Case Information
*1 OFFICE OF THE Al-i’ORNEY GENERAL OF TEX&5
AUSTIN
gau0c.M --
Eonorable Tcm k. Craven county Auditor
IcoLeman colmty
kaco, Texas
Dear sir:
nion of this de- stoted has been . partncint oi t received.
the plan herelnaf ter a part of a revolving rslr,ation of tho Focd intaot to KaLeman I(3). Gin ~.:cI.orxl3.n countg, out of it3 fUDd6, pay its propartionate rart of the coat oi rentals for facilities in v;hioh to house the %od Staq >liq Oi’fiC38?”
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Honorable Toz A. Craven, page 2 *Anew way of distributing surplus foods is being tried out. Instead of &ving sur-glus cor- codities to States .I couAtic2, and cities which in the past hove distributed thazi to Dco,7la rocoiving publio aid,. the yedersl Govsr.tx.ont will give Pcod order staips to these people directly. m-2 atsaps, which will bc aolored blue, can be taken to gocery stores where they can be used to obtain surplus foods as additions to the present family food sup- ~pliss+
WDveryone currently receiving surplus o~ffi- ruodities will now be eligible to participate in the surplus comodity food star:, plan. In addi- tion, people hvrking on ?j?A jobs, and all other persons .receiving or cari;ified for any fororn of pnbllo aid, can get the stxmps if they want then,
*The f00a atamp plan is being carried out by the Department of Agriculture in oooperation with city, county, and State welfare agencies and the grooers. The idea Is to nuke use of som of the ram products of which there has been a surplus because people did not have the money to buy then.
Litany fanilies hava been going without eno@ of the roodsthat are needed to.ksop childrec and gram-up people healthy, at the very sam ,tine that famsrs hnd zore of these foods than house- wives could buy.
"The nain idea of ths food Stan? plan is the 8axe as the idsa of the comoditp distribution that people are familiar with -- to u3e part of the Pam surplus to give city fanilie3 a chance to Cave batter balanced diets; Eor?-aver, the star;p plan is different fro3 the old distribution p,larr..aa it!oporated,
"If this plan is adopted in 2:oLeansn County, in the future, thsre will not bo any surplus co;=odity dopots. The T::ennrtxsnt of &&culture *;ill u3~;a the surplus food pr;Cllcts. E'sople lisi,ng the stmps CQA go ri&t to the grocery stores thst am coo~sr+ing in the prsg~ar; and us0 the on:-plus food order stangs to get any of t&&e surplcw csmod.ities that they want. leopla usiny the stazps will have a widar va- riety of su rplm cexmdities t,o ciiooss fnm than they had at the distribution depot.
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Honorable Tczi A. Craven, Page 3
Trro n&hods of distribut.ias the surplus food order sfa~ps will ba UEQ~. ena group, in- cluding those who ar% at Varrk on :!Ps projects and those who are reoeiving, or certified as'eli- gible to receive, publio asaizztanos, aid t.o the dependent children, and aid to ths blind, ~111 be eligible to gat th% free bl.ce surplus stazzps,if they buy orange colored food order at&zps, with part of thofr aPA or assistance paylzents. These orange colored 8taEp8, which will be gmd for the purchase of any in a grocery f00a usually sOld store, are to be bought-at the rate of aggroxi- matsly $1 a seek p%r,persoo for each'ne~bar of the faaily.
+Por 'each two weeks pay p%~lod,.therafor%, the eligible person would &v% to purchase orange colored stags at the rata of $2 per insnber of' his ftiily. Their use is to Insure that r%gul.ar food purchases. are kept ut, so that food secured with the blu% surplus stZizps will be in addition to and not fn place of these regular purchases.. ', One blue surplus staz@ will be &ven,fr%e with each~tvo oragce s$amps bought. $aoh'&tsp, whether blue.or'orange,.wIll be good for 25 cents xor:th of rood. For eaah $l'worth of brangs'stazp~ bought, the fanfly will reoeiva~M cen,ts wdrth..o~:teea.plue staaps. yor exanple,' a,-'f&&flp: '~,~~&:',bu.j'; ~za~ wo,.th of ,orang% staiilps Will get $4 worth of blue surplus stamps without extra dost. Sectional of +,rticle 23&e-2, F&n~n!~~'Aon~tat%d ~,~., '.
Civil Statutes, reads: : . -, :,,
Vh% County Cozziissioners Courts and tte City Coz~ls~ion of any incorporabod tovm or city of this State are hereby authorized-to lsas?, rent, 0: .p,gg-v+_do.qfPFce sfa%wfdr tfie~~jkT$oa%'~of ~aJdI@~ana cooperating with the azencias of the Ststs asd ?e?eral Govcrtieots ongaged int3e ad- ninistratios of relief to tte unsnpioyed or nesdy people or t5% State of 'icxaa, an-3 to pay the raz- ulqr monthly utility bi1l.s for such offices, such as lights, gas, and water; aaci whsn in the opic- ion o$ a aa:aJority of e CozGssior,ers 'Cxrt of a comtg such office sgac3 is os:;ential~ to t5e prop- er edzinintration OI+ such a,:%nci%a or either the State or Federal Govexzmnts, sr:ld Colrrt is hereby agecifically author:z%d to py fo:: sa&:e acd Tar the r$gulsr monthly utility bills for such officae *4 , 62 Honorable TOzk A. Craven, Page 4
out ofthe Countyfs cemral Tuz& by warrants aa In the sayzent of such other obligations or the count Y."
7b c;UOt8 fI"JZI TaXa JlUisplWdQuC8, vO1W8 11,~pp.
564 and 565, as follows:
-CoIxnl~ssioners' courts are courts of 1l!nit- ed jurisdiction, in that their authm:ty extenda only tq zatters pastaining to the geaornl walfare
i of their resgmtive counties and that their povlere are only thosa express1.y or izgliedly conferred upon thea by law, .-- that is, by the oontititution a&d statutesof the state.* Tee the cases of Sun Vapor Zlectric Light Co. v, Keenan, 30 S. :cz. 868; Hill County Y. fianllton, 273 9. -I?:'. 292; Seward v. Falls County,
246 5. 7;. 728. 38 quote irmthe ease of Cozmissionors* Co& V. Eellace, 15 S. ci.~ (21%) 555, as -follozvs:,,.
Vhe Cozzissfoners Court is a creature ot the State Constitution an8 its passers are llrcited end controlled by the Constitution and the laws es passed by the LegislatL-e."
.?e are uhable to tiud any authoritythat:-expressly or lr~liedly authorizes the Comissionersl Court to do any thing Eentioaed in your first tv;o qusstions. Therefore your questions 3. and 2 are respeCtfUlly ansuzerod in the ne~ati78.
Article 2372e-2, supra, speoiZ'icaliy aub.horizes the oonnty com.zission3rs'~ court to lease, rent, or provide officci space for the purpose of aid and cooperating with the agencies of the ,Stato ana Federal GovernEonts mga5ed in the adr;ini3tration of relief to the uucnployed or needy ~- St@5 aF;dj+,~,~::s,~,-t:1Ed-:Te~U~~gG-~D;i~y ‘Ut$klitp I$&~&!$;$~ o~Ii‘ic,8~; such-$..-~i$he;, ias, 'ritiC water;. vihen in ths opinion or 3 jzzjority of t& cszissioners of said court of t.ho county such office s;ace is essential to the proz3r ackinistr:~tlon of sucha;cncias of eithar tke State or ~odersl Govsrumnts. As i':e un:?srstnr?d the Plots stated in your inquiry The yood Sts-p 2larP is opsrated under the s'ugervision o?T the F&era1 Gavermant. Therefore your thZrd qusstion is nnsmre9 in the affirr.lc!tive.
Eonorable 'lam $. Craven, Page 5
';rusting that ths foregoIng fully answers your jncciries, we r32afn b
Yours very trnly r
Art%11 WilliamS Assistant 9. ‘a .’
ATTORNEY GEWERAL.or' Tmfj