Auwr~~ ILTEXAS

January 

### 30, 1958

Honorable Robert S. Calvert Comptrollerof Public Accounts Capitol Station Austin, Texas OpinionNo. 

### WW-353 Re: May funds from the State Hospitals Building Fund be used for the purchase of a site for out-patient facilities at Dallas and San Antonio? May a portion of the same funds be used for the constructionof out-patient facilities at Dear Mr. Calvert: Dallas and San Antonio?

You have requested the opinion of this office on the following questions: "(1) May funds from the State Hospitals Building Fund be used for the purchase of a site for out-patient facilities at Dallas and San Antonio? "(2) May a portion of the same funds be used for the constructionof out-patient facilities at Dallas and San Antonio?"
House Bill 169, Acts 55th Legislature,Regular Session, 1957, authorized the establishmentof out-patient clinics "In such locations as deemed necessary by said Board and as money for their operation shallbe made available." The same session of the Legislaturepassed House Bill 

### 133, which reappropriatedto the Board for Texas State Hospitals and Special Schools all unexpendedbalances remaining in the State Hospitals Building Fund for certainpurposes, fncluding "the constructionand equipment of new buildings." House Bill 

### 133 also included a specialprovision as follows:Honorable Robert S. Calvert, Page 2 (Ww-353).

“d’

. No money appropriatedby this Article may be spent for planning or oonstructingnew or additional institutions,or for the purchase of sites therefor,without sgeclfiaauthorization of the Legislature

. . . We are advised that the Board now desires to use a portion of the reappropriated funds for the purchase of a site and the constructionof out-patient facilities as indicatedby your questions.

We are of the opinion that funds have been appropriated and are available for the purposes indicated. Such funds may be used for the purchase of sites and construction of out-patient facilities if there existsprior statutory authorization for the establishmentof such facilities. In that connection,Attorney General's OpinionWW-207 held that "HouseBill 

### 156,Acts 21st Legislature,

### 1889,Chapter 

### 69, page 79, constitutesa valid pre-existing law authorizing the construction of out-patient facilities in connectionwith San Antonio State Hospital." Further, Attorney General's OpinionWW-101 held that "Article 3192a,V.C.S., 1925, as amended, is the enacting statutewhich creates the Dallas PsychopathicHospital as defined in Article 3192,V.C.S., 1925." This Opinion also noted that suchhospital in Dallas had never been established,and since the statute creating the institutionhad not been repealed, the same couldbe establishedat Dallas, Texas, "as a psychopathichospital for the treatment of nervous and mental diseases for both an in and out-patient clinlc7" (l3nphasls added). -
It.is clear, therefore, that sufficientpre-existing statutoryauthority exists for the establishmentof the facilities in question in both Dallas and San Antonio. Implimented by the reappropriationprovision of House Bill 

### 133,as cited above,we are of the opinion that funds from the State Hospitals Building Fundmay be used for the purchase of a site for out-patient facilities at Dallas and San Antonio, and a portion of the same funds may be used for the constructionof out-patient facilities at Dallas and San Antonio. SUMMARY Funds from the State Hospitals Building Fund may be used for the purchase of aHonorable Robert S. Calvert, Page 3 (WW-353).

site for out-patient facilities at Ballas andSan Antonio, and a portion of the same fundsmay be used for the construction of out-patient facilities at Dallas 9ndSan Antonio.
Yours very truly,
WILL WILSON Attorney General of Texas

B. H. Timmlns, Jr. Assistant BHT:jl APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman Ralph R. Rash Jack Goodman J. Mark McLaughlin REVIEWEBFORTHEATTORNEYGENERAL BY: W. V. Geppert