Attorney General Opinion WW-0429

- . 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 re- pairs 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 reno- vations pursuant to the authority contained in Subsection (7), Section 4 of titiole 6950 of Ver- non'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 limit- ed 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 Govern- ments, 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 adminls- tratlon 'If this Aat; D I) . ' Section 39 of Article 695c, provides: “Sea. 39. No provision of Vernon's Civil Statutes, this Act is ln- tended 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 admlnis- tered 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 Depart- ment 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, ex- press, drayage, stationery, Honorable John H, Winters, Page 3 (WW-429). printed forms, offloe - . ~ , SUP- pllea, equipment, re airs, examining fees0 mr iiTi%ZV- viaee, maintenance an& mia- cellaneoue 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 Wel- fare 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 admin- ietrative~expenses"'in addi- tion 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 agree- ments 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