- . 

Honorable John H. Winters Opinion No. WW-429 

Commissioner 

State Department of Re: Is the State Department of 

Public Welfare Pub110 Welfare authorized 

Austin, Texas to make the necessary repairs and renovations to 

office space allocated to 

the Department rent-free 

by a munioipality or 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 authorized to make necessary repairs 

and renovations to office epaae allocated to the 

Department rent-free by a munioipality or oounty 

and to expend appropriated funds therefor. Such 

space or building being owned by such munioipality 

or county. 

"The Department ie of the opinion that it is 

authorized to 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 appropriation to the Department contained in 

House Bill 133, Acts of the 55th Legislature. 

"Fursuant to Article 695c, this Department has 

entered into various agreements whereby space is 

allocated to the Department rent-free and the 

Department makes certain necessary repairs and 

renovations. Such repairs to include but not limited to painting walls, repairing floo~a, furnishing 

removable partitions and fixturea, etc. Whenever 

it is necessary to use non-expendable items (such 

as partitions and 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). 

Subdivisions 5 and 7 of Seotion 4 of Article 695c, 

Vernon's Civil Statutes provide in part: 

"(5) Assist other departments, agencies and 

institutions of the local State and Federal Governments, when so requested and oooperate with such 

agencies when expedient, in performing services in 

conformity with the purposes of this Act; 

"(7) Establish and 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 aurrently borne by those oountles and 

municipalities In support of pub110 welfare, child 

welfare, and relief servioes. Such funds which 

may hereafter be appropriated by the oountles and 

municipalities for those servioes may be admlnistered through the county or district offices of the 

State Department, and if so administered, shall be 

devoted exclusively to the services in the county 

or municipality making such appropriation." 

Pursuant to the above quoted provisions, it is the 

duty of the Department of Public Welfare to cooperate with 

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, 

examining fees0 mr iiTi%ZVviaee, maintenance an& miacellaneoue and 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 Department of 

Public Welfare is authoriaed ', 

to aocept from the'Federa1 

Glovernment ang'funds that 

may be allocated~by said 

tivernment to the,'State 

Deportmentof Publie Welfare 

for Child Wel$a&e:;'Servloee, 

assietanae and a'diilinistratlon~~ ~, 

and said Department oan use ,," '~ 

such Federal,FUnds allocated 

for Child Welfare' Servloea, 

assistanoe payments and adminietrative~expenses"'in addition to funds appropriated 

for those purposes-lout of 

State Funds, estimated to be $93,353,121 $93,353,121' 

In view of the provisions of Artiole 695u, the State 

Department of Public Welfare 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 Department of Public Welfare Is authoriaed to make 

necessary repairs OP renovation to office spaae allooated to 

the Department by a municipality or oounty asoutlined in the 

request, and to expend appropriated moneys for suoh purposes. 

SUMMARY 

The State Department of Publlo Welfare is 

authorized to make neoessary repairs or 

renovation to offloe space alloaated to 
Honorable John H. Winters, Page 4 (WW-429). 

the Department rent-free by 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 ATTORNEY GENERAL 

BY: 

W, V. Geppert