Texas Attorney General Opinion: C-464 Page: 5 of 12
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Mr. John H. Winters, page 5 (c-464)
Prior to the enactment of Senate Bill 163, the
United States Congress enacted Public Law 88-452, also
known as the "Economic Opportunity Act of 1964", which was
approved on August 20, 1964. As stated in your letter:
". . . the purpose of this Law was to
eliminate poverty by giving needy persons an
opportunity for education, training, and work,
and this purpose was to be accomplished through
grants from the Federal Government to the States
on the basis of approved projects or agreements."
Title V of Public Law 88-452, which is referred to
in Senate Bill 163, authorizes programs designed to help
needy persons and designates the Department of Health,
Education and Welfare as the Federal Agency responsible for
carrying out the provisions of Title V. Section 502 of
Title V of Public Law 88-452 provides in part that:
"In order to stimulate the adoption of
programs designed to help unemployed fathers
and other needy persons to secure and retain
employment or to attain or retain capability
for self-support or personal independence, the
Director is authorized to transfer funds
appropriated or allocated to carry out the
purposes of this title to the Secretary of
Health, Education, and Welfare to enable him
to make payments for experimental, pilot, or
demonstration projects under section 1115 of the
Social Security Act.. ."
We can see from a reading of these portions of
Senate Bill No. 163 that the intention of the Legislature
was to put into effect the necessary plans and law to
carry out the Economic Opportunity Act of 1964.
53 Tex.Jur.2d 180, Statutes, Sec. 125, provides:
"The intention of the legislature in enacting
a law is the law itself, the essence of the law,
and the spirit that gives life to the enactment.
It is the duty of the courts to give full
recognition to the legislative intent. Hence,
the aim and object of construction is to ascertain
and enforce the legislative intent, and not to
defeat, nullify, or thwart it.
"When the intent is plainly expressed in the-2211-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: C-464, text, July 19, 1965; (https://texashistory.unt.edu/ark:/67531/metapth268883/m1/5/: accessed July 13, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.