### HBC,~ITORNEY GENERAL OF EXAS

July29,1957
Honorable James K. Giddings Opinion No. m-207 Acting Executive Director Board for Texas State Hospi- Re: Whether or not House Bill tals andSpecial Schools 

### 1.69, Acts 55th Legislature, Box S, Capitol Station Regular Session, 

### 1957or 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.

Wequote 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 andpertinent sections of House Bill 

### 169, Acts 55th Legislature, Regular Session, 

### 1957,with which this opinion is concerned, provide in part as followsr

'IAnBet authorizing out-patient clinics and * e . for alarge 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. TheBoard for Texas State Hospitals 'andSpecial 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 bemade available. TheBoard shall acquire facilities, provide a staff, makerules and regulations, andmakeHonorable James A. Giddings, page 2 (WW-207)

contracts with persons, corporations, and agencies of local, state, andfederal governments as shall be necessary for the establishment and operation of said clinics. Qst~blishment of Community or Research Hospitals

“Section 

### 3.

. . . TheBoard

. . . 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 andSpecial 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 madeavailable ,‘I authorizes the construction of an out-patient facility in San Antonio, Texas.

House Bill 

### 156,Acts 21st Legislature, 

### 1889,chapter 

### 69,page 

### 79is 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, andto makean appropriation therefor,” and in part reads as follows:

tlSection 1,

. o0 That there shall be established andmaintained abranch asylum for the care and treatment of the insane. The sameshall be located west of the Colorado river, in southwest Texas.” The Southwestern Insane Asylum located in 

### SanAntonio, Texas was constructed and established in 

### 1892under the authority granted in the above quoted Act.

Article 

### 3185,Vernon’s’Civil Statutes, enacted in 1925, changed the nameof the Southwestern Insane Asylum to San Antonio State Hospital.

Wesubscribe to the view that the Legislature by the enactment of House Bill 

### 156,Acts 21st Legislature, 

### 1889,chapter 

### 69,page 

### 79manifested 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 aninstitution. The Legislature did not seek to prescribe with exactness the facilitiesHonorable 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.

Wethink it clear that House Bill 

### 156,Act 21st Legislature, 

### 1889,chapter 

### 69,page 

### 79constitutes avalid 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. Wedonot 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 

### 79authorizes the construction of an out-patient facility as apart 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, WILLWILSON Attorney General of Texas

MRT:wam:wb @PROVED: OPINIONCOMMITTEE H. Grady Chandler, Chairman J. C. Davis, Jr. Grundy~Williams Fred Nerkenthin Assistant

REVIEWED

FORTHEATTORNEY GENERAL BY: Geo. P. Blackburn