December 20, 1957

Honorable RaymondW. 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, rehabilitationand 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.theheading "StateHospitals and Special Schools Building Program",Acts, 55th Legislature,R.S. 1957, Chapter 385, page 908, the Legislaturehas prefaced the major repairs, rehabilitationand replacementsappropriationsas follows:
"There is hereby reappropriated to the Board for Texas State Hospitals and Special Schools for each of the fiscalyears of the biennium covered by this appropriation,any unexpended balances remaining in the State Hospitals Building Fund appropriatedby H.B. No. 111, Chapter 81, Acts, Fifty-third Le islature,Regular Session, 1953, and H.B. No. 180, Acts, Fifty-fourth Legislature, Regular Session, 1955, including accrued Interest, for the payment of expenses of architectural and engineeringplans, the constructionand equipment of new buildings, the repair and rehabilitation of buildings, the employmentof construction project Inspectors,mechanics and laborers as may be necessary, to pay travel expenses for such constructionproject supervisorsonly, and to payHonorableRaymond W. Vowell, Page 2 (WW-329)

all claims against the prior appropriationof 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 rehabilitationprogram as authorizedby this Act, Is hereby authorized to use such aums as may be necessary for the paymentof expenses of architectural and enginee,ring

plans, the constructionand equipment of new buildings, the repair and rehabilitationof buildings, to employ constructionproject inspectors, mechanics and laborers as may be necessary, and to pay travel expenses for such constructionproject supervisors.

only, from moneys appropriatedby this Act. Wages'for labor shallnot exceed the prevailing wage scale In the localitywhere thework is done.
"There is hereby appropriatedout of the General Revenue Fund the following amounts for major repairs, rehabilitation,building replacementsand 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 specifiedbelow shallbe made from said Hospital BuildingFund 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 constructionof buildings shallbe expended as nearly as practicable in themanner 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 constructionwith the approval of the Governor after obtaining the advice of the Legislative Budget Board.Honorable RaymondW. Vowell, Page 3 (WW-329).

'Anyunexpended 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 constructionduring 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 expendituresof 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,replacementsor new constructionwhen approvedby the Governor. The portion of the statuteproviding for the advice of the Legislative Budget Board,cannot be a conditionprecedent to or in any way ,acondition of approvalbiti the Governor. See Attorney General's OpinionNumber WW-2 2 (1957)wherein It was stated:

"Themain 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 shouldbe kept separatewith a sharp line of demarcationbetween 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 andHonorable Raymond W. Vowell, Page 4 (W-329)

Special Schools Central Office, rather than the various institutionsdesignated In the line items.
Very trulyyours,
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 ATTORNEYGENERAL
By: James N. Ludlum.