Hon. Claud Qilmer, Chelrpran opinion Ho. V-905 

Board for Texas State Hospitals 

and Special Schools Rer Whether au9srviaion 

P. 0. Box 486 OS conatructlon conRocksprings, Texas tracts should be CQLLtinued bg the Board 

of Control or aasuteed by the Board for 

Texas State Hoa9itals 

and Special Schools 

Dear 3ir: 

Your letter of August 24, 1949, requesting 

an opinion reads in part: 

"During the current Pisoal year the 

Board-of Control, acting through Its Division of Design and Construction (Articles 

679-687, R.S. 1925) has entered into or 

will enter into variouscontracts with varlOUB firms for the construction of buildings, 

installation of elevators, brickwork, painting, etc., at the several Institutions which 

will be governed by the Board for Texas State 

Hospitals and Special Schools after August 

31, 1949. Many of these contracts will not 

be.completed uutll late in the next fiscal 

year. 

"The question has arisen as to whether 

the Board for Texas State Hos9lt.9land Special Schools or the Design and Construction 

Division of the Board of Control should supervise the completion of these contracts 

which were entered Into or will be entered 

into before September 1, 1949." 

There are In all governmental agencies and departments activities which are continuing in nature, as 

well as those which are non-recurring and which extend 

over a long period of time. These incomplete operations 

are assumed by each new official, and completed or auper- 
Hon. Claud Qilmer, page 2, V-905 

vised by him during his term of office. This same 

principle will apply In the transfer of authority Sra 

one agency to another unless the Legislature has expressed a contrary intention. 

The Board OS Control, ~through its Dlvialon of 

Design and Construction, executed the contraats in queation under the authority of Artloles 679-687 V.C.S. Set-. 

tlon 2# House Bill lp Acts 51at Lag,, R.S, 1949, ch.3&,9. 

588, reeds in part as follows: 

" Rffective September 1, 1949, 

the con&&lOand management of, and all rights, 

privileges, powers, and duties incident thereto including bullding,deaign and construction 

of the Texas State Hospitals and Special Sohoola 

which are now vested in and exercised by the 

Board OS Control shell be transferred to, veated Ins and exercised by the Board So; Texas 

State Boapitela and Special Schools. 

gection 11 of House Bill 1 reads as follows: 

"All laws and psrts of laws In conflict 

herewith are hereby 

such conflict only.” 

repealed to the extent of 

These provisions, to the extent of the conlliet 

between the two statutory provisions, operate as an express repeal of the statutes giving the Board of Control 

authority to execute and supervise the contracts in oueation and~veat that authority, with all rights, privllegea, powers0 and duties Incident thereto, In the Board 

for State Hospitala and' Special 

mont Indewendent School District v. 

BOb (Tex. Civ. App. 1944, error 

co. v* American Mfg, 'Co.; 155 

1941, error ref.,). Repeal is a question of leglalstlve 

fatent. There are two points which stand as evidence 

that it was the legislative intent to repeal the authority of the Board of Control and vest It completely.in 

the new Boards (1) the plain unequivocal words of House 

Bill 1 transferring the authority to the new Board; 

and (2) the statement in the preamble of House Dill 1 

that the inadequacy of the Board of Contro18a SsCllities for supervision "now require immediate remedial 

action.' 
-. 

. 

Hon; >laud Gllmer, page 3, V-905 

The Legislature sought to supply thls 'pamedial action" through the transfer to the new Bol %rd of 

the control and management of the State Hospitals and 

Specfal Schools on September 1, 1949, including the 

supervision of those contracts entered into by the Board 

of Control before September 1, 1949, but whose completion will be beyond such date. 

, 

SUMMARY 

House Bill 1, Acts slat Leg,, R,S. 1949, 

ch, 316 p0 588, transfers as of September 1, 

1949, from the Board of Control to the new 

Board for Texas State Hospitals and Special 

Schools supervisory powers over construction 

and maintenance contracts at certain State 

institutions entered Into b the Board of Control before September lo 19 c 9, but Incomplete 

on that date@ 

Very truly yours, 

ATTORNEY GENERAL OF TEXAS 

TET,rt:gl 

BY 

T, E, Taulbee 

Aaalstsnt 

APPROVED: 

2L iTLdl4 

ATTORNEY GENERAL