Untitled Texas Attorney General Opinion ( 1974 )

Ausrm. TszxA6rsrll
May 2, 1974
The Honorable Ben F. McDonald, Jr., Opinion No. H- 292
Executive Director
Texan Department of Community Affairs Re: Construction of rider
P. 0. Box 13166 Capitol Station to Appropriation Act
Austin, Texas 78711 with reference to grants
to’hulti-purpose human
resource delivery organ-
Dear Mr. McDonald: imations”
Your opinion request concerns the proper construction of an appro-
priation to your agency by the 63rd Legislature (1973) for the fircal years
ending August 31, 1974, and August 31, 197,5. The appropriation is to pro-
vide “aeaiatanee to multi-purpose human reeource delivery organizations, ”
which are not defined in the statute. A rider to this appropriation provides
as followa:’
“Funds appropriated above for assistance to
multi-purpose human resource delivery organizations
may be expended only under contract with s&d organi-
zationa, including private nonprofit corporations char-
tered under the laws of the State of Texas, which comply
with guidelines established by the Governor, and for the
administration of these contracts. The guidelines eetab-
lished by the Governor must insure that the organizations
operate programs designed to meet human resource needs
of the people served, that the organizations have the
approval of the local general purpose government in whose
area they operate, and that the organizations are fi6cally,
administratively, and programmatically accountable to
the state. ” (Acts 1973, 63rd Leg., ch. 659, p. 1786,193O).
You have asked two questions aa follows:
p. 1361
, ‘
The Honorable Ben F. McDonald, Jr,, page 2 (H-292)
“1. May counties and incorporated municipalitier
(including home rule and general law) be con-
sidered as multi-purpose human resource
delivery organizations for the purposes of
distribution under the appropriation?
“2. Does a private nonprofit corporation, such a#
a Community Action Agency, in eubmitting an
application to the Department to receive funds
from this appropriation under guideline8 approved
by the Governor, need to have the application
specifically approved by the local general purpose
governments in whose areas it operate8 if there
same governments have prior thereto already
given general (carte blanche) approval to the
corporation to operate as a whole in their areae?
If so, would the genera1 approval have to be up-
dated or may we rely upon the existing permir-
aion? Should we require evidence of non-revocar
tion of such general approval (Certificate of Good
Standing) ? ”
We beli’eve your first question is answered affirmatively by the provi-
sions of Artic’le 4413(201), V. T. C. S., which creates your department.
Section Z(3) of this Act defines “Local government” as:
“a county; an incorporated municipality: a special
district; any other legally constituted political sub-
division of tbe State; or a combination of political
eubdivisiona. ”
Section 4 specifies your functions, among them, the following:
“(3) provide financial aid to local governments
and combinations of local governments for programs
which are authorized such assistance;”
p. 1362
The Honorable Ben F. McDonald, Jr., page 3 (H-292)
“(9) encourage cooperative actlon by local
governmentn whcre~ appropriate;”
Section 138 pertains to “Multipurpose human reeource center@. ” Ita
pertinent provision8 are:
“(a) In order to: pr.ovide for “tha mort
effective and efficient delivery of human resource
services to the poor population, aa well a(1 the total
population, the Texas Department of Community
Affairs may establish multipurpose human resource
centerr in various communities in the State. ”
“(c) Any State or local governmental agency or
private, nonprofit human resource agency that haa filed
a State or regional plan for delivery of human resource
service6 with the State ie eligible to locate ataff in a
community multipurpoee human resource rervice center. ”
We believe that the effect of the above provision6 clearly allows con-
aideration of countier and incorporated municipalities (including home rule
and general law) as multi-purpose human resource delivery organizations
for the purposes of distribution of the appropriation.
Your second question involves the appropriations rider. One effect
of the rider is to give the Governor authority to control the expenditure of
these funds through the establishment of guidelines for the approval of local
organizations. We have found no specific authority in Article 4413(201) for
the governor to exercise such power. Attorney General Opinion M-1199
(1972) provides at page8 2 and 3 that:
“Aside from the constitutional substantive veto
power of the Governor granted in Article IV, Section
14, Texas Constitution, there is no other authority pro-
vided for him to have a continuing veto power over ex-
penditure of appropriated funds. Any attempt by the
Legislature to delegate to the Governor the power to
p. 1363
, *
The Honorable Ben F.McDonald, Jr., page 4 (H-292)
exercise a continuing veto over euch expenditure8
and at his cwndiacrktionwouldccnstitute an attempt
to increase the Governor’s veto power. Further-
more, if the Legislature attempted to grant such
power by a rider in an appropriation bill, such
rider would amount to general legislation in vio-
lation of Article III. Section 35, Texas Constitution
. . . . 1,
Therefore, it is our opinion that the portion of the rider requiring
compliance with guidelines eetablished by the Governor ia invalid.
SUMMARY
Counties and incorporated municipalities (including
home rule and general law) m~ay be considered as multi-
purpoee human resource delivery organizations for the
purposes of distribution under appropriations to the Texas
Department of Community Affairs. A rider to the .appro-
priation to the Department of Community Affair8 is invalid
inaofar as it requirea compliance with guidelines ertablirhed
by the Governor.
Very truly yours,
JOHN L. HILL
Attorney General of Texas
APPROVED:
DAVID M. KENDALL, Chairman
Opinion Committee
p. 1364