June 24, 1958 

Honorable Raymond W. Vowel1 

Executive Director 

Board for Texas State Hospitals 

and Special Schocls 

Capitol Station 

Austin, Texas Opinion No, ~~-466. 

Re: Proper disposition of 

funds derived from sale 

of land by the Board for 

Texas State Hospitals 

Dear Mr. Vowell: and Special Schools. 

We have your request for opinion wherein you say as 

follows: 

"House Bill 179, Acts, 55th Legislature, R.S., 

1957, authorizes this Board to convey land to the 

Highway Department for specific purposes. Said Act 

further provides that in the event reimbursement 

is made to this Board the funds shall be deposited 

to 'current Appropriation Items or Accounts for 

which the expenditure of that character were originally made . 0 .I6 The Texas Highway Department 

and this Board has been conducting negotiations 

with respect to the sale of approximately 31.6 

acres of land, a part of the Wichita Falls State 

Hospital, Wichita County, Texas, for the purpose 

of construction of a district office building, 

shops, storage building and other improvements 

for a complete district headquarters. Each 

Board has agreed on a price of $1,700.00 per 

acre. 

"This office has recently corresponded with the 

Comptroller of Public Accounts as to the use of 

these funds at the Wichita Falls State Hospital 

and they have advised they will establish a credit 

for the sale of the land to the Wichita Falls State 

Hospital but said funds have not been appropriated 

and, therefore, would not be available for our use. 
Honorable Raymond W. Vowell, Page 2 (w-466). 

It has been our belief since the beginning of 

negotiations with the Highway Department that 

the funds received should be deposited in 

Item 17(general operating expenses ) of the 

Appropriation to the Wichita Falls State Hospital and Vernon Branch as found on page 887 

of the General and Special Laws of the 55th 

Legislature, R.S., 1957. While the funds may 

not be available for use during this year, it 

was our opinion that Section 4 of the Special 

Provisions relating to all hospitals, homes, 

special schools and agencies or offices in 

Article II as found on page 925 of the General 

and Special Laws of the 55th Legislature would 

authorize the use of these funds during the 

second year of the biennium." 

In regard to the fact situation as above stated by you, 

you desire the answers to four questions. 

The first question is: 

"1 . May the funds received by this Board from 

the sale of land as outlined above be deposited to 

Item 17 of the Appropriation to the Wichita Falls 

State Hospital?" 

Our answer to this question Is in the negative. Subsection 2 of Section 4 of House Bill Number 179, Acts, 55th 

Legislature, Regular Session, 1957, Chapter 300, Page 729, provides in part as follows: 

I! . . . If the land, property rights, or material 

to be acquired by the State Highway Department are 

of such a nature~that its acquisition under the 

provisions of this Act will deprive any such department or agency of the State of a thing of value to 

such department or agency in the exercise of its 

lawful functions, then adequate compensation therefor shall be made, based uvon vouchers drawn for this 

purpose payable to the furnishing department or agency. 

Payments received by the furnishing department or 

agency shall be credited to that department's or 

agency's current appropriation items or accounts 

from which the expenditures of that character were 

originally made, or if no such items or accounts from 

which the expenditures of that character were orininally made, or if no such item or account exists, then 

to an account of such deoartment or aaencv determined 

to be appropriate thereto by the Compzrolier of Public 

Accounts. . . ." (Emphasis ours) 
Honorable Raymond W. Vowell, Page 3 (~~-466). 

The Item 17 under the Appropriation of the Wichita Falls 

State Hospital,referred to in your request, is a part of House 

Bill 133, Acts, 55th Legislature, 

page 870. 

Re ular Session, Chapter 385, 

Item 17 appears at Page 8 8 7 of said Acts and provides 

as follows: 

For years ending: 

Aug. 31, 1958 

"General Operating Expenses 

* 31'; 1959: -~+ 

(Excluding salaries & wages) 

Including other operating expenses, maintenance and repairs 

and capital outlay for operating 

the general administration, 

physical plant, food service, 

service industries and Medical 

treatment program, travel expense for transfer of patients 

including cost of travel of 

employees escorting such patients, 

and all other activities for 

which no other provisions are 

made............ $1,001,207 $1,030,688 ' 

Insomuch as the money in question would be derived from 

the sale of the land, it should only be expended for that purpose. 

There is no kinship between "land" and the items, or any of them, 

set forth in Line Item 17 of the said Appropriation Act. Under 

existing law the money mentioned should not be expended for any 

purpose enumerated in Line Item 17. None of said items is aooropriate to the primary purpose to 

namely, the purchase of land. 

which the fund is available;* 

The second question is as follows: 

"2. If your answer to question No. 1 is in ^ . ._ .- 

the a+fimatlVe, then are those f‘unds available 

for use either during the first or second year 

of the present biennium?" 

Insomuch as we have not answered Question No. 1 in the 

affirmative, it is not necessary to answer Question No. 2. 

Your third question is: 

"3 . If your answer to Question No. 1 is in 

the negative, then to what account should these 

funds be deposited?" 
Honorable Raymond W. Vowell, Page 4 (~~-466). 

In our opinion the funds should be deposited to the 

credit of the Wichita Falls State Hospital and remain so deposited until the Legislature, by an appropriate Act, makes some 

disposition of the funds. 

We do not find any Line Item in the current Appropriation Act for the Wichita Falls State Hospital which would be 

the appropriate Line Item to which these funds could be transferred. The funds in question are earmarked for the purchase 

of land and there Is no present law authorizing said hospital 

to buy land and no existing appropriation for such purpose. 

Your fourth question is: 

"If your answer to Question No. 1 is in the 

negative, are these funds available for use of 

the Wichita Falls State Hospital for either of 

the years of the biennium?" 

In our opinion, the funds in question are not available 

now for the Wichita Falls State Hospital for expenditure. An 

appropriate Act by the Legislature will be necessary before the 

funds can be utilized by the Wichita Falls State Hospital. 

We have not found it necessary, in view of the facts 

set out by us and existing laws, to pass on the constitutionality of that part of said House Bill 179, which delegates to 

the Comptroller, under stated conditions, the choice of the 

Line Item to which certain funds may be appropriated. 

SUMMARY 

Under existing law and under the 

facts to which said law is applied, the 

money mentioned cannot be expended for 

any purpose set out in Line Item 17, 

none of said Items being appropriate to 

the purchase of land. The funds in question should be deposited to the credit of 
Honorable Raymond W. Vowell, Page 5 (~~-466) 

Wichita Falls State Hospital and 

remain so deposited until the Legislature, by an appropriate Act, authorizes some disposition of the funds. 

These funds are not available now for 

the Wichita Falls State Hospital for 

expenditure. 

Assl,stant Attorney Genera.4 

GPB:mc:pf 

APPROVED: 

OPINION COMMITTEE 

L. P, Lollar, Chairman 

Marvin H. Brown, Jr. 

Jack Goodman 

Richard Stone 

REVIEWED FOR TRE ATTORNEY GENERAL 

B3T: W. V. Geppert 

:’ .. ,. ’8 

‘. J