Untitled Texas Attorney General Opinion ( 1971 )


Menu:
  • March 17, 1971 Honorable Joe Resweber OpinicmNo. M-812 County Attorney Harris County Courthouse Re:, Authority of Harris County to Houston, Texas 77002 make certain expenditures in providing facilities for dis- Dear Mr.: Resweber: tribution of food stamps. Your request for an opinion asks the fo~llowing ques~tions: “1.~ Can ,Harris County enter into a: lease contract, and expend county funds, for the purpose of providing facili- ties to house a distribution point for food stamps? “2. If the answer to the first question is in the af- firmative, can Harris County contract with utility companies, and ,expend county funds, for ~th,e furnishing of public utilities for such facilities.? “3. If the answer to the first question is in the af- firmative, can Harris County contract, and expend county funds, for the purpose of remodeling such facilitie~s? ” In Attorney Generalrs Opinion M-382 (1969) it was held, that the actual administration and operation of the Federal Food Stamp Program is the exclusive responsibility of the State Department of Public Welfare because of the specific provisions of the Food Stamp Act of 1964. That Opinion specifically r,ecognised, however, that the contracE between Harris County and the State Department of Public Welfare therein con- sidered complied with the Food Stamp Act of 1,964 and the regulations published in the Federal Register. Furthermore, that Opinion specifically pointed out: “Article 695c, Section 7 is ample authority for the State Department of Public Welfare to act. In addi- tion to the last sentence of Section 7, above, Article 695~~ -39,42- Honorable Joe Resweber, page 2 (M-812) Section 39, appears specifically to provide for county funding of programs to be operated in the county by the State. ‘I It is our opinion that the contract involved in your present request is authorized by the provisions of Sections 4, 7, 7a and 39 of Article 695c, Vernon’s Civil Statutes. In this connection, it is noted that Section 39 provides: “No provision of this Act is intended to re- lease the counties and municipalities in this State from the specific responsibility which is currently borne by those counties and municipalities in sup- port of public welfare, child welfar,e, and relief services. Such funds which may hereafter be ap- propriated by the counties and municipalities for those services may be administered through the county or district offices of the State Department, and if so ad- ministered, shall be devoted exclusively to the services in the county or municipality making such appropriation. ‘! In view of the foregoing we answer your questions in the affirmative, and you are advised: 1. Harris County has the legal authority to enter into a lease con- tract and expend county funds for the purpose of providing facilities to house a distribution point for food stamps. 2. Harris County has the authority to contract with utility companies and expend county funds for furnishing public utilities for such facilities. 3. Harris County is authorized to contract for and to expend county funds for the purpose of remodeling such facilities. SUMMARY Sections 4, 7, 7a and 39 of Article 695c, Vernon’s Civil Statutes, authorizes the State Department of Public Welfare to contract with counties for the purpose of carry- -3943- . . Honorable Joe Resweber, page 3 (M-812) ing out the Food Stamp Program authorized and required to be administered by the State Department of Public Welfare, and the counties are authorized to expend county funds for the purpose of providing such facilities. Yours very truly, CRAWFORD C. MARTIN Attorney General of Texas NOLA WHITE First Assistant Prepared by John Reeves Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E. Allen, Co-Chairman Jim Swearingen J.C. Davis Gordon Cass Jack Goodman MEADE F. GRIFFIN Staff Legal Assistant ALFRED WALKER Executive Assistant -3944-

Document Info

Docket Number: M-812

Judges: Crawford Martin

Filed Date: 7/2/1971

Precedential Status: Precedential

Modified Date: 2/18/2017