texas~.construing Art.:3, Sect. 19, ad 

Art. 11. Sect: 5 Of the Constitution, held that a City Councilman'of ihe C&y-of .fi.z,-Wo&h,held an~'Iofflce~under th& State.' 

Utlliz,ing the reasoning of the earlier de~isl&is, the Court's 

declslon.is~ln~harmony~wi~th~'our~~lnlon and .not In conflict 

with it or the distinction sought to be made. ..~ 

72510- 
Hon.. John Winters, Psge 17 Opinion No. C-528 

Those authorities so coiistrulng the meat&g of."offlce" 

or "position" as comprehending contlriuous performance oft defined 

permsnent public duties, compensation, tenure,. exercise of 

SOverelgnty, and other essential requisites are In accord snd 

are thoroughly discussed and briefed In our Opinion O-5341. 

See Witkowskl v. Burke; 65 A.2d 781 

150 Ksn. 630, 95 P.2d 281, 284 (1939 f 

1949); Sowersv. Wells, 

; .Abbott v. McNutt, 218 

cdl. 225, 22 P.2d 510 (Zg33), 89 A.L.R. 1109; Howard v..Saylor, 

305 Ky. 504, 204 S.W;2d 815 (1947); United States v. David 

Mouat, 124~U.S. 303, 307, 31 L.E& 4b3 1888 ; People ex rel 

Attorn_er 14 P. 853 1887 ; rr.n me ~oe's 

In Re. Wheeler. Mallory, as Public Adm'r. v. Wheeler, 

S.E.2d 757 (1940); < 

130 N-i. 97 (1912); Patten 8 

wherein the Supreme Court of Georgia approved of a,state 

employee (member of the Highway Board) holding at the same tlmeB position as a niember of the Advisory Committee of the Atlanta 

'Agency of the ReConstructlop-Finance Corporation, the Court 

holding that his-office (lls not an office of profit or trust 

under the Government of the United States"; HartIRan v. Board 

of Renents of West Virginia University, 38 S.E. 698 ('1901); 

Hirschfeld.Commonwealth ex rel Attorney General, 76 S.W.2d 

.%7 (w:1934);- State ex rel v. Hawkins, 257 P. 411.( 1927), 53 

A.L.R. 583' and Ki~ston.Assoclatea~v. La Guardia, 281 N.P. 

Supp. 390 2X935), wherein It was held that members of the 

A~QE% Committee on Allotments, tcreated:by the President of 

., were not holding an office of honor, trust, or 

emolument under the-government of.the United States."' The 

.$urt said: 

"'C'learl?; the members of.the Advisory 

Committee on Allotments possess none of 

the powers of the sovereign; They perform no independent governmental function. 

Such functlon.3.n general is either 

legislative, judlcla& or executive. It 

Is too plain to require discussion that' 

the Advisory Committee exercises no 

legislative or judicial prerog&lves. It 

appears to be fairly evident that It IS&ewise possesses.no powers of the executive. 

The CommIttee thus lacks the most. 

&o&&t cha@acteris$ic or attribute 

associated w%th the Idea of publlc~ office, 

namely, the right to exercisti SOme part 

of the power of the sovereign.'" 

Opinion O-5341, of July 19, 1943, that 8~ Mstrlct Attorney 

could receive his salary and also serve as Chairman of the 

Local. Chapter of The American National Red Cross, a Corporation 

-251!- 
Hon. John Winters, Page 18 Opinion No. c-528. i 

chartered by Congress, because the latter was not an office or 

position under,the United States, Is consistent with our 

earlier Cplnlon No. O-5314, of July 2, 1943, holding that a 

state or county official could not be excluded from drawing 

his salary while serving as a member of an advisory bosrd for 

registrants, the latter not being a position of honor, trust 

or profit under this State or the United States ,wlthin the 

contemplation of our Texas Constitution. i' 

Our still earlier Opinion No. O-4458, of April 8, 1942, 

holding that a state employee could serve without loss of 

salsry as a member of a~County Tire Rationing Board for'the 

same legalreasons Is llkewlse consistent with the above 

Opinions. 

Our earlier and thoroughly considered Opinion No. O-4313, 

of Jan. 24, 1942, written by gollie C. Steakley, now a member 

of the Texas Supreme Court, Is likewise consistent with the 

above opinions ln.holdl 

"B 

that a.8tat.e employee.(member of 

State Board of Education could still draw his salary .aud 

serve on an Allen Enemy Hearing Board, created by the federal 

government through the U. S. Attorney-General, paying only. 

nominal compensation but requiring the member to take an.oath; 

The Bomd appointmentwas temporary, 'for sn lndeflnlte term, 

with only occaslonal meetings and sporadic activities. It 

was merely a fact finding and advisory admlniatrative 

Instrumentality, which could neither make norenforce deciel&& 

.We expressly held that membership upon such a Doard, which _ 

would be presumably identical to an Advisory Doard or Caamrittee; 

did.not constitute the holding or exercising of.an offlae of 

trust, honor, or pro~flt under'the'unlted States. Wethere held 

that~ "it does not constitute a 'posltlon',as'thaterm was 

Intended by the Frsmers of the Constitution." 

The precise question has still never been determined by 

a Texas court but other'jurledlctions are In general accord 

with our clted.hol.dings. 

In McIntosh v:Ifutchlnson, 59 P.2d 1117.(1936), the 

Supreme Court of Washington held thata State Senator. could 

still draw his salary and serve as a~"Dlstrlct Supervisor" 

of the Federal Works Progress Administration, which was not 

deemed to be the acceptance of a "civil office," cltlng 

.Bexney v. Hawkins, 79 Wont. 506, 251 P. 411 (lg27), 53 A.L.R, 

583, as to the meaning of the term 'office," to;wlit: 

"After. an exhaustive examinationof the 

authorlties,..we hold that five elements 

are~lndispensable.ln.any position of 

public employment, In order to make it 

-i512-~ 
lion; John Winters;'.Page 19 .. ..,OpinionWo. C-528 

a publYC office of a'clvil nature: '(1) 

It'must'be created by the Constltutlon 

or~by the Legislature or created by a '. 

municipality or other body through 

authority conferred by the Legislature; 

(2) it must possess a delegation of a. 

portion of the kovereign power of 

goverrqent, to be exercised for the 

benefit of'the public; (3) thepowers 

conferre'd, snd the duties to'be discharged, 

must be defined, directly or lmplledly, 

by the legislature or through leg&slative 

authority; (4) the duties must be performed Independentlyand without control 

of a'superlor power, other than the law, 

unle&,they be those of an Inferior or 

.subordlnate office, created or authorized 

by the Leglsiature,.and by It placed 

under the general control of a superior 

officer 'or'body; (5,) hit nqxst have'some 

permanency and continuity, and not'be 

only temporary or, occasional. In addition, 

: in this state an 'officer must take and 

. . ' ,file'an offtclal oath; hold a commls~slon 

or other wrktten authority, 'and give' an? .. 

official bond, if.the latter be required - 

-by proper authority." - 

The Court concluded that the Senator was not appointed 

.to an office since "the-g$eat weight of authority well supports 

the.necesslty of meetingall of the .cqndltions laid .down by the 

Montana Courtand. . . it $8 not made to appear that these 

conditions; 'or any of them;have been here met . . .". 

'In accord and Involving similar questions and constltutlonal prohibitions sre State v. Corley,. 172 Ai 415, (Dsl. 1934); 

'Curtin v. State, 214 P. 1030 (Cal. 1923); Mulnlx v. Elliott, 

156 P., 216 (Colo. .x916); State v. Jo- 78 So. 66 3 (~a. 1918); 

McCoy v. Roard of Suoervisors, 114 P.2d 569 (1941), .cit 

Carpenter 135 Tex.'413, 145 S.W.2d 562 (1940 , 

for the.necessity of taking a liberal vlew.~toward the'.encouragem&t of such ena&ments t&t.their protective purposes~ "may be 

fulfilled without undue.lmposltion of'constltutlonal 1Smitations 

or hlnderance through narrow judicial construction." 

In Parker v. Riley, 113 P.2d 873, 875-876; 18 Cal.26 83 

(1941), 134 A.L.R.'1405, the California Supreme Courtupheld a 

statute providing for ,the creation of the California Comm$ssion 

on Interstate Cooperation and providing for members of the 

legislature to serve thereon. Although the Constitution' 

-25X3- 
Hon. John Winters, Page x) Cpinl&No. C-528 :. 

expressly prohibited the '&embers from accepting "any Office, 

trust, oti employment under this state," the Court held that 

the constltutlonal,mesnlng of- “office” or.“trust” ‘wawnot 

applicable thereto as follows: 

'*It may be noted, however, that the 

pds~flons created by the +tute here 

attacked lack certalri elements usually 

associated with an "office or "trust . 

Thus, It Is generally said that an office 

or trnat requires the vestlng.ln -an' 

individual of a,portlon of the sovereign 

powers of the state. (Citation of 

authorities) The positions here created 

do.not measure up td so high a standard. 

They involve merely the interchange of. 

infopnatlon, the assembling of data, and 

the formulatlon.of proposals to be placed 

before the Legislature. Such tasks, do 

not require the exercise of a tart of the 

.' . sovereign power of the stat&.' 

The Riley case doctrine was recently recognized and reaff&ued by the Supreme Court of Califormia~ ln State v. Aronson 314 P.2d.849, 856-857 (1957).. li.aCcord, see also 

'&es le v. Barrett 15 N.E.2d 513 (Ill. 1938); Johnson v. 

T)(Ga. 1919); and-ReadlnR hll, .52 

P.2d 155 Adz. 1935 , for the. proposition-t& certain 

:eesential elements are required to constitute sn Icofflce" 

oi?"'posltlon" as used in such constitutional sense and:the 

~ineaning,of these terms as so used do not precltie the 'acceptance of such duties and serVlce involving honor &nd%rus$ and 

fran which sny citizen could n&escap& without evad$ng bl8 

civic or patriotic duty to aid his government or coun!rY in’ 

.tlmes of ten@orsry emergencies. 

The terms "office" or '$osltlon" the&fore' neces&irllY 

implies, smongother eiements, compensation,' stability, 

dui-ation, perman ency, continuity, taking oath and giving bo&t 

and the~msklng and administering of governmental decls-ions‘ 

independently and wlthout Control of a super&or powerti etc..-- 

.. The &@&M-Sal absence.of these essentiali appertaining to ., membership on a Day Cai-e AdvlsorJr.Ccmmitte& frees a state 

emplcrgee .fiom any constitutional inhibition to.such service' 

while continuing to draw his &ate ssla??yi 

In a&wer to goW fifth questlon,'that is; 'doss iout? 

Department have the authorlty.to pay the per diem and $r&vell 

expense8 solely out of federal funds Upon a finding of-. 

.necesslty that such camnlttee members attend the meetings ~. 

-25 14- 
for the nwtxe of .csrrjklng out the pr&r,iri~lons of the Acts, 

_ ws hiiye conc$ded fm*‘l$ m&y be answered in'the afflrma- ' 

t1v.e. Under the gerieral st+$ut~ry.scheme, and plan of 

operation, ws holds that under the' federal and~ktate laws he‘&- 

inabt&e disouased, the power Is Inherent ln‘the'Dspartme@t,of 

F?ibllc Welfare to t@ce the. twxessary steps to comply wltih.+lts 

authokrl d contract+il agreement required to be filed tith 

the Se 0". x%fary of State'before. the fed&raLm&a can bs 

expen,&%qd thereafter'to use and expend such. funds for the' 

pUrp1" Q% 8.,fix tit& they were @lotted to the state without 

the ni3~sslty ef a'speclflc enumeratfon In tik statutes. Ln 

this connectl~, we. heretof&e held In Attorner%eneral's 

Cplnl~ C4K) .(Msy 12,.1965) that~'travel'expeksek of unpaid 

persm1, such as committee memb&ti.tihlle.&sged in the 

perfoMauce of the .offlc.lal business of‘the comm%ttee, can 

Abe pald'out of.fe.deya& fur@ received by the State of Texas 

by vlrtue of the contractual agreement between the state and 

the federal government,, The factual situation presented i" 

that:'Qjlnlon Is an+ogous to: the one here presented and Is 

subijt8iit&ally the &me. The state and federal government 

'we* authprlzed to enter into the contractual arrangement. 

We we -ware of any law of this state which .worild prealude .' 

~.the pay&at ~~'$iioh.per-diem or travel expelises out of the 

federal mds tib'a~zkprlated In such general. terms comprehetis&Pe ~ei%@gh to.ln&lude such purpose tid under'the s,tat&d 

clrcumsttiees. 

------- SUMMARY~ _i ', 

The State.Dspartment of Public Welfare. 

Is authorized to set up a Day Care Advisory 

Committee consisting of representatives of, 

other State Departments or Agenclea. and,. 

representatives of other profess$onal and 

civic groups for the purpose of complying 

with the federal requlrementxnade the basii3 

for the Department's receiving‘ federal @nds 

far the lky Care Prog&m .ln the State of ,, 

Texas. 

It is empowered to set up other types~ of 

Advisory Boards or Commlttees.of Public' 

Welfare (unrelated to,Day Care Advisory ,~ 

Committees) which are essential to the 

~aacomplls~ent of the other purposes of the. 

PuJ~lic Welfare Programs In Teias in accordance 

with the Department*8 agreement with the 

federa& government. 

-2515- : 
Hon. John Winters. PsSe 22 opihio" No...!528 

It Is authorized to pag per diem and 

travel expenses to the committee members out 

of federal funds made avazlable tQ the.Depar‘tment for the extension of the Day Cat% 

Program. 

Employees of the State Departments may 

serve on the Day Care Advisory Ccmmlttee. 

without loss of salary from the other state 

agency, such membership not constituting 

'an office or position of iionor, trustYor 

profit, under this State or the United St.ates" 

within the constitutional mean1 

T 

of those 

terms In Section 33 of Article 1 of the 

Texas Constitution. 

Yours very truly, 

WAGGONRR CARR . 

Attorney General : 

-APPROVED: 

'OPINION CCHMITTEZ 

W. V. Ceppert, ChaIrman 

Bob qowers 

Arthur.Ssndlin 

H. Grady Chandler 

Roger TJrler 

Marietta Payne 

APPROVEDF'ORTREATTORNEYGENEEiAL 

BY: T. B. might. .