Texas Attorney General Opinion: M-173 Page: 4 of 11
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Hon. Burton G. Hackney, page 4 (M-173)
are found to be in conflict with the provisions
of appropriate Federal statutes as they now are
or as they may be amended, to the extent that
Federal watching money is not available to the
State for these purposes, then and in that event
the Legislature is specifically authorized and
empowered to prescribe such limitations and
restrictions and enact such laws as may be neces-
sary in order that such Federal matching money
will be available for assistance and/or medical
care for or on behalf of needy persons; and pro-
vided further that the total amount of money to
be expended per fiscal year out of State funds
for assistance payments only to recipients of
Old Age Assistance, Aid to the Permanently and
Totally Disabled, Aid to the Blind, and Aid to
Families with Dependent Children shall never
exceed Sixty Million Dollars ($60,000,000).
"Nothing in this Section shall be construed
to amend, modify or repeal Section 31 of Article
XVI of this Constitution; provided further, how-
ever, that such medical care, services or assist-
ance shall also include the employment of objective
or subjective means, without the use of drugs, for
the purpose of ascertaining and measuring the
powers of vision of the human eye, and fitting
lenses or prisms to correct or remedy any defect
or abnormal condition of vision. Nothing herein
shall be construed to permit optometrists to treat
the eyes for any defect whatsoever in any manner
nor to administer nor to prescribe any drug or
physical treatment whatsoever, unless such optom-
etrist is a regularly licensed physician or
surgeon under the Laws of this State." (Emphasis
added.)
The Federal Law as codified in 42 U.S.C.A., Section
1396b, provides:
"For purposes of this subchapter --
-832-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-173, text, December 27, 1967; (https://texashistory.unt.edu/ark:/67531/metapth269391/m1/4/?q=%221967%22: accessed June 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.