Hon. Claud Qilmer, Chelrpran opinionHo. V-905

Board for Texas State Hospitals and Special Schools Rer Whether au9srviaion P. 0. Box 486 OS conatructlonconRocksprings, 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 constructionof buildings, installationof elevators,brickwork,painting, etc., at the several Institutions which will be governedby the Board for Texas State Hospitalsand Special Schoolsafter August 31, 1949. Many of these contractswill not be.completeduutll late in the next fiscal year."The questionhas arisen as to whether the Board for Texas State Hos9lt.9la nd Special Schools or the Design and Construction Division of the Board of Control should supervise the completionof these contracts which were entered Into or will be entered into before September 1, 1949."
There are In all governmental agencies and departmentsactivitieswhich are continuingin nature, as well as those which are non-recurring and which extend over a long period of time. These incompleteoperations are assumed by each new official,and completedor auper-Hon. Claud Qilmer, page 2, V-905

vised by him during his term of office. This same principlewill 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 includingbullding,deaign and construction of the Texas State Hospitalsand Special Sohoola which are now vested in and exercisedby the Board OS Control shell be transferredto, veated Ins and exercisedby the Board So; Texas State Boapitelaand 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 ”**  repealed to the extent of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 statutoryprovisions,operateas an express repeal of the statutes giving the Board of Control authority to execute and supervisethe contractsin oueation and~veat that authority,with all rights, privllegea, powers0 and duties Incident thereto, In the Board for State Hospitalaand' Special mont IndewendentSchool 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 legislativeintent to repeal the authority of the Board of Control and vest It completely.in the new Boards (1) the plain unequivocalwords of House Bill 1 transferringthe authority to the new Board; and (2) the statement in the preamble of House Dill 1 that the inadequacyof the Board of Contro18a SsCllities for supervision "now require immediateremedial action.'-.

.

Hon; >laud Gllmer, page 

### 3, V-905

The Legislaturesought to supply thls 'pamedial action" through the transfer to the new Bol %rd of the controland management of the State Hospitalsand Specfal Schools on September 1, 1949, includingthe supervisionof those contractsentered 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, transfersas of September 1, 1949, from the Board of Control to the new Board for Texas State Hospitalsand Special Schools supervisory powers over construction and maintenancecontractsat certain State institutionsentered Into b the Board of Control before September lo c 19 9, but Incomplete on that date@ Very truly yours,
ATTORNEYGENERAL OF TEXAS

TET,rt:gl 

## BY T, E, Taulbee Aaalstsnt

APPROVED:

2L iTLdl4 ATTORNEY GENERAL