
§ 22.002. ADMINISTRATION OF FEDERAL WELFARE 
PROGRAMS.  (a) The department is the state agency designated to 
cooperate with the federal government in the administration of 
Titles IV, XIX, and XX of the federal Social Security Act.  The 
department shall administer other titles added to the act after 
January 1, 1979, unless another state agency is designated by law to 
perform the additional functions.  The department shall cooperate 
with federal, state, and local governmental agencies in the 
enforcement and administration of the federal act, and shall 
promulgate rules to effect that cooperation.
	(b)  The department shall cooperate with the United States 
Department of Health, Education, and Welfare  and other federal 
agencies in a reasonable manner and in conformity with the 
provisions of this title to the extent necessary to qualify for 
federal assistance for persons entitled to benefits under the 
federal Social Security Act.  The department shall make reports 
periodically in compliance with federal regulations.
	(c)  The department may establish and maintain programs of 
assistance and services authorized by federal law and designed to 
help needy families and individuals attain and retain the 
capability of independence and self-care.  Notwithstanding any 
other provision of law, the department may extend the scope of its 
programs to the extent necessary to ensure that federal matching 
funds are available, if the department determines that the 
extension of scope is feasible and within the limits of 
appropriated funds.
	(d)  If the department determines that a provision of state 
welfare law conflicts with a provision of federal law, the 
department may promulgate policies and rules necessary to allow the 
state to receive and expend federal matching funds to the fullest 
extent possible in accordance with the federal statutes and the 
provisions of this title and the state constitution and within the 
limits of appropriated funds.
	(e)  The department may accept, expend, and transfer federal 
and state funds appropriated for programs authorized by federal 
law.  The department may accept, expend, and transfer funds 
received from a county, municipality, or public or private agency 
or from any other source, and the funds shall be deposited in the 
state treasury subject to withdrawal on order of the commissioner 
in accordance with the department's rules.
	(f)  The department may enter into agreements with federal, 
state, or other public or private agencies or individuals to 
accomplish the purposes of the programs authorized in Subsection 
(c) of this section.  The agreements or contracts between the 
department and other state agencies are not subject to the 
Interagency Cooperation Act (Article 4413(32), Vernon's Texas 
Civil Statutes).
	(g)  In administering social service programs authorized by 
the Social Security Act, the department may prepay an agency or 
facility for expenses incurred under a contract with the department 
to provide a social service.
	(h)  The department may set and charge reasonable fees for 
services provided in administering social service programs 
authorized by the Social Security Act.  The department shall set the 
amount of each fee according to the cost of the service provided and 
the ability of the recipient to pay.
	(i)  The department may not deny services administered under 
this section to any person because of that person's inability to pay 
for services.

Acts 1979, 66th Leg., p. 2340, ch. 842, art. 1, § 1, eff. Sept. 1, 
1979.  Amended by Acts 1981, 67th Leg., p. 2232, ch. 530, § 1, 
eff. Aug. 31, 1981;  Acts 1983, 68th Leg., p. 3872, ch. 616, § 1, 
eff. Sept. 1, 1983.

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Last modified: August 10, 2007