Texas Attorney General Opinion: JM-1135 Page: 2 of 7
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Dr. Robert Bernstein - Page 2
department to establish application procedures and eligi-
bility guidelines for the state grants. Section 2.03
enables the board to adopt rules relating to the services
furnished under the program, the priorities of the program,
and a process for resolving disputes between the department
and a program receiving funds. While only a third of the
available funds are to be used for education, prevention
and risk reduction, V.T.C.S. art. 4419b-4, 5 2.03(g), the
department is to give special consideration to organizations
that serve persons under 18 years of age. 2.03(d).
Section 2.03(f) requires education grants to be distributed
so as not to duplicate existing programs and to provide
education services to "populations engaging in behaviors
conducive to HIV transmission." Section 2.04 requires
programs funded under article 2 to use information and
educational materials that are consistent with the current
findings of the United States Public Health Service. The
department is to evaluate funded programs, it. 2.06, and
to require funded programs to submit records specified by
the department. IdL 2.08. The department is also
required to review financial records of programs funded
under this article. 14_ 2.09. Apparently the department
developed the guidelines,1 a copy of which was submitted
with your letter, pursuant to section 2.02(a).
Section 2.02(a) of the act grants the department
express authority to develop eligibility guidelines for
grant applicants. However, an administrative agency is
bound to exercise its powers consistently with the statute
that grants them. See., e.c., Railroad Comm'n v. Shell Oil
Co., 161 S.W.2d 1022 (Tex. 1942); Gulf Coast Water Co. v.
Cartwriqht, 160 S.W.2d 269 (Tex. Civ. App. - Galveston 1942,
writ ref'd w.o.m.).
Your questions concern the department's responsibility
for the grant program established in article 2. Your first
question reads as follows:
What is the proper construction of Subsection
1. We understand that the guidelines, now identified
as being in "draft form," have not been formally adopted or
published in the Texas Register pursuant to the
Administrative Procedure and Texas Register Act, article
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1135, text, 1990; (texashistory.unt.edu/ark:/67531/metapth273573/m1/2/: accessed February 23, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.