Hon. Jmnes C. Jones, Bxeoutlve Mwotor 

Veterans Affairs Coamiasion 

Auatln, Texas 

Qplnion Ho. v-687 

R8: Whether Article 316s 

repeals ial'tlcle 3220-1, 

v. c. s., and a related 

question. 

Dear Col. Jones: 

we QUOte fl'Osl QOUl' r8qUeBt for alI OplUiOU (LS 

to11ows: 

9400. 1, APT. 3280~1, R~v~s+~IvI~ 

Statutes, provides for the creation.of a 

SOldlerS' and Sallor~' trolpe, to be Operated 

in conjunction with the Mensfi Confederate 

Home in the City of' Austin. 

"Sec. 1 and 2, Art. 3216a, Revlrred 

Civil Statutes; provide for the adalttanoe 

of senile persona to the Yena* COni8dePate 

Home. 

wQu8rtlonn : 

"1. Inasmuch ao Art. 3216a does not 

carrJr a ssvlngs clause, la It in oonfllot 

with Art. 3220-11 

"2. Does Art. 3216a repeal any 

portion of Art. 3220-11 

“3. m Art. 32204 IS wed stfii 1U 

eifect, doe8 lt,n8CeSCiarily invalidat any 

part of Art. $!16a? 

"4. If Question 3 la anfwered In the 

affirmative, would It be porslble ior the 
Hon. Jsmas C. Jones, Page 2 e-687) 

State of Texas to enter Into negotiations 

with the Federal Government for aeslatmce 

In the support and malntenanoe of the U8nsl 

Confederate HOmS for 8oldi8r8 and Sailors?" 

The statutes to which you have referred are 

not lncompatlble, and an examination of their provisions 

and of the legislative history of the statutes will serve 

to reoonclle them and annver your questions. 

Authority for the original oreation of the Confederate Home la found la Artlola III, Section 51, of the 

Texas Constitution, an&in Acts 1891, page 14, which la 

codified In~Vernon~s Clvll Statute8 a8 Article 3213, et 

Thereafter, by Acts 1939, 46th Leg 

:"1:; the Legislature authorlxed the esta&k&% ??he 

Soldl8rs' and Sailors' HOlDB, whloh, from Its very terms, 

"shall be operated in conjunction with and as a part of 

the COtIf8d8rat8 Home at Austin, TexaE.' 

The Act oFeatIng th8 Soldiers' and Sailors* 

Home authorized the-admlsalon of veterans of the Spanish 

Amsrloan War and of World War I to such Borne, It being 

iocated in and a,part of the Confederate Hone. Thus the 

eliglblllty for admission to such Home was enlarged by 

the Act establlxhlng the Soldiers' and Sailors* Home. 

The admission of senile patients to the Confederate Home, which la Inclusive of the Soldiers1 and 

S$l;,,I Home, wan authorlxed by Aots 1943, 48th Leg., 

Ari. 6 

age 

$1 a. 

18,'codlfled In Vernon's Civil Statutes as 

That Act In no way altered the legislative 

provlalons for add.SSiOn of VeteFanCi to the time. 

The hospital facllltles for senile patients 

w8~lnadeqUate, and authority for the adaaiSSlOn of such 

patients to th8 Confederate Home was Indicated for the 

temporary relief of the situation until adequate and appropriate facllltl8s could be furnished for such senile 

patients. 

%16a, 

This 1s born8 out by Seotlon 6 of Art1018 

which authorlxed auoh admission of senile patients 

to the Confederate Home, as follows: 

"Section 6. The preoedlng provlslons of 

this Act are cumulative of existing law governing the Texas Confederate Home for Men, and it 

la the legislative Intent that xuoh home revert 

to the purposes' for vhlch It has been heretofore 

dedicated, when other faollltles for the Dare of 
: 

Hon. J-S c. Jonex, Page 3 (v-687) 

th8 senile aged patients, contemplated by 

this Aot, '3P8 provldedr" 

This lx further xubxtantlated br the provisions 

of the emergeno~~latise vhioh readx, In part: 

"s8ctlon 7. The fact that there are now 

being nvtlntalned In the State goxpltalx of 

Texas many senile persona who should be uegregated from,other mentally Ill p8raonx, and 

the further faot that there are many senile 

persons In the jallx of Texas awaiting admlaxlon into State Hoxpltalx for mxlntenanae 

and for whom there lx not now adequate room 

In Sttte Hospitals, ore&tea an emergenay. . 

. . . 

Thus, xenile aged patients beoamx additional eligibles for xdmixxlon to the Confederate Horn, there being 

' no Other facllltiex for their ouxtody and tr8atmnt. 

Therefore, Article %16a, V. C. S., which authorlxex the admission of senile aged patient8 to the 

Confederate Home Is, not In oonfllct with nor doex it repeal any portion of Article 3220-1, V. C. S., establlshlng the Soldiers' and Sailors' Horn, as an adjunot of the 

Confederat8 Horn, and the latter statute lx at111 In effeot. 

With Pegard to your laxt quextlon referring to 

the posxlblllt~ of'entering Into negotiations between the 

State of Tex a l s ud the Federal Governnmnt to seoure asslstanoe for th8 support and malntenanoe of th8 Soldl8rr' and 

Sailors' Ii0m8, v8 lr8f8r you t0 the plWVi8iOnx Of Art1018 

3220-1, v. c. s., being Section 9 thereof, vhloh 018tWlp 

l uthorlxex such negotiations, ax follovx: 

"SectIon 9. The Board of Control lx 

hereby authorlxed to enter Into n8gotlatlonx 

:,.: 

and make any agtieenrsntx vlth the United Statex 

Government for axxlxtance in the support and 

maintenance of said 3oldlerx1 and Sallorrr@ 

Home." 
HOG. JS~~S c. 501388, Page 4 (v-687) 

SUMMARY 

Article pl6a, V. C. S., does not repeal 

nor is It In conflict with Artiole 3220-1, 

v. c. 3. 

Th8 Board Of COntrOl Is authorlxed t0 enter Into negotiation8 with the United States 

l3overnment for asslstame In the support and 

maintenance of the Soldiers1 and Sailors' Home. 

Article 3220-1, Seatlon 9, v. c. S. 

Your0 very truly, 

AT!lQRRRPORRXRALOFTRXAS 

DJCrvxb:rt