. A_,. 

November 20, 1957 

Honorable Raymond W. Vowel1 

Acting Executive Director 

Opinion No, W-302. 

Board for Texas State Hospi- Ret Authority for the Board 

tals and Special Schools for Texas State Hospitals 

Box S, Capitol Station and Special Schools to exAustin, Texas pend moneys appropriated 

to it to reimburse the 

Texas Youth Council for 

facilities and 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 opinion reads as follows: 

"The Texas Youth Council has requested from 

this Board funds to assist them in relocating 

the Texas Blind, Deaf & Grphan School as authorized by Senate Bill 478, Acts, 55th Legislature, 

R.S., 1957. The problems encountered by the 

Youth Council are sufficiently stated in a letter from Hon. James A. Turman, Acting Executive 

Director, to the Hon. Ban Ramsey, Lieutenant Governor, dated November 1,:1957, a copy of which is 

enclosed for your Information. 

"It is the desire of this Board to assist 

the Youth Council If possible; however we have 

considerable doubt 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;znopinion of your office on the following ques- 

: 

"Does this Board have authority to use any 

of the funds appropriated to this Board or its 

institutions by House Bill 133, Acts, 55th Legislature, R.S., 1957, to accomplish this,purpose?n 

According to the letter from the Honorable James A. 

Furman, Acting Bxecutive Director, referred to in your request, 
Honorable Raymond W. Vowell, page 2 (W-302) 

the Texas Youth Council desires that the Board for Texas State 

Hospitals and Special Schools reimburse the Youth Council for 

the value of va,rious facilities equipment and furnishing~at 

thzhnresent site of the Texas Blind, Deaf and Orphans School 

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 appropriation bill, the Texas Youth 

Council is directed to construct a 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 Hospitals and Special 

Schools for the purpose of transferring the present site of the Blind, Deaf and Orphans School 

to the Board for Texas State Hospitals 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-agency contract 

suitable land now owned or acquired by the Hospital Board for the purpose of constructing a 

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 shall purchase a suitable tract of land in or near Austkn, Texas to 

be approved by the Texas Youth Council in exchange for the present facilities at the Blind, 

Deaf and Orphans School. The Hospital 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 shall not be appropriated or transferred 

from any medical treatment funds, for the purpose of this Act. 

Item 5' of the appropriation for the use and benefit of 

the Blind, Deaf and Orphans School contained in House Bill 133, 
Honorable Raymond W. Vowell, page 3 (W-302) 

Acts of the 55th Legislature, Regular Session, Chapter 385, 

provides: 

"For the Years Ending 

August 1, 

195 8 

""1;;; 31, 

"For constructing equipping, 

paying architect's fees and 

furnishing a new institution 

at a site selected by the 

State Youth Council with the 

prior approval of the governor 

after obtaining the advice of 

the Legislative Budget Board. 

Construction of institution and 

the procurement of a site to be 

in accordance with the rovisions of Senate Bill 47 fi 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 Texas Youth Council to construct a new Blind, Deaf and Orphans School. Section 3 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.ly provides 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 than medical treatment 

funds. 

The purchase of the tract of land by the Hospital 

Board to be approved by the Youth Council is "in exchange for 

the present facilities at the Blind, Deaf and Orphans School." 

Thus, the Legislature has specifically provided that the reimbursement to the Youth Council for the present site and facilities will be land purchased by the Board for Texas State Hospitals and Special Schools to be used as the site for the new 

plant to be constructed by the Youth Council out of moneys 

appropriated for that purpose. You are therefore advised that 

the Board for Texas State Hospitals 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 Raymond W. Vowell, page 4 (WW-302) 

The Board for Texas State Hospitals and Special 

Schools is authorized to purchase a suitable tract 

of land in or near Austin, to be approved by the 

Texas Youth Council in exchange for the present site, 

facilities equipment and furnishing at the Texas 

Blind, Dea 4 and Orphans School Plant, but is not authorized to reimburse the Youth Council for the reasonable values 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 THE ATTORNEY GENERAL 

BY: James N. Ludlum