GENERAL 

October 30, 1974 

The Honorable Carlos F. Truan Opinion No. H- 437 

Chairman, Committee on Human Resources 

House of Representatives Re: State share in aid to 

Austin, Texas 78767 dependent children 

under Art. 3, Sec. 51-a 

of the Texas Constitution 

Dear Representative Truatu and Art. 695c, V. T. C. S. 

On behalf of the Committee on Human Resources of the House of 

Representatives you have asked our opinion on three questions having to 

do with the interrelationship of federal funds and state contributions for 

welfa’re payments under Article 3, Sec. 51-a. Texas Constitution and 

Article 695c, Sec. 4, V. T. C. S. Paraphrasing, they are: 

(1) Does the Legislature have the authority to 

authorize a matching formula of 50% state dollars 

with 50% federal dollars for individual grants to 

recipients of Aid to Families with Dependent Children? 

(2) Has the Legislature required.any minimum 

percentage of matching federal funds for AFDC? 

(3) Has the Legislature empowered the State 

Department of Public Welfare to prescribe policies 

by rules and regulations amending state statutes 

in order to acquire matching federal dollars to the 

fullest extent possible if the state statutes are not 

found to be in conflict with federal statutes and regulations? 

Section 51-a. Article 3, in part, provides: 

The Legislature shall have the power, by 

General Laws, to provide, subject to limitations 

herein contained, and such other limitations, 

p. 2019 
The Honorable Carlor F. Truan. page 2 (H-437) 

restrictions and regulations as may by the Legislature be deemed expedient. for assistance grants 

to and/or medical care for, and for rehabilitation 

and any other services included in the federal laws 

as they now read or as they may hereafter be amended, 

providing matching funds to help such families and 

individuals attain or retain capability for independence 

or self-care, and for the payment of assistance grants 

to and/or medical care for, and for rehabilitation and 

other services to or on behalf of: 

(1) Needy aged persons . . . 

(2) Needy individuals who are totally 

and permanently disabled . . . 

(3) Needy blind persons: . . . 

(4) Needy dependent children and the 

caretakers of such children. 

The Legislature may prescribe such other eligibility 

requirements for participation in these programs as it 

deems appropriate. 

The Legislature shall have authority to enact appropriate legislation which will enable the State of Texas to 

cooperate with the Government of the United States in 

providing assistance to and/or medical care on behalf 

of needy persons . . . provided that the maximum amount 

paid out of state funds to or on behalf of any needy person 

shall not exceed the amount that is matchable out of 

federal funds . . . 

Provided further, that if the limitations and restrictions herein contained are found to be in conflict with 

the provisions of appropriate federal statutes, as they 

now are or as they may be amended to the extent that 

federal matching money is not available to the state for 

p. 2020 
The Honorable Carlos F. Truan, page 3 (H-437) 

.- 

these purposes, then and in that event the Leglslature is specifically authorized and empowered 

to prescribe such limitations and restrictions 

and enact such laws as may be necessary in order 

that such federal matching money will be available for assistance and/or medical care for or on 

behalf of needy persons. 

Article 695~. V. T. C. S., the Public Welfare Act of 1941, in Sec. 4 

thereof, delineates the powers and responsibilities of the State Department 

of Public Welfare in the administration of welfare activities of the State. 

It provides, in Subsection (12): 

Notwithstanding any other . . . law, the State 

Department of Public Welfare is authorized and empowered, . . . in order that Federal matching money 

will be avilable for public welfare programs . . . 

to extend the scope of the public welfare programs 

and the services provided . . . so as to include , . . . 

the entire range of public welfare assistance and/or 

services . . . as may be prescribed or authorized 

under Federal laws and rules and regulations, as 

they now are or as they may hereafter be amended. 

. . . 

If any portion of the public welfare laws or amendments thereto are found to be in conflict with the provisions of the appropriate Federal statutes, as they 

now are or as they may hereafter be amended, then 

and in that ever&the State Department of Public 

Welfare is specifically authorized and empowered 

to prescribe by means of rules and regulations 

such policies as may be necessary in order that the 

State may receive and expend Federal matching funds 

to the fullest extent possible within the Constitutional 

provisions relating to public welfare and in accordance 

with the provisions of this Act and the Federal statutes 

as they now are or as they may hereafter be amended 

and within the limits of appropriated funds. 

p. 2021 
The Honorable Carlo6 F. Truan, page 4 (H-437) 

By amendments to the federal laws in 1972, most welfare programs 

based on federal matching funds were repealed as of January 1, 1974. 

P. L. 92-603, Sec. 303(a), p.1737 (1972). However, although the federal 

laws (42 U.S. C. Sec. 601, et seq. ) providing for grants to states for 

aid to needy families with dependent children were amended [P. L. 92-603. 

Sec. 299E(e), p. 1711, for example], that program of matching federal and 

state funds was not repealed. 

Our answers to your questions are based on the law as it has existed 

both before and after the adoption of P. L. 92-603. To your first question 

we answer thatthe Legislature does have author’ity ‘to’enact 

legislation authorizing a matching formula of 50% state dollars with 50% 

federal dollars for grants for and to needy families with dependent children. 

As to your second question, it is our opinion that Article 695~. Sec. 4(12), 

quoted above, was designed to take maximum advantage of the federal program. 

We are unable to discern any statutory limitation on the minimum percentage 

of matching federal funds for AFDC. 

Your third question involves the rule-making authority of the Department 

of Public Welfare in instances where state and federal law do not conflict. 

It is our conclusion that the Legislature has not attempted to empower 

the Department of Public Welfare to prescribe policies by rules and regulations altering the effect of state statutes if a contlict does not exist 

between state statutes and federal statutes or regulations which would 

deprive the state of federal funds were the conflict not resolved. 

Your third question is narrow and this response is limited accordingly. 

We do not pass upon the scope or the validity of any delegation of power 

which the Legislature has made to the Department of Public Welfare. 

SUMMARY 

The Legislature has the authority to enact welfare 

legislation which utilizes a formula of matching dollar 

for dollar all federal funds available for individual 

grants to recipients of Aid to Families with Dependent 

Children. The Legislature has not attempted to empower 

p. 2022 
The Honorable Carlos F. Truan, page 5 (H-437) 

the Department of Public Welfare to prescribe 

policies by rules and regulations altering the 

effect of state statutes if a conflict does not 

exist between state statutes and federal statutes 

or regulations which would deprive the state of 

federal funds were the conflict not resolved. 

Very truly yours, 

u Attorney General of Texas 

wx--f 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 2023