Untitled Texas Attorney General Opinion ( 1979 )

The Attorney General of Texas
May 18, 1979
MARK WHITE
Attorney General
Honorable Chet Brooks, Chairman Opinion No. MW-22
Senate Committee on Human Resources
State Capitol Re: Constitutionality of Senate
Austin, Texas 787R Bill 628 providing for payments for
utility service to needy aged
individuals.
Dear Senator Brooks:
You have requested our opinion regarding the constitutionality of
Senate Bill 626, which would provide assistance to the needy elderly in the
payment of monthly utility bills. The program would be administered by the
Department of Human Resources and payments would go directly to vendors
of the utility services. Eligibility would be limited to any person 65 years or
older “who is a member of a household participating in the federal food
stamp program or who is paid benefits under the federal supplemental
security income program.” _See 7 U.S.C. SS 2Oll-2027; 42 U.S.C.
SS 1381-1383.
You ask if such an expenditure of state funds would violate article 3,
section 51 of the Texas Constitution, which prohibits grants of public money
to individuals, or article 16, section 6, which provides that “[nlo
appropriation for private or individual purposes shall be made.”
Although the prohibitions of article 3, section 51 and article 16, section
6 are not applicable if the governmental expenditure is made for a proper
200Ma,”%za.su,te4w public purpose, see State v. City of Austin, 331 S.W.2d 737 (Tex. 1960), we do
SanAntonio.
TX~18205
<,~,W~-A191 not believe that%nate Bill 628 may be so characterized. This office has on
numerous occasions held that similar direct grants on behalf of individuals,
paid solely out of state funds, do not serve a proper public purpose. See,
AnEqualopportunw m, Attorney General Opinion Nos. H-602 (1975) (school district may not
Aff,rmatlYe
ActmnEmployer purchase personal injury protection or uninsured motorist coverage); H-520
(1975) (county may not contribute public funds to the construction of a
facility to be used and operated by a private corporation); C-523 (1965)
(state university may not pay an honorarium to an individual making a
commencement address); V-609 (1949) (public funds ma not be expended on
behalf of victims of spastic or epileptic fits); G-2576 T1940) (public welfare
p. 67
Honorable Chet Brooks - Page Two (Mw-22)
grants without regard to categories enumerated under article 3, section 51-a are invalid).
It is therefore our opinion that Senate Bill 628 is invalid under article 3, section 51 and
article 16, section 6 of the Texas Constitution.
We note that article 3, section 51-a of the Texas Constitution permits certain
assistance programs when federal matching funds are available. If appropriate federal
legislation were enacted, a program of the type you suggest could be implemented by the
State of Texas. Otherwise, a constitutional amendment would be required.
SUMMARY
A program to provide assistance for payment of utility costs for
needy aged individuals would require the passage of federal
legislation or a Texas constitutional amendment.
./I
/j$glJM
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
David B. Brooks
Rick Gilpin
William G Reid
David Young
Bruce Youngblood
p. 68