December 20, 1957 

Honorable Raymond W. Vowel1 

Acting Executive Director 

Opinion No. WW-329 

Board for Texas State Hospitals Re: Were the appropriations 

and Special Schools' under Article II, House 

Austin, Texas Bill 133, Acts, 55th 

Legislature, R.S., 1957, 

pages 908-911, made to 

the Board for Texas 

State Hospitals and 

Special Schools Central 

Office or made directly 

to the institutions 

Dear Mr. Vowell: concerned? 

You have requested our opinion on whether the appropriations for major repairs, rehabilitation and replacement of 

buildings, found in House Bill 133, Acts, 55th Legislature, R.S. 

1957, Chapter 385, pages 908-911, were made to the Individual 

institution concerned, or to the Board for Texas State Hospitals and Special Schools Central Office. 

Under.the heading "State Hospitals and Special 

Schools Building Program", Acts, 55th Legislature, R.S. 1957, 

Chapter 385, page 908, the Legislature has prefaced the major 

repairs, rehabilitation and replacements appropriations as 

follows: 

"There is hereby reappropriated to the Board 

for Texas State Hospitals and Special Schools for 

each of the fiscal years of the biennium covered 

by this appropriation, any unexpended balances 

remaining in the State Hospitals Building Fund 

appropriated by H.B. No. 111, Chapter 81, Acts, 

Fifty-third Le islature, Regular Session, 1953, 

and H.B. No. 1 8 0, Acts, Fifty-fourth Legislature, 

Regular Session, 1955, including accrued Interest, 

for the payment of expenses of architectural and 

engineering plans, the construction and equipment 

of new buildings, the repair and rehabilitation 

of buildings, the employment of construction 

project Inspectors, mechanics and laborers as 

may be necessary, to pay travel expenses for such 

construction project supervisors only, and to pay 
Honorable Raymond W. Vowell, Page 2 (WW-329) 

all claims against the prior appropriation of 

these funds which are now barred or may be barred 

by the operation of Article 4357, Revised Civil 

Statutes. 

"The Board for Texas State Hospitals and Special 

Schools, In carrying out the construction, repair, 

and rehabilitation program as authorized by this Act, 

Is hereby authorized to use such aums as may be necessary for the paymentof expenses of architectural 

and enginee,ring plans, the construction and equipment 

of new buildings, the repair and rehabilitation of 

buildings, to employ construction project inspectors, 

mechanics and laborers as may be necessary, and to 

pay travel expenses for such construction project 

supervisors. only, from moneys appropriated by this 

Act. Wages'for labor shall not exceed the prevailing 

wage scale In the locality where the work is done. 

"There is hereby appropriated out of the General 

Revenue Fund the following amounts for major repairs, 

rehabilitation, building replacements and new construction; provided, however, that if the 55th Legislature 

should enact a law allocating cigarette tax revenues 

or a portion thereof to the State Hospital Building 

Fund, then the appropriations specified below shall be 

made from said Hospital Building Fund pursuant to such 

law instead of from the General Revenue Fund:" 

At the end of the appropriations for major repairs, 

rehabilitation and replacements, on page 911 is found the 

following expression of Legislative intent, which reads: 

"It is hereby declared to be the Legislative 

intent that the appropriations listed above for 

major repairs, rehabilitation and replacement, and 

for new construction of buildings shall be expended 

as nearly as practicable in the manner specified; 

however, the Board for Texas State Hospitals and 

Special Schools is authorized to transfer such 

amounts as it deems necessary from one appropriation 

item to another for repairs, rehabilitation, replacements, or new construction with the approval of the 

Governor after obtaining the advice of the Legislative Budget Board. 
Honorable Raymond W. Vowell, Page 3 (WW-329). 

'Any unexpended balances in such appropriation 

items may be used for other needed repairs, replacements or new construction. The unexpended balances 

as of August 31, 1958 are hereby reappropriated for 

major repairs, rehabilitation, replacement or new 

construction during the fiscal year beginning September 1, 1958." 

The above quoted provisions all make reference to the 

Board for Texas State Hospitals and Special Schools and its 

authority over expenditures of these funds. The Legislature 

even declared its intent that the Board for Texas State Hospitals and Special Schools can transfer funds from one line 

Item to another for repairs, rehabilitation, replacements or 

new construction when approved by the Governor. The portion 

of the statute providing for the advice of the Legislative 

Budget Board,cannot be a condition precedent to or in any 

way ,a condition of approval b 

iti 

the Governor. See Attorney 

General's Opinion Number WW-2 2 (1957) wherein It was stated: 

"The main duties and functions~ of the Legislature is to enact laws, while one of the main 

duties of the Executive is to put the laws into 

effect and supervise their execution. Under the, 

doctrine of the separation and division of powers 

those two functions should be kept separate with 

a sharp line of demarcation between them." 

It is, therefore, our opinion that the funds were 

appropriated to the Board for Texas State Hospitals and Special 

SchoolsCentral Offic,e, to be expended as nearly as practicable 

as set out in the line items for the various institutions. 

SUMMARY 

The appropriations for major repairs, 

rehabilitation and replacements, in House 

Bill 133, Acts 55th Legislature, Regular 

Session, 1957, pages 908-911, are made to 

the Board for Texas State Hospitals and 
Honorable Raymond W. Vowell, Page 4 (W-329) 

Special Schools Central Office, rather 

than the various institutions designated 

In the line items. 

Very truly yours, 

WILL WILSON 

Assistant 

GC:pf 

APPROVED: 

OPINION COMMITTEE 

Geo. P. Blackburn, Chairman 

J. C. Davis, Jr. 

John Reeves 

Leonard Passmore 

W. V. Geppert 

REVIEWED FOR THE ATTORNEY GENERAL 

By: James N. Ludlum.