- .

Honorable John H. Winters Opinion No. WW-429 Commissioner State Departmentof Re: Is the State Departmentof Public Welfare Pub110 Welfare authorized Austin, Texas to make the necessary repairs and renovationsto office space allocated to the Departmentrent-free by a munioipalityor county and to expend appropriated Dear Mr. Winters: funds therefor?

Your request for an opinion raads as follows:
"We request your opinion as to whether this Department is authorizedto make necessary repairs and renovationsto office epaae allocated to the Departmentrent-freeby a munioipalityor oounty and to expend appropriatedfunds therefor. Such space or building being owned by such munioipality or county. "The Department ie of the opinion that it is authorizedto make such neceaaary repairs and renovations pursuant to the authority contained in Subsection (7), Section 4 of titiole 6950 of Vernon'8 Texas Civil Statutes, Section 39 of Apticle 695c, Vernonss Civil Statutes, Items 58 and 87 of the appropriationto the Departmentcontained in House Bill 133, Acts of the 55th Legislature.
"Fursuantto Article 695c, this Departmenthas entered into various agreementswhereby space is allocated to the Departmentrent-free and the Department

makes certain necessary repairs and renovations. Such repairs to include but not limited to painting walls, repairing floo~a, furnishing removablepartitionsand fixturea, etc. Whenever it is necessary to use non-expendable items (such as partitionsand fixtures) in making the repairs and renovations,such items remain the property of the State and is carried on the inventory of the Department."c

.

Honorable John H. Winters, Page 2 (WW-429).

Subdivisions5 and 7 of Seotion 4 of Article 695c, Vernon's Civil Statutes provide in part:

"(5) Assist other departments, agencies and institutionsof the local State and Federal Governments, when so requestedand oooperatewith such agencieswhen expedient,in performing services in conformity

with the purposes of this Act; "(7) Establishand provide such method of local adminlstration'as is deemed advisable,and provide such personnel as may be found necessary for carrrlnn out in an eoonomioal way the adminlstratlon 'If

this Aat; D I)

. ' Section 39 of Article 695c, provides: “Sea. 39. No provision of Vernon's Civil Statutes,

this Act is lntended to release the counties and~municlpalitles in this State from the speolflo responsibility which is aurrentlyborne by those oountles and municipalitiesIn support of pub110 welfare, child welfare, and relief servioes. Such funds which may hereafterbe appropriated by the oountles and municipalitiesfor those servioesmay be admlnistered through the county or district offices of the State Department,and if so administered,shall be devoted exclusivelyto the services in the county or municipality

making such appropriation."
Pursuant to the above quoted provisions, it is the duty of the Departmentof Public Welfare to cooperatewith the municipalities and counties of this State In carrying out the program provided for in Title 20A of the Revised Civil Statutes of Texas, 1925.

Items 58 and 87 of the appropriation to the Department of Public Welfare contained in House Bill 133, Acts of the 55th Legislature,Chapter 385, provide:
"For the Years Ending August 31, August 31, 1958 1959 "58. Rent, bond premiums, postage, telephone and telegraph,freight, express, drayage, stationery,Honorable John H, Winters, Page 3 (WW-429).

printed forms, offloe - . ~ , SUPpllea, equipment,re airs, examiningfees0 mriiTi%ZVviaee, maintenancean& miacellaneoueand aontingent expenses (inaludea Werft System e a D + D , O Q *,,. 

## 4 188,895 4 188,895N
"87. Provided thrtin addition to the appropriated state funds POP Child Welfare Servicrei,

artilatanoe payments and'administr.ative expenses for the biennium, the State Departmentof Public Welfare is authoriaed ', to aocept from the'Federa1 Glovernment

ang'funds that may be allocated~bysaid tivernmentto the,'State Deportmentof Publie Welfare for Child Wel$a&e:;'Servloee, assietanaeand a'diilinistratlon~~ ~, and said Department oan use ,," '~ such Federal,FUnds allocated for Child Welfare'

Servloea, assistanoepayments and adminietrative~expenses"'inaddition to funds appropriated for those purposes-lout of State Funds, estimated to be $93,353,121$93,353,121'
In view of the provisionsof Artiole 695u, the State Departmentof PublicWelfare Is authorized to enter into agreements with municipalities and oountles for the purposes of carrying out the Welfare Program. It is, therefore,our opinion that the Departmentof Public Welfare Is authoriaed to make necessary repairs OP renovationto office spaae allooated to the Departmentby a municipalityor oounty asoutlined in the request, and to expend appropriated moneys for suoh purposes.

SUMMARY

The State Departmentof Publlo Welfare is authorizedto make neoessary repairs or renovationto offloe space alloaated toHonorable John H. Winters, Page 4 (WW-429).

the Departmentrent-freeby a municipality OP county, and to expend appropriated funds therefor, Your.43 very truly,
WILL WILSON Attorney General of Texas

JR:mg:jl
APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman
J. Mark McLaughlin
J. Arthur Sandlln Jack Goodman
REXIEWED FOR THE ATTORNEYGENERAL BY: W, V. Geppert