Case Information
*1 The Attorney General of Texas
May 18, 1979
MARK WHITE Attorney General Opinion No. MW-2 2
Honorable Chet Brooks, Chairman Senate Committee on Human Resources Re: Constitutionality
State Capitol of Senate Bill 628 providing for payments for Austin, Texas 787R utility service to needy aged individuals.
Dear Senator Brooks:
You have requested our opinion regarding the constitutionality of Senate Bill 626, which would provide assistance to the needy elderly in the payment of monthly utility bills. The program would be administered by the Department of Human Resources and payments would go directly to vendors of the utility services. Eligibility would be limited to any person 65 years or older “who is a member of a household participating in the federal food stamp program or who is paid benefits under the federal supplemental security income program.” _ See 7 U.S.C. SS 2Oll-2027; 42 U.S.C. SS 1381-1383.
You ask if such an expenditure of state funds would violate article 3, section 51 of the Texas Constitution, which prohibits grants of public money to individuals, or article 16, section 6, which provides that “[nlo appropriation for private or individual purposes shall be made.” Although the prohibitions of article 3, section 51 and article 16, section 6 are not applicable if the governmental expenditure is made for a proper 200 Ma,” %za. su,te 4w public purpose, see State v. City of Austin, 331 S.W.2d 737 (Tex. 1960), we do San Antonio. TX~ 18205 not believe that%nate Bill 628 may be so characterized. This office has on <,~,W~-A191
numerous occasions held that similar direct grants on behalf of individuals, paid solely out of state funds, do not serve a proper public purpose. See, An Equal opportunw Aff,rmatlYe Actmn Employer m, Attorney General Opinion Nos. H-602 (1975) (school district may not
purchase personal injury protection or uninsured motorist coverage); H-520 (1975) (county may not contribute public funds to the construction of a facility to be used and operated by a private corporation); C-523 (1965) (state university may not pay an honorarium to an individual making a commencement address); V-609 (1949) (public funds ma not be expended on behalf of victims of spastic or epileptic fits); G-2576 1940) (public welfare T p. 67
Honorable Chet Brooks - Page Two (Mw-22) grants without regard to categories enumerated under article 3, section 51-a are invalid). It is therefore our opinion that Senate Bill 628 is invalid under article 3, section 51 and article 16, section 6 of the Texas Constitution.
We note that article 3, section 51-a of the Texas Constitution permits certain assistance programs when federal matching funds are available. If appropriate federal legislation were enacted, a program of the type you suggest could be implemented by the State of Texas. Otherwise, a constitutional amendment would be required.
SUMMARY A program to provide assistance for payment of utility costs for needy aged individuals would require the passage of federal legislation or a Texas constitutional amendment. ./I /j$glJM
MARK WHITE Attorney General of Texas JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
David B. Brooks
Rick Gilpin
William G Reid
David Young
Bruce Youngblood
p. 68