Texas Attorney General Opinion: H-437 Page: 4 of 5
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The Honorable Carlos F. Truan, page 4 (H-437)
By amendments to the federal laws in 1972, most welfare programs
based on federal matching funds were repealed as of January 1, 1974.
P. L. 92-603, Sec. 303(a), p. 1737 (1972). However, although the federal
laws (42 U. S. C. Sec. 601, et seq. ) providing for grants to states for
aid to needy families with dependent children were amended [P. L. 92-603,
Sec. 299E(e), p. 1711, for example], that program of matching federal and
state funds was not repealed.
Our answers to your questions are based on the law as it has existed
both before and after the adoption of P. L. 92-603. To your first question
we answer that the Legislature does have authority to enact
legislation authorizing a matching formula of 50% state dollars with 50%
federal dollars for grants for and to needy families with dependent children.
As to your second question, it is our opinion that Article 695c, Sec. 4(12),
quoted above, was designed to take maximum advantage of the federal program.
We are unable to discern any statutory limitation on the minimum percentage
of matching federal funds for AFDC.
Your third question involves the rule-making authority of the Department
of Public Welfare in instances where state and federal law do not conflict.
It is our conclusion that the Legislature has not attempted to empower
the Department of Public Welfare to prescribe policies by rules and regu-
lations altering the effect of state statutes if a conflict does not exist
between state statutes and federal statutes or regulations which would
deprive the state of federal funds were the conflict not resolved.
Your third question is narrow and this response is limited accordingly.
We do not pass upon the scope or the validity of any delegation of power
which the Legislature has made to the Department of Public Welfare.
SUMMARY
The Legislature has the authority to enact welfare
legislation which utilizes a formula of matching dollar
for dollar all federal funds available for individual
grants to recipients of Aid to Families with Dependent
Children. The Legislature has not attempted to empowerp. 2022
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Texas. Attorney-General's Office. Texas Attorney General Opinion: H-437, text, October 30, 1974; (https://texashistory.unt.edu/ark:/67531/metapth270962/m1/4/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.