GENERAL 

Honorable Ernert GUI* 

'Comity Attorney 

El Paa0 county 

El Paso, Texas 

Dear Sir: Opinion No. O-2739 

Re: May the commissioners' court 

eet up a county welfare office as another office and 

department and appropriate 

funds for the maintenance 

thereof? 

Your recent request for an opinion of this department upon 

the questions aa are harein etated has been received. 

"I have your letter of September 24, enclosing copy 

of Opinion Bo. o-2721, and stating that opinion request 

No. O-2739, assign+ to my request of September 11, had 

been withdrawn ae Opinion No. O-2721 answered the questions which I asked. 

"I have read over the Opinion No. O-2721, but do not 

find that it ane.were specifically the question which I 

wished answered. The Opinio? No. O-2721 etatee, a8 I underatend it, t&at it ie permissible to have a Juvenile 

Board and a County Welfare Board. I would appreciate an 

opinion from you directly advising me whether the County 

can appropriate money specifically a8 set out in my request .for an opinion. In other words, may the County eet 

up a County Welfare office as another office and department, and appropriate funds for the maintenance thereof. 

The question is not the creation of a County Welfare 

Board, but the creation of another office of the County 

to be referred to as the County Welfare Office, the appointment of a person to serve as a county employee, and 

.the appropriation of funds for the salary and expense of 

such office. Therefore, before advising the,Commissionem' Court that it may expend these furrds, I would appreciate a specific opinion from you a8 to whether or not 

the County my appropriate funds for the creation of the 

office of County Welfare officer, and the payment of the 

salary and expenses of such office. 
. . . 

Honorable Ernest Guim, Page 2 (C-2739) 

“In the request of Mrs. Greenhill, referred to in Opinion NO. 0-27.?l, she etatee: 

“‘We are in receipt of word from El Pa80 County that it 

18 interested in eetablirhing a County Child Welfare Unit 8nd 

to participate with the State in undertaking ruch 8 prograa8 

“Aa stated in my letter of September 11, regueeting an 

opinion, 1,advised the Commisclionerr’ Court that they could 

not expend moniee to pay the ealary of atate employear. If 

the proposed unit ie to operate aa a State office, and the 

County ir to contribute, then I muet requeet a further opinion from you ae to the legality of thie, eince I have heretofore advired the Commireionere’ Court that ruch payment could 

not be made. 

“The request of Mrr. Greenhill doea not meet the ie@ue 

in thia caee, I would deeply appreciate your adviein& urn fully regarding thlr financial contribution to which rhe refera. 

It has been my understanding heretofore, from your opiniena, 

that before the County can expend any funds there muet be an 

exprese grant of power, aed f’urther, where one e?eaae ie provided for carrying gut a purpare, there WI be PO ImpLIed pawer to utlliee other mean@, T am oxtramely daubtrul of the 

authority of the Co~iarlonerel Court, BB I have heretofore 

stated in my latter of September 11, and before advlriag thein 

to make any expenditure@, X would like to have your og$nlon 

thereof. Of cow%, I rhall be guldad by any ruling that you 

may rmka." 

In connection with the above quoted letter, we quote from your 

first letter regarding the question now under conrideration a.~ followe: 

“The Btste hae heretofore maintained, in $1 Prro County, 

a dirtrict reprer~ntativa, operating under the Child Welfara 

Act (Article 695-c, R.C.5.) all of the ralary of thir worker 

having been paid from State and Federal fundr. The State now 

demaade that the County take over the operation of the office 

and contribute to the msintenence of the affice, while the 

State will alro contribute to the maintenance of the office. 

,I 

. . . 

Sectionr 4 end 5 of Article 695a, Vernon’s &otated Civil 

Statutee, readr as followe: 

Section 4. “The Commireioneret Court of any county may 

appoint in raid county #even peraonm, rerident therein, who 

shall nerve without compeneation and hold office during the 

pleamre of the Commi~oionere' Court, who shall constitute a 

Child Welfare Board for the County, which Child Welfare Board 
Honorable Ernest Guinn, Page 3 (O-2739) 

Shall select its own chairman. The Child Welfare Board shell 

perform 8uch dutiee a8 may be required of it by the raid Commireioners' Court And Board of Control in furtherance of the 

purporer of this Act. The County Commieeionere’ Court of any 

county m8y remove any member of euch County Welfare Board for 

jUAt CAUAA." 

Section 5. “The Board of Control, through raid County 

Welfare Board, ahall work in conjunction with the County Commieeionere’ Court, Juvenile Boarde, And all other officer6 

end agencier whoae purpoes ie for the protection of the children dercribed herein, and the Board of Control ir hereby authorized to u6e and allot eny fund@, that may be rprc#.ficslly 

ApprOpriAted for ouch purpoeea, by the Legirlsture, that may 

be neceseary in jointly e8tAbliehing and maintaining, together 

Juvenile Board of other County or City Board or other agency, 

homee, 6chooln, end institutionr for the care, protection, education and training of the clarr of children nought to be protected by the provirionr thereof.” 

Section 42 of Article 695c, Vernon'r AnnotAted Civil BtAtutsA, 

provider: 

“County child welfare boardr eztablirhed or hereinafter 

appointed in conformity with Section 4, Act8 of 1931, ,42Ad 

Legirlature, page 323, Chapter 194, &all continue to function aI provided therein.” 

Under Article 695c, Vernon’e Annotated Civil Btrtuter, all 

the rightr, powerz, and dutler o? the divirlon of Child Welfare of the 

State Board of Control were traneferred to the State DApArbmAt of Public Welfare. It ia therefore apparent that rfter all the righta, POWem And dutler of the DIv~AIoAA of Child Welfare of the Btrtr Board of 

Control heve bAAA tranrfarred to the Stats DApAFtnlAnt of Public WAlfAre, 

the State DepAhUeAt of Public Welfare ir authoricod by 8ICtioA 5 of 

WC, Aupra, to work in conjunction with the commillionwlf courtA, 

juvenile board8 and all other offices and agencier whole purporo ir iOr 

the protection of the children described. 

Under the provisionr of Section 4, Article 6p5c, rupra, the 

member6 of a Child Welfare Board for A county are required to serve without compensation And hold their position during the plearure of the commissioners’ court. 

We have been unable to find any etatute that expreeely or by 

implication authorize6 a commissioners COW% to create And establish 

the office above meAtioned And appropriate and expend fundA for the mAinteneace of such office. 
‘- 

APPROVED OC7! 24, 1940 

/I/ Qerald 0. Me++ 

A!l'TOFNEY(IENERALOFTEXAS 

AW:BBB:M 

Yours wry truly 

ATTORNEY GENERAL OF TEXAS 

By /I/ Ardall Willlam~ 

Ardell William@ 

Awirtent 

OPINION 

COMMITTEE 

BY /e/ BWB 

CHAIRMAN