Untitled Texas Attorney General Opinion ( 1974 )

The Honorable Ben F. McDonald, Jr. Opinion No. H- 289
Executive Director,
Texas Department of Community Affairs Re: Whether Parks & Wildlife
P. 0. Box 13166, Capitol Station Dept. may furnish food
Austin, Texas 78711 and housing as part of com-
pensation paid to employees
under federally funded pro-
Dear Mr. McDonald: gram for youths.
You have submitted twio questions to u’s concerning a proposed program
to operate a State Youth Conservation Corps this summer. The program
authorized by the United States Congress, October 27, 1972, under the
provisions of Public Law 92-597. will provide federal funds to employ
.youths aged fifteen through eighteen to work in Texas state parks for a
period of eight weeks. The youths will work approximately thirty hours
a week to perform various maintenance tasks in the parks.
The Texas Department of Community Affairs (hereafter, Community
Affairs) entered a cooperative agreement with the United States Depart-
ment of Agriculture and the United State Department of the Interior on
December 13, 1973, to serve as the “prime grantee” responsible for
arranging the State Youth Conservation Corps Program,
Community Affairs and the Texas Parks and Wildlife Department
(hereafter, Parks and Wildlife) propose to implement the program under
an interagency cooperation contract whereby Parks and Wildlife would
be responsible for actual operation of the program this summer. Under
such a contract,+ Community Affairs would reimburse Parks and Wildlife
for a portion of the operating costs incurred in the program,
One of the federal requirements governing the operation of the program
is that some arrangement must be made for the youths to secure adequate
food and housing for the duration of their employment at the state park,
The most expedient and surest method to provide food and housing to the
youths is for Parks and Wildlife t.o protide it, either directly or through
an independent contractor,
p, 1348
The Honorable Ben F, McDonald, page 2 (H-289)
Your questions are:
1. Under the circumstances set forth above, is Parks and Wildlife
legally empowered to expend funds for feeding and housing the youths
it employs ?
2. If the above question is answered in the affirmative, do
Community Affairs and Parks and Wildlife have the legal authority
to enter an interagency cooperation contract whereby Community
Affairs reimburses a portion of the costs incurred by Parks and Wild-
life in providing such food and housing?
The answer to your first question would depend upon (1) the existence
of general legislation authorizing the Parks and Wildlife to engage in the
described activities (Article 3, Sec. 44, Constitution of Texas) and (2) a
specific appropriation for those purposes (Article 8, Sec. 6. Constitution
of Texas).
Bearing in mind that all powers, duties and authority of the State
Parks Board have been transferred to Parks and Wildlife (Article 978f-3a.
Vernon’s Texas Penal Auxiliary Laws, See, 4), we are of the opinion
that there is ample pre-existing general law to authorize the expenditure
,.
you describe,
Article 6070b, V. T, C, S, ,
“Sec. 1. The Texas State Parks Board is hereby
authorized and empowered to acquire State park sites
by purchase, gift or otherwise, and to improve,
beautify and equip, and to contract with any person,
firm or corporation for the improvement, beautification
or awipment of the State parks of this State to such
an extent as to said Board mightbe deemed advisable.,
The authority herein given to purchase is limited to
two years from the effective date of this Act a . , . ”
(Emphasis added)
The Parks and Wildlife Department has ample authority to contract
for the maintenance of srate parks by virtue of Set; 1 of Article bOYlr,
V>T.C.S., which provides. 13 part:
The Honorable Ben F. McDonald, Jr., page 3 (H-289)
I! . . , The Parks and Wildlife Department is hereby
authorized and directed to cooperate . . . with all other
departments of the state and local governments . . . .
It is the intent of the Legislature to add to the purposes,
functions and duties of. . . counties, to acquire lands
for public recreation purposes, to construct thereon
facilities for public use, to provide for the operation,
maintenance and supervision of such public recreation
areas, and to enter into agreements with other local,
state or Federal Agencies for planning, construction,
maintenance, and operation of such facilities, together
with necessary access roads thereto, and to maintain
adequate. sanitary gitsndards. on the.lan&and water. areas
as a. patt of and adjacent to such recreation areas. ”
(Emphasis added)
And see Attorney General Opinion H-170 (1973).
We think that clearly if Parks and Wildlife finds it necessary or
convenient to furnish to its employees both lodging and meals as part
of their compensation, it has the authority to do so.
It has been suggested that Sets, 50 and 51 of Article 3 of the Texas
Constitution would prohibit the use of these funds. We have had numerous
occasions to write concerning the requirements of these sections and
have concluded, with ample judicial support, that they require only that
the expenditure of funds be made for a proper public purpose. State v.
City of Austin, 331 S ~ W, 2d 737 (Tex. 1960); Attorney General Opinions
C-584 (1966); H-143 (1973); O-4140 (1941).
Whether there is such a purpose is a decision for the Department
which will be overturned by the courts only if it is clearly arbitrary.
Appropriations for the proposed purposes may be found in the General
Appropriations Act for 1974 - 1975 [Acts 1973. 63rd Leg., ch. 659, p.1786)
in items 7‘1 l2xuid’23 of the. appropriation to the Parks and Wildlife Depart-
ment at pages ,2005 and 2007, as follows:
“7, Seasonal and Part-time help 667. 754 52b. 972
p: 1350
The Honorable Ben F. McDonald, Jr., page 4 (H-289)
“12. Park Improvements
l’A.State Comprehensive Outdoor
Recreation Plan - - for up-
dating Texas’ comprehensive
outdoor recreational plan,
including personal services,
classified personnel, travel
and other expenses 327, 295 335,606
“B.Maintenance, repairs and equip-
ment; including wages and other
expenses, whether by contract
or direct payments, in exist-
ing State Parks 459,750 ,l, 142, 700
, & U. B.
“23. There is hereby appropriated from
the Texas Park Fund, pursuant to
Article 4 of House Bill 730, Acts
of the Sixty-Second Legislature,
Regular Session, 1971, for the pur-
pose of planning, acquisition and
development of State parks and
State historic sites. Such expend-
itures include, but are not limited
to, salaries and wages, professional
services and fees, travel, capital
outlay, including land and improve-
ments thereto, and all other neces-
sary costs and expenses whether by
contract or direct payments. ‘I 12,000,000 12,000,000
& U. B.
The receipt and use of federal funds for these purposes is expressly
authorized by Section 19 of Article V of the Appropriations Act (supra. at
p. 2208) and by rider to the Parks and Wildlife appropriation at page 2012,
We therefore answer your first question that, in our opinion, Parks
and Wildlife is legally empowered to expend funds for feeding and housing
the youths it employs,
p. 1351
.
.
The Honorable Ben F. McDonald, Jr., page 5 (H-289)
The program in question was authorized by Public Law 92-597,
86 Stat. 1319 amending the Youth Conservation Corps Act of 1970
(Public Law 91-378, 84 Stat. 794). The original act provided a youth
conservation corps as a pilot program within the Departments of
IntCrior and Agriculture. The amendment extended the program to
pilot programs on state lands financed by federal grants.
Reciting the high unemployment rate among young people 16- 19
years of age, the report of the House of Representatives recommending
Public Law 92-597 (House Report No. 92-1460, 1972 U.S. Cong. and
Ad. News, p. 4943) states its purpose to be “to provide additional
employment for young people ages 15 through 18 . . . ”
The Community Affairs was created by Acts 1971, 62nd Leg., ch. 879,
p. 2697 [now found as Article 4413 (2011, V, T. C. S. ]. One of the powers
expressly conferred upon the Department by that Act is found in its
Sec. 4(12) requiring the Department to “administer, as appropriate, State
responsibilities for programs created under . . . federal acts creating
economic opportunity programs. ‘I
In our opinion, the program of the Youth Conservation Corps Act is
an economic opportunity program and is one the Department of Community
Affairs is expressly directed to administer on behalf of the State.
The Interagency Cooperation Act, Art. 4413 (32), V. T, C. S. authorizes
and encourages contractual arrangements between various arms of the
State government to carry out its functions. Section 3 provides:
“Any state agency may enter into and
perform a written agreement or contract
with other agencies of the state for furni-
shing necessary and authorized special or
technical services, including the services
of employees, the services of materials,
or the services of equipment = . . . ”
It is our opinion that the two statutes, Article 4413 (201) and Article
4413 (32). V. 1. C.S., acting in concert, give to Community Affairs the
general authority to act on behalf of the State under the Youth Conser-
vation Corps Act and to contract with Parks and Wildlife to acrually
p. 1352
The Honorable Ben F. McDonald, page 6 (H-289)
implement the program by putting young people to work. We are
further of the opinion that these acts would authorize expenditures
to feed and house those youths so employed.
Among the appropriations to Community Affairs (Appropriation Act
for fiscal 1974-1975. supra, at p.1929) is item 9 “Grants to State
Agencies and local Governments”. As in the case of Parks and Wildlife,
the use of federal funds is expressly authorized by the Appropriations
Act, supra at p. 2208. And see Sec. 25 of Article V of the Approp-
riations Act, supra, at p. 2209.
In summation, it is our opinion that there is both pre-existing
general law and specific appropriations authorizing the Department
of Co-unity Affairs and the Parks and Wildlife Department to enter
into an interagency cooperation contract to carry out the program of
the Youth Conser~vation Corps Act, including the expense of feeding
and housing young people employed by it.
SUMMARY
The Parks and Wildlife Department is authorized
to expend funds to feed and house young people employed
by it in maintaining state parks and is authorized to con -
t-act with the Department of Community Affairs for the
reimbursement of those expenses, or a part of them, with
federal funds,
Very truly yours,
Attorney General of Texas
I
.
The Honorable Ben F. McDonald, Jr., page 7 (H-289)
APPJ++WjjD:
DAVID M. KENDALL, Chairman
Opinion Committee
p. 1354