Texas Attorney General Opinion: H-437 Page: 3 of 5
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The Honorable Carlos F. Truan, page 3 (H-437)
these purposes, then and in that event the Legis-
lature is specifically authorized and empowered
to prescribe such limitations and restrictions
and enact such laws as may be necessary in order
that such federal matching money will be avail-
able for assistance and/or medical care for or on
behalf of needy persons.
Article 695c, V. T. C. S., the Public Welfare Act of 1941, in Sec. 4
thereof, delineates the powers and responsibilities of the State Department
of Public Welfare in the administration of welfare activities of the State.
It provides, in Subsection (12):
Notwithstanding any other. . . law, the State
Department of Public Welfare is authorized and emn-
powered, . . . in order that Federal matching money
will be avilable for public welfare programs . . .
to extend the scope of the public welfare programs
and the services provided . . . so as to include , . . .
the entire range of public welfare assistance and/or
services . . . as may be prescribed or authorized
under Federal laws and rules and regulations, as
they now are or as they may hereafter be amended.
If any portion of the public welfare laws or amend-
ments thereto are found to be in conflict with the pro-
visions of the appropriate Federal statutes, as they
now are or as they may hereafter be amended, then
and in that event, the State Department of Public
Welfare is specifically authorized and empowered
to prescribe by means of rules and regulations
such policies as may be necessary in order that the
State may receive and expend Federal matching funds
to the fullest extent possible within the Constitutional
provisions relating to public welfare and in accordance
with the provisions of this Act and the Federal statutes
as they now are or as they may hereafter be amended
and within the limits of appropriated funds.p. 2021
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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/m1/3/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.