Auwr~~ ILTEXAS 

January 30, 1958 

Honorable Robert S. Calvert 

Comptroller of Public Accounts 

Capitol Station 

Austin, Texas 

Opinion No. 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 construction of 

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 construction of out-patient facilities 

at Dallas and San Antonio?" 

House Bill 169, Acts 55th Legislature, Regular Session, 1957, authorized the establishment of out-patient 

clinics "In such locations as deemed necessary by said Board 

and as money for their operation shall be made available." 

The same session of the Legislature passed House Bill 133, 

which reappropriated to the Board for Texas State Hospitals 

and Special Schools all unexpended balances remaining in the 

State Hospitals Building Fund for certain purposes, fncluding 

"the construction and equipment of new buildings." House 

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

“d’ 

. No money appropriated by this Article 

may be spent for planning or oonstructing new or 

additional institutions, or for the purchase of 

sites therefor, without sgeclfia authorization 

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 construction of out-patient facilities as 

indicated by 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 exists prior statutory 

authorization for the establishment of such facilities. In 

that connection, Attorney General's Opinion WW-207 held that 

"House Bill 156, Acts 21st Legislature, 1889, Chapter 69, 

page 79, constitutes a valid pre-existing law authorizing the 

construction of out-patient facilities in connection with 

San Antonio State Hospital." Further, Attorney General's 

Opinion WW-101 held that "Article 3192a, V.C.S., 1925, as 

amended, is the enacting statute which creates the Dallas 

Psychopathic Hospital as defined in Article 3192, V.C.S., 

1925." This Opinion also noted that such hospital in Dallas 

had never been established, and since the statute creating 

the institution had not been repealed, the same could be 

established at Dallas, Texas, "as a psychopathic hospital for 

the treatment of nervous and mental diseases for both an in 

and out-patient clinlc7" (l3nphasls added). 

- 

It. is clear, therefore, that sufficient pre-existing 

statutory authority exists for the establishment of the facilities in question in both Dallas and San Antonio. Implimented 

by the reappropriation provision of House Bill 133, as cited 

above, we are of the opinion that funds from the State Hospitals Building Fund may 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 construction of 

out-patient facilities at Dallas and San Antonio. 

SUMMARY 

Funds from the State Hospitals Building 

Fund may be used for the purchase of a 
Honorable Robert S. Calvert, Page 3 (WW-353). 

site for out-patient facilities at Ballas 

andSan Antonio, and a portion of the 

same funds may 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