The Honorable Ben F. McDonald, Jr. Opinion No. H- 289 Executive Director, Texas Department ofCommunity Affairs Re: Whether Parks &Wildlife P. 0. Box 13166, Capitol Station Dept. may furnish food Austin, Texas 78711 and housing as part of compensation paid to employees under federally funded proDear Mr. McDonald: gram for youths. You have submitted twioquestions tou’sconcerning aproposed program to operate aState Youth Conservation Corps this summer. The program authorized by the United States Congress, October 27, 1972, under the provisions of Public Law 92-597. will provide federal funds to employ .youths aged fifteen through eighteen towork in Texas state parks for a period of eight weeks. The youths will work approximately thirty hours aweek to perform various maintenance tasks in the parks. The Texas Department ofCommunity Affairs (hereafter, Community Affairs) entered acooperative agreement with the United States Department ofAgriculture and the United State Department ofthe Interior on December 13, 1973, to serve as the “prime grantee” responsible for arranging the State Youth Conservation Corps Program, Community Affairs and the Texas Parks and Wildlife Department (hereafter, Parks and Wildlife) propose to implement the program under an interagency cooperation contract whereby Parks and Wildlife would be responsible for actual operation ofthe program this summer. Under such a contract,+ Community Affairs would reimburse Parks and Wildlife for aportion ofthe operating costs incurred in the program, One ofthe federal requirements governing the operation ofthe program is that some arrangement must be made for the youths to secure adequate food and housing for the duration oftheir employment at the state park, The most expedient and surest method to provide food and housing to the youths is for Parks and Wildlife t.oprotide it, either directly or through an independent contractor,

p, 1348The Honorable Ben F, McDonald, page 2 

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Your questions are: 1. Under the circumstances set forth above, is Parks and Wildlife legally empowered to expend funds for feeding and housing the youths it employs ? 2. Ifthe above question is answered inthe affirmative, do Community Affairs and Parks and Wildlife have the legal authority to enter an interagency cooperation contract whereby Community Affairs reimburses a portion ofthe costs incurred by Parks and Wildlife in providing such food and housing? The answer toyour first question would depend upon (1) the existence of general legislation authorizing the Parks and Wildlife to engage inthe described activities (Article 3, Sec. 44, Constitution of Texas) and (2) a specific appropriation for those purposes (Article 8, Sec. 6. Constitution of Texas). Bearing in mind that all powers, duties and authority ofthe State Parks Board have been transferred to Parks and Wildlife (Article 978f-3a. Vernon’s Texas Penal Auxiliary Laws, See, 4), we are ofthe opinion that there is ample pre-existing general law to authorize the expenditure you describe, ,. Article 6070b, V. T, C,S,,

“Sec. 1. The Texas State Parks Board is hereby authorized and empowered toacquire State park sites by purchase, gift or otherwise, and to improve, beautify and equip, and to contract with any person, firm or corporation for the improvement, beautification or awipment ofthe State parks ofthis State to such an extent as to said Board mightbe deemed advisable., The authority herein given topurchase is limited to two years from the effective date ofthis Act a. , . ” (Emphasis added) The Parks and Wildlife Department has ample authority to contract for the maintenance ofsrate parks by virtue ofSet; 1ofArticle bOYlr, V>T.C.S., which provides. 13part:The Honorable Ben F. McDonald, Jr., page 3 

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I!

. . , The Parks and Wildlife Department is hereby authorized and directed to cooperate . . . with all other departments ofthe state and local governments . . . . It is the intent ofthe Legislature to add to the purposes, functions and duties of.
. . counties, to acquire lands for public recreation purposes, to construct thereon facilities for public use, to provide for the operation, maintenance and supervision ofsuch public recreation areas, and to enter into agreements with other local, state or Federal Agencies for planning, construction, maintenance, and operation of such facilities, together with necessary access roads thereto, and to maintain adequate. sanitary gitsndards. onthe.lan&and water. areas as a.patt ofand adjacent to such recreation areas. ” (Emphasis added) And see Attorney General Opinion H-170 (1973). We think that clearly if Parks and Wildlife finds it necessary or convenient to furnish toits employees both lodging and meals as part oftheir compensation, it has the authority to do so. Ithas been suggested that Sets, 50and 51ofArticle 3ofthe Texas Constitution would prohibit the use ofthese funds. We have had numerous occasions towrite concerning the requirements ofthese sections and have concluded, with ample judicial support, that they require only that the expenditure offunds be made for aproper public purpose. State v. City ofAustin, 331 S~W, 2d 737 (Tex. 1960); Attorney General Opinions C-584 (1966); H-143 (1973); O-4140 (1941). Whether there is such apurpose is adecision for the Department which will be overturned by the courts only if it is clearly arbitrary. Appropriations for 

### theproposed purposes may be found in the General Appropriations Act for 1974 - 1975 [Acts 1973. 63rd Leg., ch. 659, p.1786) in items 7‘1l2xuid’23 ofthe.appropriation to the Parks and Wildlife Department atpages ,2005 and 2007, as follows:

“7, Seasonal and Part-time help 667. 754 52b. 972

p: 1350The Honorable Ben F. McDonald, Jr., page 4 (H-289)

“12. Park Improvements l’A.State Comprehensive Outdoor Recreation Plan - - for updating Texas’ comprehensive outdoor recreational plan, including personal services, classified personnel, travel and other expenses 327, 295 335,606

“B.Maintenance, repairs and equipment; including wages and other expenses, whether by contract or direct payments, in existing State Parks 459,750 ,l, 142, 700

,&U.B.

“23. There is hereby appropriated from the Texas Park Fund, pursuant to Article 4of House Bill 730, Acts ofthe Sixty-Second Legislature, Regular Session, 1971, for the purpose of planning, acquisition and development ofState parks and State historic sites. Such expenditures include, butare not limited to, salaries and wages, professional services and fees, travel, capital outlay, including land and improvements thereto, and all other necessary costs and expenses whether by contract or direct payments. ‘I 12,000,000 12,000,000 &U.B. The receipt and use offederal funds for these purposes is expressly authorized bySection 19of Article V ofthe Appropriations Act (supra. at p. 2208) andby rider tothe Parks and Wildlife appropriation atpage 2012, We therefore answer your first question that, in our opinion, Parks and Wildlife is legally empowered to expend funds for feeding andhousing the youths it employs,

p. 1351.

. The Honorable Ben F. McDonald, Jr., page 5 (H-289)

The program in question was authorized byPublic Law 92-597, 86Stat. 1319 amending the Youth Conservation Corps Act of 1970 (Public Law 91-378, 84Stat. 794). The original act provided ayouth conservation corps as apilot program within the Departments of IntCrior and Agriculture. The amendment extended the program to pilot programs on state lands financed byfederal grants. Reciting the high unemployment rate among young people 16- 19 years ofage, the report ofthe House ofRepresentatives recommending Public Law 92-597 (House Report No. 92-1460, 1972 U.S. Cong. and Ad. News, p. 4943) states its purpose to be “to provide additional employment for young people ages 15through 18
. . . ” The Community Affairs was created byActs 1971, 62nd Leg., ch. 879, p. 2697 [now found as Article 4413 (2011, V,T.C.S.]. One ofthe powers expressly conferred upon the Department bythat Act is found in its Sec. 4(12) requiring the Department to “administer, as appropriate, State responsibilities for programs created under
. . . federal acts creating economic opportunity programs. ‘I In our opinion, the program ofthe Youth Conservation Corps Act is an economic opportunity program and is onethe Department of Community Affairs is expressly directed to administer onbehalf ofthe State. The Interagency Cooperation Act, Art. 4413 (32), V. T, C.S. authorizes and encourages contractual arrangements between various arms ofthe State government to carry out its functions. Section 3provides:

“Any state agency may enter into and perform a written agreement or contract with other agencies ofthe state for furnishing necessary and authorized special or technical services, including the services ofemployees, the services ofmaterials, or the services ofequipment =. . . ” Itis our opinion that the two statutes, Article 4413 (201) and Article 4413 (32). V. 1.C.S., acting in concert, give to Community Affairs the general authority to act on behalf ofthe State under the Youth Conservation Corps Act and to contract with Parks and Wildlife to acrually

p. 1352The Honorable Ben F. McDonald, page 6 (H-289)

implement the program byputting young people to work. We are further ofthe opinion that these acts would authorize expenditures to feed and house those youths so employed. Among the appropriations to Community Affairs (Appropriation Act for fiscal 1974-1975. supra, atp.1929) is item 9“Grants to State Agencies and local Governments”
. As in the case **of** Parks and Wildlife, the use offederal funds is expressly authorized bythe Appropriations Act, supra at p. 2208. And see Sec. 25 ofArticle V ofthe Appropriations Act, supra, atp.2209. In summation, it is our opinion that there is both pre-existing general law and specific appropriations authorizing the Department of Co-unity Affairs and the Parks and Wildlife Department to enter into an interagency cooperation contract to carry outthe program of the Youth Conser~vation Corps Act, including the expense of feeding and housing young people employed by it. SUMMARY The Parks and Wildlife Department is authorized to expend funds to feed and house young people employed by it in maintaining state parks and is authorized to con - t-act with the Department of Community Affairs for the reimbursement ofthose expenses, or apart ofthem, with federal funds, Very truly yours,

Attorney General of TexasI

. The Honorable Ben F. McDonald, Jr., page 7 (H-289)

APPJ++WjjD:

DAVID M. KENDALL, Chairman Opinion Committee

p. 1354