### HE.Li-!I-l-ORNEY GENERAL OFTEXA~

Honorable RaymondW. Vowel1 Acting ExecutiveDirector Texas State Hospitals and Special Schools Austin, Texas Opinion No. 

### WW-331 Re: Can the Hog Farm Revolving Fund be reimbursed to the

Dear Mr. Vowell: extent of the value of any pork furnished to other Institutionsunder the supervisionof the Board for Texas State Hospitals and Special Schools? You have requested our opinion on whether or not the Hog Farm Revolving Fund may be creditedwith receipts from other Institutionsunder the supervisionof the Board for Texas State Hospitals and Special Schools to the extent of the value of the meat furnished the various Institutions.

The Hog Farm RevolvingFund was provided for in House Bill 

### 133,Acts 55th Legislature,Regular Session, 1957, Chapter 

### 385,page 

### 906,which reads as follows: "For the Years Ending August 

### 31, 1958 August 

### 31,

1959 "HOGFARM: "Out of Central Supply RevolvingFund: "There is hereby approprlated from any balance remaining in the Central Supply Service Revolving Fur&as of August 

### 31; 1957, for the establlshment of a Hog Famn'Revolving Fund to be used In theHonorable RaymondW. Vowell, Page 2 

### (WW-331)

"For the Years Ending August 

### 31, 1958 August 

### 31,

1959 operation of a Hog Farm at Leander, Texas, the sum of, or somuch

. thereof as may be

available

. . . . . . . . $20,000 U.B. "ThisFarm shallbe operated on a relmbursable basis to serve Institutionsunder such rules and regulations as may be established by the Hospital Board. This fund,~ togetherwith all receipts deposited to Its credit,may be used to pay salaries,purchase suppliesand equipment,and to pay such other expenses as may be necessary for the efficient operation of theHog Farm." In the above sectionof the appropriationbill, the Legislature clearly expressed its Intent to establish a Hog Farm Revolving Fund, which fund was to be continually replenished by receipts from the several institutionsunder supervision of the Board for Texas State Hospitals and Special Schools to the extent of any meat used by said schools and hospitals.

In Attorney General's OpinionNo. WW-320, It was stated that the Hog Farm was part of the Texas State HospltaIs and Special Schools and any sum of money appropriated to the Hog Farm was appropriated to the central office of the Board for Texas State Hospitals and Special Schools, and themoney so appropriatedwas to be expendedby thatbranch for thepurpose Indicated In the appropriationbill.

The Hog Farm RevolvingFund which was setup by the 55th Legislature, clearlyprovided that the Hog Farm was to be operated on a reimbursablebasis to providemeat for institutions under such rules and regulations as may be establishedby the Hospital Board. The funds in the Hog Farm RevolvingFund could be expended only for the purpose of operating the Hog Farm by the Hospital Board for the benefit of various Institutions InHonorable RaymondW. Vowell, Page 

### 3 (WW-331)

administering the RevolvingFund.

It Is our opinion that the provisions of House Bill 

### 133, set out above, clearly express the intent of the Leglslature that the Hog Farm Is tobe supported out of a Revolving Fund, which fund Is to be reimbursedby the several Institutions to the extent of any meat used by said lnstltutlons. Further, the above provision of House Bill 

### 133 specificallyprovides for this accountingprocedure.

It is further our opinion that the supplying of meat to these institutionsdoes not Involve a purchase or sale,but instead, Is merely a self-supportingsupplyprocedure for which each Institutionunder the State Board for Hospitals and Special Schools Is to pay its proportionate share of the expense Involved In maintaining the perpetual supply of freshmeat.

SUMMARY

The Hog Farm RevolvingFund Is to be administeredby the State Board for Texas State Hospitals and Special Schools for the benefit of the various lnstltutlonsunder said Board. Therefore, the intent of the Legislature,as expressed In the appropriationbill which provided for reimbursement to the RevolvingFund by the using Institution and the accounting procedure therefor,does not involve such a transfer or sale as was prohibitedunder any existing statute. Further, the Revolving Fund may be creditedwith receipts from other Institutions to theHonorable RaymondW. Vowell, Page 4 (WW-331)

extent of any meat furnished said Institution. Yours very truly,

WILL WILSON Attorney General of Texas

)4$rnmAAh 0 0 B Llnward Shivers Assistant

-Y a.&w 7 Galloway alhoun, Jr. Assistant LS:GC:pf:jl APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman J. C. Davis, Jr. John Reeves W. V. Geppert Leonard Passmore REVIEWED FOR THE ATTORNEYGENERAL BY: James N. Ludlum