. A_,.

November 20, 

### 1957

Honorable Raymond W. Vowel1 Acting Executive Director OpinionNo,W-302.

Board for Texas StateHospi- Ret Authority for the Board tals and Special Schools for Texas StateHospitals Box S, Capitol Station and Special Schools to exAustin, Texas pend moneys appropriated to it to reimburse the Texas Youth Council for facilitiesand equipment remaining at the Texas Blind Deaf and Orphans Schoo i on the abandonment Dear Mr.Vowell: of the present site.

Your request for an opinionreads as follows:

"The TexasYouth Councilhas requested from this Board funds to assist them in relocating the Texas Blind, Deaf & Grphan School as authorized by SenateBill 

### 478,Acts, 55th Legislature, R.S., 

### 1957. The problems encounteredby the Youth Council are sufficiently stated in a letter from Hon. JamesA. Turman,Acting Executive Director, to theHon. Ban Ramsey, LieutenantGovernor, dated November 

### 1,:1957,a copy ofwhich is enclosed for your Information.

"It is the desire of this Board to assist the Youth Council If possible;however we have considerabledoubt as to the availabilz!ty of funds to accompli* this purpose. In order that
we might give a definite answer to the Youth Council's request, it Is requested that we have z;znopinionof your office on the following ques- :

"Does this Boardhave authority to use any of the funds appropriated to this Board or its institutionsby House Bill 

### 133,Acts, 55th Legislature, R.S., 

### 1957,to accomplish this,purpose?n
According to the letter from the Honorable JamesA. Furman,Acting BxecutiveDirector, referred to in your request,Honorable Raymond W.Vowell, page 2 

### (W-302)

the TexasYouth Council desires that the Board for Texas State Hospitals and Special Schools reimburse the Youth Council for thevalue of va,rious facilities equipmentand furnishing~at thzhnresent site of the Texas Blind,Deaf and OrphansSchool 0

Sections 1, 2 and 

### 3 of Senate Bill 

### 478,Acts of the 55th Legislature,Regular Session, 

### 1957,Chapter 

### 389,provides
as follows:

"Section 1. The Texas Youth Council is hereby authorized to relocate the State Blind, Deaf and Orphans School now situated on Bull Creek Road in the City of Austin, Texas, to a more suitable site.

Wet. 2. From funds appropriated in the general appropriationbill, the Texas Youth Council is directed to constructa new Blind, Deaf and Orphans School.

"Sec. 

### 3. The Texas Youth Council is authorized to enter into an inter-agency contract with the Board for State Hospitalsand Special Schools for the purpose of transferringthe present site of the Blind, Deaf and Orphans School to the Board for Texas StateHospitals and Special Schools for use by the Hospital Board as it
so needs. The Texas Youth Council is further authorized to accept by an inter-agencycontract suitable land now owned or acquired by the Hospital Board for the purpose of constructinga new Blind, Deaf and Orphans School. Should the State Hospital Board not have a suitable tract of land for such purposes, then in such event the State Hospital Board shallpurchase a suitable tract of land in or near Austkn, Texas to be approved by the TexasYouth Council in exchange for the present facilitiesat the Blind, Deaf and OrphansSchool. TheHospital Board is authorized to purchase such site out of any funds appropriated to them by House Bill No. 

### 133 of the 55th Legislature;provided,however, such monies shallnot be appropriated or transferred from any medical treatment funds, for the purpose of thisAct.

Item 5'

of the appropriationfor the use and benefit of the Blind, Deaf and Orphans School contained in House Bill 

### 133,Honorable RaymondW. Vowell, page 

### 3 (W-302)

Acts of the 55th Legislature,Regular Session, Chapter 

### 385, provides:

"For the Years Ending August 1,

8 

### 195 ""1;;; 

### 31,

"For constructing equipping, paying architect's fees and furnishing a new institution at a site selectedby the State Youth Councilwith the prior approval of the governor after obtaining the advice of the LegislativeBudget Board. Construction of institutionand the procurementof a site to be in accordancewith the rovisions of Senate Bill 

### 47fi 55th Legislature

............I.... $1,514,000 U. B,"
Section 1 of Senate Bill 478 authorizes the Texas Youth Council to locate the State Blind, Deaf and Orphans School. Section 2 authorizes the TexasYouth Council to constructa new Blind, Deaf and OrphansSchool. Section3 authorizes the Texas Youth Council to transfer to the Board for Texas State Hospitals and Special Schools the present site of the Blind, Deaf and Orphans School. Section 3 further authorizes the Youth Council to accept land of the Hospital Board to be used as a site for the new school,and specificaJ.lyprovides that in the event the Hospital Board does not have a suitable tract of land, it shall purchase such site from any money appropriated to the Board other thanmedical treatment funds.

The purchaseof the tract of land by the Hospital Board to be approved by the Youth Council is "in exchange for the present facilitiesat the Blind, Deaf and Orphans School." Thus, the Legislaturehas specificallyprovided that the reimbursement to the Youth Council for the present siteand facilitieswill be land purchasedby the Board for Texas State Hospitals and Special Schools to be used as the site for the new plant to be constructedby the Youth Council out of moneys appropriated for that purpose. You are thereforeadvised that the Board for Texas StateHospitals and Special Schools is not authorized to reimburse the Youth Council for facilities, equipment and furnishing at the present site of the Blind, Deaf and Orphans School other than by the purchase of land above mentioned.Honorable RaymondW. Vowell, page 4 (WW-302)

The Board for Texas State Hospitals and Special Schools is authorized to purchasea suitable tract of land in or near Austin, to be approved by the Texas Youth Council in exchange for the present site, facilities equipmentand furnishing at the Texas Blind, Dea

4 and Orphans School Plant, but is not authorized to reimburse the Youth Council for the reasonablevalues thereof other than by the tract so purchased.

Yours very truly,

WILL WILSON Attorney General of Texas

JR:am:wb

APPROVED:

OPINION COMMITTEE

Geo. P. Blackburn, Chairman Leonard Passmore J. C. Davis, Jr. John H. Minton, Jr. Wayland C, Rivers, Jr. Assistant

REVIEWED FOR THEATTORNEY GENERAL

BY: James N. Ludlum