### 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 OpinionNO. ~~-756

Re: May the Board for Texas State Hospitals and Special Schools allocate money to the Harlingen State TuberculosisHospital 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 'ReserveAppropriation' indicated above to the Harllngen State Tuberculosis Hospitalmoney for the payment of salaries of personnel engaged in the contact study,provided such salaries shallnot 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 suchpurpose?"

The "contact study" referred to in your first question is described In your request as follows:Mr. Raymond W. Vowell, page 2 (~~-756)

"ThisBoard in cooperationwith private individualsand local governmentalagencies has been conductinga 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 efficientmethod of hospitilization. fiployees of the Harlingen State Tuberculosis Hospital have been contacting the families and Immediateassociates and friends of persons admitted from Willacy County to the Harlingen State TuberculosisHospital. Various testshave been made on thesepersons in an effort to det~ermine whether or not theyhave become infectedwith tuberculosisand in need of care and treatment. This program has been highly successfuland has resulted In the hospitilization ofminimal cases, thereby reducing the overall costs to the State."

The Reserve Appropriationto 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 (GeneralAppropriationAct), ismade for the following purposes:

"There Is hereby appropriated to the Board for Texas State Hospitals and Special Schools, for allocationby the Hospital. Board to existing institutionsunder its jurisdiction for emer enc for expenditure fir-=== and

throu contractualarrange- ments as hereinafter described, the sum of

. . .' (Emphasisours).

The riders following this appropriation contain the following language:

"a. Upon a finding by the HospitalBoard that an emergencyneed exists for the medical treatment, feeding, housing or care of patients
or studentsat any institutionunder its jurisdjction as of September 1, 1959, saidHospital Eoard may allocate to and authorize expenditure by such institutionany sum out of the reserve appropriationherein made.Mr. RaymondW. Vowell,page 

### 3 (w-756)

"'Dnergencypurposes'and 'emergency needs' shallmean and include only unforeseeable conditions such as the purchase and
use of more efficaciousdrugs that may become available for the treatment of patients
or students, the purchase and preparation of food essential for feedingpatients and students, the employment of physicians or nurses or a+tendants or other personnel for the treatment and care of patients which significantlyexceed in number the patientloadsprovided for in the regular appropriations to hospitals and special schools, or the repair or replacement of facilities damaged or destroyedby fire, flood,wind,
or otherunforeseeable disasters. It is not the intent of the Fifty-sixth Legislature that this reserve appropriationbe expended for the general improvement of programs vided for in regular appropriations. --$%$hasis ours).
"Approvedallocations from this reserve appropriationmay be expended for salariesand wages, includingprofessional fees and services, only if such rates of expenditureare 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 constructiononly for emergency purposes and needshereinabove described.

"b. Gut of this reserve appropriationherein made, the Hospital Board may also pay for obllgations incurred through contracturalarrangements with local, communityhospitals for the care or treatment of patients or studentsforwhich 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 authorizedby law;provided,however, that the rates of salariesand wages, or of professional fees and services,paid under such contractual arrangements shallnot exceed those stipulated in Section 2b of this Article; and provided further that all such contractual arrangements shallhave the advance, written-. .

Mr. RaymondW. Vowell, page 4 (~-756)

approval of the Governor after obtaining the advise of the LegislativeBudget Board.

It is noted from the above the the ReserveAppropriation 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 patientswhich "significantlyexceedsin number the tion" and ( )repair or replacement of facilitiesdamaged or

fl atlent-loadsprovided for in the regular appropriadestroyedby unforeseen disasters.

The principles of statutory constructionap licable to your request are stated in 39 Texas Jurisprudence 1 8-189, 8 Statutes, Section 100, as follows:

"Themaxim Expresslounius est excluslo alterius (the expression of one thing is exclusive of another) is said to be a logical, sensibleand sound rule of construction;and it has been frequently applied in the construction of statutesas well as in the interpretation of other documents. Themaxim signifies that the expressmention or enumeration of ore person, thing, conseauence or class is tantamount to an express exclusion of all others. Andwhen it is applicable,affirmativewords imply a negative of what is not affirmed, negative words imply an affirmative of what is not negatived; and a provision limitinga thing to be done in a particular form or manner implies that it shallnot be done otherwise."

Since the Legislaturehas specifically limited the Reserve Appropriationto the four purposes listed above, in answer to your first question, it is our opinion that the appropriation cannotbe 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 Appropriationwherein 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. RaymondW. Vowell, Page 5 (~~-756)

None of the items of appropriation to the Board for Texas State Hospitals and Special Schools or the Harlingen State TuberculosisHospital aremade 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 TuberculosisHospitalmay be used for suchpurposes.

In this connection,House Bill 421, Acts of the 56th Legislature,Regular Session, 1959, Chapter 181,page 379 (Article4477-11, 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 localhealth authorities shallkeep
a careful and accurate record of all cases of tuberculosisas reoorted to them with the date, name, age, sex,rack, location,and such other

. necessary data asmay be prescribed by the Texas State Department of Health. Such health authorities shallmake a monthly report of all tuberculosis cases Op which theymay be cognizant to the Departmentbefore the fifth of the following month upon blank forms provided by the Department. These reportsmay be used by the Department for any and all purposes consistentwith the care and treatment of individualsafflicted with tuberculosis, for researchpurposes, for statistical purposes, for investigativepurposes, 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 infectedwith tuberculosis in
an infectiousand contagious state and to provide hospitalization for those admitted to a State tuberculosishospital. The appropriation to carry out such program ismade 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. RaymondW. Vowell, page 6 (~~-756)

SUMMARY
Neither the appropriationto the Board for Texas State Hospitals and Special Schools nor to the Harllngen State TuberculosisHospital nor the Reserve Appropriationto the Board for Texas State Hospitals and Special Schoolsmay be used for the purpose of paying salaries of personnel to carry out a researchprogram of testing the families, immediate associates and friends of individuals admitted from a particular county to the Harlingen State TuberculosisHospital.

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