June 24, 1958

Honorable RaymondW. Vowel1 Executive Director Board for Texas State Hospitals and Special Schocls Capitol Station Austin, Texas OpinionNo, ~~-466. Re: Properdisposition 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 opinionwherein you say as follows: "HouseBill 179, Acts, 55th Legislature,R.S.,

1957, authorizes this Board to convey land to the Highway Department for specificpurposes. Said Act further provides that in the event reimbursement is made to this Board the funds shallbe deposited to 'currentAppropriation Items or Accounts for which the expenditureof that characterwere originally made
. 0 .I6 The Texas Highway Department and this Board has been conductingnegotiations with respect to the sale of approximately 31.6 acres of land, a part of theWichita Falls State Hospital,Wichita County, Texas, for the purpose of constructionof a district officebuilding, shops, storagebuilding and other improvements for a complete districtheadquarters. Each Board has agreed on a price of $1,700.00per acre. "Thisoffice has recently correspondedwith the Comptroller of PublicAccounts as to the use of these funds at theWichita Falls State Hospital and they have advised theywill establisha credit for the sale of the land to theWichita Falls State Hospitalbut said funds have not been appropriated and, therefore,would not be available for our use.Honorable RaymondW. Vowell, Page 2 (w-466).

It has been our belief since thebeginning of negotiationswith the Highway Department that the funds received shouldbe deposited in Item 17(general operating expenses )of the Appropriation to theWichita 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 thisyear, it was our opinion that Section 4 of the Special Provisionsrelating to all hospitals,homes, special schoolsand agencies or offices in Article II as found on page 925 of the General and Special Laws of the 55th Legislaturewould authorize the use of these funds during the secondyear of the biennium."
In regard to the fact situationas above statedby you, you desire the answers to four questions.

The first question is: "1
. May the funds receivedby this Board from the sale of land as outlined above be deposited to Item 17 of the Appropriation to theWichita 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:

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. . . If the land,property rights, or material to be acquiredby the State Highway Department are of such a nature~that its acquisitionunder 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 shallbe made, based uvon vouchers drawn for this purpose payable to the furnishing department or agency. Paymentsreceivedby the furnishing department or agency shallbe credited to that department'sor agency's current appropriation items or accounts from which the expenditures of that characterwere originallymade, or if no such items or accounts from which the expendituresof that characterwere orininally made, or if no such item or account exists, then to an account of such deoartment or aaencv determined to be appropriate theretoby the Compzrolier of Public Accounts.
. . ." (Emphasisours)Honorable Raymond W. Vowell, Page 3 (~~-466).

The Item 17 under the Appropriationof theWichita Falls State Hospital,referredto 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 7 8 of said Acts and provides as follows: For years ending: Aug. 31, 1958 "GeneralOperatingExpenses * 31';1959: -~+ (Excludingsalaries & wages) Including other operating expenses, maintenance and repairs and capital outlay for operating the general administration, physical plant, food service, service industries and Medical treatmentprogram, travel expense for transfer of patients including cost of travel of employees escorting such patients, and all other activities for which no otherprovisions are made............ $1,001,207 $1,030,688 ' Insomuch as themoney in questionwould 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 AppropriationAct. Under existing law themoney mentioned shouldnot 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 secondyear of the presentbiennium?" Insomuch as we have not answered QuestionNo. 1 in the affirmative, it is not necessary to answer Question No. 2.

Your third question is: "3

. Ifyour 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 shouldbe deposited to the credit of theWichita Falls State Hospital and remain so deposited until the Legislature,by an appropriateAct, makes some disposition of the funds.

We do not find any Line Item in the current Appropriation Act for theWichita Falls State Hospitalwhich 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 suchpurpose.

Your fourth question is: "Ifyour answer to QuestionNo. 1 is in the negative, are these funds available for use of the Wichita Falls State Hospital for either of theyears of the biennium?"
In our opinion, the funds in question are not available now for theWichita Falls State Hospital for expenditure. An appropriateAct by the Legislaturewill be necessarybefore the funds can be utilizedby theWichita 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 cannotbe expended for any purpose set out in Line Item 17, none of said Itemsbeing appropriate to the purchase of land. The funds in question shouldbe deposited to the credit ofHonorable RaymondW. Vowell, Page 5 (~~-466)

Wichita Falls State Hospital and remain so depositeduntil the Legislature,by an appropriateAct, authorizes some disposition of the funds. These funds are not availablenow 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 

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