Untitled Texas Attorney General Opinion ( 1974 )

July 25, 1974
The Honorable James J. Kaster Opinion No. H- 355
Chairman
Intergovernmental Affairs Committee Re: Constitutionality of Art.
House of Representatives 6951, V. T. C. S.
P.O. Box 2910
Austin, Texas 78767
Dear Representative Kaster:
As Chairman of the House Intergovernmental Affairs Committee
you have requested our opinion as to the validity of Article 695L Vernon’s
Texas Civil Statutes, (Acts 1971, 62nd Leg., ,R.S., ch. 216, p. 1056.)
Section 1 of the Article reads:
Section 1. The Commissioners Court of every
county in this State, the governing body of each
hospital district, and the governing body of each
city in this State with a population of 10, 000 or
more, according to~the last preceding federal census,
shall establish and maintain a uniform system of
accounting whereby adequate and accurate records
are compiled setting forth all the expenditures made
by the county, city, or hospital district in connection
with any of its welfare assistance programs.
Section 2 provides that the Comptroller of Public Accounts, with
the assistance of the Depa,rtment of Public Welfare and the State Auditor
shall develop and prescribe the uniform system. Section 3 requires
quarterly reports from the governmental bodies listed in Section 1
p. 1671
The Honorable James J. Kaster page 2 (H-355)
setting out all their expenditures in connection with welfare assistance
programs. The report is to be on a form prepared by the Comptroller.
Section 4 provides that the information generated by the reports will
be kept and maintained by the Comptroller to be used by other state
agencies.
Section 51-a of Article. 3 of the Texas Constitution, the section
generally authorizing welfare payments and saving them from other pro-
hibitions of other sections against grants of public funds to individuals,
specifically authorizes statutes such as Article 6951, supra.
.The Legislature shall have the power, by General
Laws, to provide, subject to limitations herein con-
tained, and ,such other limitations, restrictions and
regulations as may by the Legislature be deemed
expedient for assistance grants . . . .
Certainly it cannot be complained that Article 695i is a special
law in violation of Article 3, Section 56 of the Constitution. See Attorney
General Opinion H-8 (1973) and authorities cited there. Nor do we think
it any ground for complaint that there may be counties, hospital districts
and cities covered by the act which have no reportable expendit.ures made
in connection with a welfare assistance program. The filing by such
entities of a. negative report may furnish those interested with an, important
or useful statistic.
In short, we see no reason to hold thatthis is not a valid regulation
ordered by the Legislature under its broad Constitutional powers to
oversee welfare programs.
SUMMARY
The requirements of Article 6951, V. T. C. S.,
that counties, hospital di.stricts and:ertain cities
p. 1672
The Honorable James J. Kaster page 3 (H-355)
must adopt a uniform system of accounting and
make quarterly reports of expenditures made
for welfare programs are valid.
_Very truly yours,
APPR VED:
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~-Attorney General of Texas
A
&TJfiJz
DAVID M. KENDALL, Chairman
Opinion Committee
pa 1673