Untitled Texas Attorney General Opinion ( 1975 )

,
August 29, 1975
The Honorable Raymond Vowel1 Opinion No. H- 679
Commissioner, Department
of Public Welfare Re: Ability of Department of
John H. Reagan Building Public Welfare to transfer
Austin, Texas 78701 funds between programs.
Dear Commissioner Vowell:
You have asked if the Department of Public Welfare may transfer items
of appropriation between programs to insure that adequate funds are avail-
able for medical assistance programs. You indicate that the question arises
because of the Legislature’s omission of a rider which has previously
appeared in the Department’s appropriation. See Acts 1973. 63rd’ Leg., ch. 659,
p. 1786 at 1862 (rider 21 to the Department of Public Welfare appropriation).
Article 3, section 51-a of the Texas Constitution provides in part:
The Legislature shall have authority to enact
appropriate legislation which will.~ enable the State
of Texas to cooperate with the Government of the
United Stat es in providing assistance to and/or
medical care on behalf of needy persons, in pro-
viding rehabilitation and any other services includ-
ed in the federal laws making matching funds avail-
able to help such families and individuals attain or
retain capability for independence or .self-care. to
accept and expend funds-from~the Covernmkt of the
United States for such purposes in accordance with
the laws of the United States as they now are or as
they may hereafter be amended, and to make appro-
priations out of state funds for such purposes; . . .
p. 2957
The Honorable Raymond Vowell. page 2 (H-679)
Provided further, that if the limitations and
restrictions herein contained are found to be in
conflict with the provisions of appropriate federal
statutes, as they now are or as they may be amended
to the extent that federal matching money is not avail-
able to the state for these purposes, then and in that
event the Legislature is specifically authorized and
empowered to prescribe such limitations and restric-
tions and enact such laws as may be necessary in
order that such federal matching money will be
available for assistance and/or medical care for or
on behalf of needy persons.
Pursuant to this constitutional authorization the Legislature has enacted
several statutes authorizing the Department to transfer appropriated funds
between programs. Article 695~. section 4(12). V. T. C. S., provides in
part:
Notwithstanding any other provisions contained
in the law, the State Department of Public Welfare
is authorized and empowered, at such times as may
be necessary in order that Federal matching money
will be available for public welfare programs admini-
stered by the Department for and/or on behalf of needy
persons, and at such times as the State Department
may determine feasible and within the limits of appro-
priated funds, to extend the scope of the public welfare
programs and the services provided in relation to such
programs to and on behti%f of clients and-related groups
so as to include, in whole or in part, the entire range
of public welfare assistance and/or services designed
to help families and individuals~ attain or retain capa-
bility for independence or self-care and for such
rehabilitation and other services as may be prescribed
or authorized under Federal laws and rules and regu-
lations, as they now are or as they may heredfter be
amended.
. . .
p. 2958
The Honorable Raymond W. Vowell, page 3 (H-679)
The State Department of Public Welfare is authorized
to accept, expend, and transfer any and all Federal and
State funds appropriated for such purposes. -The State
Department of Public Welfare is authorized to accept,
expend and transfer funds receivedlfrom a county; mu-
nicipality, or any public or private agency or from any
other source; and such funds shall be deposited with the
State Treasury, subject to withdrawal upon order of the
Commissioner of Public Welfare in accordance with rules
and regulations adopted by the Department and as author-
ized herein.
Article 695c, section 27, V. T. C. S., provides in part:
(1) . . .
The State Comptroller, after appropriate allocations,
transfers, and credits to and from the Mrious funds
involved, is hereby authorized to transfer funds appro-
priated for the operation of the Department into the
‘Department of Public Welfare Administration Operating
Fund’ and/or the ‘Department of Public Welfare Assist-
ance Operating Fund’ and all other current revenues
(including but not limited to grants. earnings, allotments,
refunds and reimbursements) and balances on hand, such
amounts as are designated and .authorized by the Depart-
ment of Public Welfare. The State Comptroller shall
transfer between the ‘Department of Public: Welfare
Administration Operating Fund’ and the ‘Department of
Public Welfare Assistance Operating Fund’ such amounts
as are designated and authorized by the Department of
Public Welfare.
. . .
(2) Should the State Department of Public Welfare determine
that a transfer among appropriated State funds is needed to
match Federal Medical Assistance funds then, upon written
authorization of the State Department of Public Welfare,
the State Comptroller of Public Accounts is hereby author-
ized to transfer moneys allocated and appropriated for
p. 2959
The Honorable Raymond W. Vowell, page 4 (H-679)
payments for Old Age Assistance, Blind Assistance,
Children’s Assistance, and/or Disabled Assistance
out of the respective special assistance funds into the
‘Medical Assistance Fund, ’ and the State Department
is authorized to pay Medical Assistance out of said
funds so transferred and appropriated so as to pro-
videAssistance and Medical Assistance to the greatest
extent possible within Federal and State Laws, and
within the limitations of the Texas Constitution and
within the limits of total appropriated funds.
. . .
Medical assistance payments are the subject of federal matching funds.
See e.g., 42 U.S. C. $ 9139bb and 139bdfb).
We do not believe that the 1975 Appropriations Bill has the effect of altering
the authority give~n the Department to transfer-funds-by the rts~tutes set out above,
since it is well settled that a general appropriations act cannot amend
general law, a, Tex. Const., art. 3, $35; Moore V. Sheppard, 192
S. W. 2d 559 ~Tex.Sup. 1946); Linden v. Finley, 49 S. W. 578 ( Tex.Sup.
1899); Attorney General Opinion V- 1254(1951). Accordingly, it is our
opinion that the Department of Public Welfare may transfer appropriated
funds among programs as provided by these statutes.
SUMMARY
The Department of Public Welfare may transfer
appropriated funds among programs as provided by
article 695c, sections 4(12) and 27.
ery truly yours,
A
Attorney General of Texas
p. 2960
The Honorable Raymond W. Vowell. page 5 (H-679)
APPROVED:
DAVID M. KENDALL, First Assistant
ti
C. ROBERT HEATH. Chairman
Opinion Committee
p. 2961