## GENERAL

October 30, 1974 The Honorable Carlos F. Truan Opinion No. H- 437 Chairman, Committee onHuman Resources House of Representatives Re: State share in aid to Austin, Texas 78767 dependent children under Art. 3, Sec. 51-a ofthe Texas Constitution Dear Representative Truatu andArt. 695c, V. T. C.S. Onbehalf ofthe Committee onHuman Resources ofthe House of Representatives youhave asked our opinion onthree questions having to dowith 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 amatching formula of 50% state dollars with 50% federal dollars for individual grants to recipients ofAid to Families with Dependent Children? (2) Has the Legislature required.any minimum percentage ofmatching federal funds for AFDC? (3) Has the Legislature empowered theState Department of Public Welfare toprescribe policies by rules and regulations amending state statutes in order toacquire matching federal dollars tothe fullest extent possible if the state statutes are not foundtobe in conflict with federal statutes and regulations? Section 51-a. Article 3, in part, provides:

The Legislature shall have thepower, by General Laws, to provide, subject to limitations herein contained, andsuch other limitations,

p. 2019The 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 theymay hereafter be amended, providing matching funds to help such families and individuals attain or retain capability for independence or self-care, andfor the payment ofassistance grants to and/or medical care for, andfor rehabilitation and other services to or onbehalf of:

(1) Needy aged persons . . . (2) Needy individuals who are totally andpermanently 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 ofTexas to cooperate with the Government ofthe United States in providing assistance to and/or medical care onbehalf of needy persons . . . provided thatthe maximum amount paid out of state funds to or on behalf ofany needy person shall not exceed the amount that is matchable outof federal funds

. . . Provided further, thatif the limitations and restrictions herein contained are foundto be in conflict with the provisions ofappropriate federal statutes, as they noware or as theymay be amended to the extent that federal matching money is notavailable to the state for

p. 2020The 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 oftheState Department of Public Welfare in the administration ofwelfare activities ofthe State. Itprovides, in Subsection (12):

Notwithstanding any other

. . . law, theState Department of Public Welfare is authorized andempowered,

. . . in order that Federal matching money will be avilable for public welfare programs . . . to extend the scope ofthe public welfare programs andthe services provided

. . . so as toinclude , . . . the entire range ofpublic welfare assistance and/or services
. . . as may be prescribed or authorized under Federal laws and rules and regulations, as they noware or as they may hereafter be amended.

. . . Ifany portion ofthe public welfare laws or amendments thereto are found to be in conflict withthe provisions ofthe appropriate Federal statutes, as they noware or as they may hereafter be amended, then andin that ever&the State Department ofPublic Welfare is specifically authorized and empowered toprescribe by means of rules and regulations such policies as may be necessary in order thatthe State may receive and expend Federal matching funds to the fullest extent possible within the Constitutional provisions relating to public welfare andin accordance with theprovisions ofthis Act andthe Federal statutes as they noware or as they may hereafter be amended andwithin the limits of appropriated funds.

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

By amendments to the federal laws in 1972, most welfare programs based onfederal 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], thatprogram ofmatching federal and state fundswas not repealed. Our answers toyour questions are based onthelaw as ithas existed bothbefore andafter the adoption of P. L. 92-603. Toyour first question we answer thatthe Legislature does have author’ity ‘to’enact legislation authorizing amatching formula of 50% state dollars with 50% federal dollars for grants for and to needy families withdependent children. As toyour second question, it is our opinion thatArticle 695~. Sec. 4(12), quoted above, was designed to take maximum advantage of the federal program. We are unable to discern any statutory limitation ontheminimum percentage ofmatching federal funds for AFDC. Your third question involves the rule-making authority ofthe Department of Public Welfare in instances where state andfederal law do not conflict. Itis our conclusion that the Legislature has notattempted to empower the Department ofPublic Welfare toprescribe policies by rules and regulations altering the effect of state statutes if a contlict does not exist between state statutes andfederal statutes or regulations which would deprive the state offederal funds were the conflict not resolved. Your third question is narrow andthis response is limited accordingly. We do notpass uponthe scope or the validity ofany delegation of power which the Legislature has made to the Department ofPublic Welfare. SUMMARY The Legislature has the authority to enactwelfare legislation which utilizes a formula ofmatching dollar for dollar all federal funds available for individual grants to recipients ofAid to Families with Dependent Children. The Legislature has notattempted to empower

p. 2022The 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, 

# uAttorney General of Texas 

# wx--f

DAVID M. KENDALL, Chairman Opinion Committee

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