THE.*~RTORNEY GENERAL 

OFTEXAS 

A~~~NI~.TE~A~ 

December 9, 1959 

Mr. Raymond W. Vowel1 

Executive Director 

Board for Texas State 

Hospitals and Special Schools 

Box S, Capitol Station 

Austin, Texas 

Opinion NO. ~~-756 

Re: May the Board for Texas 

State Hospitals and Special Schools allocate 

money to the Harlingen 

State Tuberculosis Hospital for the payment of 

salaries for personnel 

engaged In a tuberculosis 

Dear,Mr. Vowell: contact study. 

You have requested an opinion on the following 

questions: 

"1. May this Board allocate from the 

'Reserve Appropriation' indicated 

above to the Harllngen State Tuberculosis Hospital money for the payment of salaries of personnel engaged 

in the contact study, provided such 

salaries shall not exceed those stlpulated in Section 2b of Art. II, H.B.4, 

supra? 

"2. If your answer to the above is in the 

negative, may any funds appropriated to 

this Board or the Harllngen State Tuberculosis Hospital be used for such purpose?" 

The "contact study" referred to in your first question 

is described In your request as follows: 
Mr. Raymond W. Vowell, page 2 (~~-756) 

"This Board in cooperation with private 

individuals and local governmental agencies 

has been conducting a case contact study in 

South Texas, but because of limited funds, 

have been forced to confine their activities 

to WiZlacy County. We have considered this 

program to be research designed to determine 

a more efficient method of hospitilization. 

fiployees of the Harlingen State Tuberculosis 

Hospital have been contacting the families 

and Immediate associates and friends of persons admitted from Willacy County to the 

Harlingen State Tuberculosis Hospital. Various 

tests have been made on these persons in an 

effort to det~ermine whether or not they have 

become infected with tuberculosis and in need 

of care and treatment. This program has been 

highly successful and has resulted In the 

hospitilization of minimal cases, thereby reducing the overall costs to the State." 

The Reserve Appropriation to the Board for Texas State 

Hospitals and Special Schools contained in House Bill 4, ,kcts 

of the Third Called Session of the 56th Legislature, Chapter 

23, page 442 (General Appropriation Act), is made for the 

following purposes: 

"There Is hereby appropriated to the 

Board for Texas State Hospitals and Special 

Schools, for allocation by the Hospital. 

Board to existing institutions under its 

jurisdiction for emer enc 

for expenditure throu fir-=== contractual arrange- and 

ments as hereinafter described, the sum of 

. . . ' (Emphasis ours). 

The riders following this appropriation contain the 

following language: 

"a. Upon a finding by the Hospital Board 

that an emergency need exists for the medical 

treatment, feeding, housing or care of patients 

or students at any institution under its jurisdjction as of September 1, 1959, said Hospital 

Eoard may allocate to and authorize expenditure 

by such institution any sum out of the reserve 

appropriation herein made. 
Mr. Raymond W. Vowell, page 3 (w-756) 

"'Dnergency purposes' and 'emergency 

needs' shall mean and include only unforeseeable conditions such as the purchase and 

use of more efficacious drugs that may become available for the treatment of patients 

or students, the purchase and preparation of 

food essential for feeding patients and students, the employment of physicians or 

nurses or a+tendants or other personnel for 

the treatment and care of patients which 

significantly exceed in number the patientloads provided for in the regular appropriations to hospitals and special schools, or 

the repair or replacement of facilities 

damaged or destroyed by fire, flood, wind, 

or other unforeseeable disasters. It is 

not the intent of the Fifty-sixth Legislature 

that this reserve appropriation be expended 

for the general improvement of programs 

vided for in regular appropriations. --$%$hasis 

ours). 

"Approved allocations from this reserve 

appropriation may be expended for salaries and 

wages, including professional fees and services, 

only if such rates of expenditure are in accordance with Section 2b of this Article; for travel 

only in instances Involving the transfer of patients; for drugs, hospital supplies, food, equipment, repairs, and construction only for emergency 

purposes and needs hereinabove described. 

"b. Gut of this reserve appropriation herein 

made, the Hospital Board may also pay for obllgations incurred through contractural arrangements 

with local, community hospitals for the care or 

treatment of patients or studentsfor which the 

Board for Texas State Hospitals and Special Schools 

is legally responsible, or for the provisions of 

diagnostic services, medical treatment, or custody 

of persons, as authorized by law; provided,however, 

that the rates of salaries and wages, or of professional fees and services, paid under such contractual arrangements shall not exceed those 

stipulated in Section 2b of this Article; and 

provided further that all such contractual 

arrangements shall have the advance, written 
-. . 

Mr. Raymond W. Vowell, page 4 (~-756) 

approval of the Governor after obtaining the 

advise of the Legislative Budget Board. 

It is noted from the above the the Reserve Appropriation is to be used for: (1) treatment of patients or students; 

(2) purchase and preparation of food essential for feeding 

patients or students; (3) the employment of personnel for the 

treatment and care of patients which "significantly exceeds in 

number the 

tion" and ( fl ) repair or replacement of facilities damaged or 

atlent-loads provided for in the regular appropriadestroyed by unforeseen disasters. 

The principles of statutory construction ap licable to 

your request are stated in 39 Texas Jurisprudence 1 8 8-189, Statutes, Section 100, as follows: 

"The maxim Expresslo unius est excluslo 

alterius (the expression of one thing is exclusive of another) is said to be a logical, 

sensible and sound rule of construction; and 

it has been frequently applied in the construction of statutes as well as in the interpretation of other documents. The maxim signifies that the express mention or enumeration 

of ore person, thing, conseauence or class is 

tantamount to an express exclusion of all others. 

And when it is applicable, affirmative words 

imply a negative of what is not affirmed, negative words imply an affirmative of what is not 

negatived; and a provision limiting a thing to 

be done in a particular form or manner implies 

that it shall not be done otherwise." 

Since the Legislature has specifically limited the Reserve Appropriation to the four purposes listed above, in answer to your first question, it is our opinion that the appropriation cannot be expended for the purpose of paying salaries 

of personnel to conduct the research study outlined in your 

request.' We are supported in this view by the express language 

contained in the riders to the Reserve Appropriation wherein 

it is stated: 

"It is not the intent of the Fifty-sixth 

Legislature that this reserve appropriation 

be expended for the general improvement of 

programs provided for in regular appropriations." 
Mr. Raymond W. Vowell, Page 5 (~~-756) 

None of the items of appropriation to the Board for 

Texas State Hospitals and Special Schools or the Harlingen 

State Tuberculosis Hospital are made for the purpose of carrying out the program outlined In your request. You are, therefore, advised that none of the funds appropriated to the Board 

for Texas State Hospitals and Special Schools or the Harlingen 

State Tuberculosis Hospital may be used for such purposes. 

In this connection, House Bill 421, Acts of the 56th 

Legislature, Regular Session, 1959, Chapter 181, page 379 

(Article 4477-11, Vernon's Civil Statutes) is a lengthy and 

detailed act for the control, care and treatment of tuberculosis, with the ultimate goal being the eradication of tuberculosis in Texas. Subdivision (b) of Section 4 of House Bill 

421 reads as follows: 

"All local health authorities shall keep 

a careful and accurate record of all cases of 

tuberculosis as reoorted to them with the date, 

name, age, sex,rack, location, and such other . 

necessary data as may be prescribed by the Texas 

State Department of Health. Such health authorities shall make a monthly report of all tuberculosis cases Op which they may be cognizant to 

the Department before the fifth of the following 

month upon blank forms provided by the Department. 

These reports may be used by the Department for 

any and all purposes consistent with the care and 

treatment of individuals afflicted with tuberculosis, for research purposes, for statistical 

purposes, for investigative purposes, with the 

ultimate goal being the eradicatior of ,tuberculosis in Texas." (mphasis ours). I 

Thus, the duty of carrying out the research program outlined in your request is placed In the Texas State Department of 

Health and the local health authorities; not the Board for Texas 

State Hospitals and Special Schools. The duty of the Board for 

Texas State Hospitals and Special Schools is to provide suitable 

facilities for persons found to be infected with tuberculosis in 

an infectious and contagious state and to provide hospitalization for those admitted to a State tuberculosis hospital. The 

appropriation to carry out such program is made to the Department of Health's appropriation contained in House Bill 4, Acts 

of the 56th Legislature, Third Called Session, 1959, rather 

than in the appropriation to the Hoard for Texas State Hospitals 

and Special Schools. 
Mr. Raymond W. Vowell, page 6 (~~-756) 

SUMMARY 

Neither the appropriation to the Board 

for Texas State Hospitals and Special 

Schools nor to the Harllngen State 

Tuberculosis Hospital nor the Reserve 

Appropriation to the Board for Texas 

State Hospitals and Special Schools may 

be used for the purpose of paying salaries 

of personnel to carry out a research program of testing the families, immediate 

associates and friends of individuals 

admitted from a particular county to the 

Harlingen State Tuberculosis Hospital. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

JR:mfh 

APPROVED: 

OPINION COMMITTEE 

C. K. Richards, Chairman 

Bob Eric Shannon 

Tom I. McFarllng 

Linward Shivers 

Joe Allen Osborn 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: W. V. Geppert