HBC,~ITORNEY GENERAL 

OF EXAS 

July 29, 1957 

Honorable James K. Giddings Opinion No. m-207 

Acting Executive Director 

Board for Texas State Hospi- Re: Whether or not House Bill 

tals and Special Schools 1.69, Acts 55th Legislature, 

Box S, Capitol Station Regular Session, 1957 or 

Austin, Texas Qcts 21st Legislature, 

1889, chapter 69, page 79 

would authorize the construction of an outpatient facility in San 

Dear Mrlr. Giddings: Antonio, Texas. 

We quote from your letter of July 9, 1957: 

'1. . . we request the opinion of your office 

as to whether or not H.B. 169, or the Act originally authorizing the establishment of the San Antonio State Hospital, would authorize the construction of an out-patient facility in San Qntonio." 

The caption and pertinent sections of House Bill 169, 

Acts 55th Legislature, Regular Session, 1957, with which this 

opinion is concerned, provide in part as followsr 

'IAn Bet authorizing out-patient clinics and 

* e . for a large mental hospital and for outpatient clinics. 9 . . 

"Section 1. It is the sense of the Legislature 

that the,Board for Texas State Hospitals and Special 

Schools be authorized to establish such out-patient 

clinics for treating the mentally ill as such Board 

deems necessary and as funds for their operation are 

made available; and . . . . 

"Authorization for Out-Patient Clinics 

"Section 2. The Board for Texas State Hospitals 'and Special Schools is authorized to establish 

out-patient clinics for treatment of the mentally 

ill in such locations as deemed necessary by said 

Board and as money for their operation shall be made 

available. The Board shall acquire facilities, provide a staff, make rules and regulations, and make 
Honorable James A. Giddings, page 2 (WW-207) 

contracts with persons, corporations, and agencies of local, state, and federal governments 

as shall be necessary for the establishment and 

operation of said clinics. 

Qst~blishment of Community or Research 

Hospitals 

“Section 3. . . . The Board . . . shall 

designate the city and select a site or sites 

therein for the location of said community hospital and out-patient clinic. . . . ” 

You are advised that House Bill 169, Acts 55th Legislature, Regular Session, 1957, which authorizes,the Board for 

Texas State Hospitals and Special Schools to “establish such 

out-patient clinics for treating the menatlly ill in such locations as such Board deems necessary and as funds for their operation are made available ,‘I authorizes the construction of an 

out-patient facility in San Antonio, Texas. 

House Bill 156, Acts 21st Legislature, 1889, chapter 

69, page 79 is entitled, “An Act to provide for the purchase of 

a site for, and the establishment, location, and construction 

of an asylum in Southwestern Texas for the care and treatment 

of the insane, and to make an appropriation therefor,” and in 

part reads as follows: 

tlSection 1, . o 0 That there shall be established and maintained a branch asylum for the 

care and treatment of the insane. The same shall 

be located west of the Colorado river, in southwest Texas.” 

The Southwestern Insane Asylum located in San Antonio, 

Texas was constructed and established in 1892 under the authority granted in the above quoted Act. 

Article 3185, Vernon’s’Civil Statutes, enacted in 1925, 

changed the name of the Southwestern Insane Asylum to San Antonio State Hospital. 

We subscribe to the view that the Legislature by the 

enactment of House Bill 156, Acts 21st Legislature, 1889, chapter 69, page 79 manifested the intention that the hospital provided therein should in all respects have such facilities and 

perform such services as might be reasonably necessary to fulfill the normal functions of such an institution. The Legislature did not seek to prescribe with exactness the facilities 
Honorable James A. Giddings, page 3 (WW-J-207) 

to be maintained or the services to be performed by the hospital. Such questions were wisely left to the sound discretion 

of the governing board to be resolved by said board within the 

limits of legislative appropriations. 

We think it clear that House Bill 156, Act 21st Legislature, 1889, chapter 69, page 79 constitutes a valid preexisting law authorizing the construction of out-patient facilities in connection with San Antonio State Hospital. However, 

the exercise of such authority by the Board for Texas State Hospitals and Special Schools is necessarily dependent upon the 

appropriation of funds for such specific purpose by the Legislature. 

We do not pass upon the availability of funds for the 

construction of out-patient clinics since such a question was 

not raised in your request. 

House Bill 1.56, Acts 21st Legislature, 1889, 

chapter 69, page 79 authorizes the construction 

of an out-patient facility as a part of San Antonio State Hospital San Antonio, Texas. House 

Bill 169, Acts 55th legislature, 

1957, 

Regular Session, 

authorizes the construction of an outpatient facility in San Antonio, Texas. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

MRT:wam:wb 

@PROVED: 

OPINION COMMITTEE 

H. Grady Chandler, Chairman 

J. C. Davis, Jr. 

Grundy~Williams 

Fred Nerkenthin 

Assistant 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Geo. P. Blackburn