OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable Charlie Pigg, Chaim8n, 

Comalttee on Eleemosynsry InStitutions 

House Of RepIWSent8tiVeS 

Austin, Texas 

Dear Mr. Pigg: 

8s the Texas 

TeX8e 8Ild S81d 

ed and empowered 

811 females 

training who laay 

elves orwho may 

in the manner and 

er provided. 

ern%ng bO8rd of this inatltuoaed of the aqpeDl&etident of 

e Independent School districts in 

stltution Is situated and the city 

or county health officer of the district In 

which this Institution is located, and those 

members ah811 select 8 third member. These 

three members shall be the governing bbdy for 

this Institution end shell receive no pay for 

the performance of their duties. 
Honorable Charlie Plgg, page 2 

"SECTION 2. Any judge of 8 County Court in 

the County where an 811Sged female between the 

ages of twelve 8nd twenty years inclusive is 

brought by any peace officer or voluntarily 

come6 before 8ny County Judge and is guilty of: 

"1. Being found to be an infectious carrier 

of 8 veneral disease, may, if such committing 

County Judge adjudge that It is for the welfare 

of such female that she be placed in the hospital and training center be committed to the 

Texas School for not more than one year. The 

above mentioned institution Is hereby authorized 

to receive and detain females so committed. 

"SECTJON 3. Such commlttment shall be for 

any period of time not exceeding one year. A 

commlttment made under this section which shell 

recite the fact upon which it is based, shall 

not be invalid by reason of any lmperfqctlons or 

defects in form. 

:.:.v. "SECTION 4. Any person committed under the 

provisions of this 18W to said FnstltutlOns m8y 

be released or paroled therefrom 8t8ny time 

after her cotumlttment upon the written certlflcate of the responsible head of the institution, 

setting forth the reasonr-for such release or 

parole, to which is attached an lndorsement of 

the heed of the Medic81 Staff of said lnstltutlon. Nhen 811 lnm8te of said institution is dlsmissed, 8.copy of the records pertaining to such 

Individual shell be filed and reoorded in the 

Court of Commlttment." 

It Is the opinion of this department th8t the Committee amendment, if enacted into law, would constitute such 

"pX+eXi8thg law" under Section 44 of Article III, requiring 

8 pl'e-eXlsting 18W 8s would authoriee~a legisl8tiVe approprlatlon of money out of the treasury. Of course, the amendment 

if enacted would not itself constitute 8n appropriation, since 

It c8rrles no specific appropriation, neither would the State 

in any event be liable, unless and until the Legislature should 

make 8 specific appropriation in pursuance of the Act. 

If the amendment were to contain 8 clause speclflcally stating th8t the State would in no event be liable pecunlar- 
Honorsble Charlie Plgg, page 3 

fly to any extent under the terms of such Act, then no Legislature could thereafter make an appropriation ln the face of 

the provisions of Se&Ion 44, Article XVI, above mentioned. 

Very truly yours 

ATTORNEY GENERAL OF TEXAS 

By (s) Ocie Speer 

Assititsnt 

0S:ff 

APPROVED MAR. 31, 1943 

(s) Ger8ld C. Mann 

ATTORNEY GEXERU OF lpExA3 

. 

APPROVED 

Opinion Committee 

By. B.W.B. Chalrm8n