Honorable Frank Davis, Member

State Board of Control Austin, Texas
Dear Mr. Davis: Opinion No. O-2573 Re: Construction of Article 3240, Revised Civil Statutes,and the Eleemosynary AppropriationBill, 46th Legislature, with respect to residential eligibility for treatment in tuberculosis sanatoria. This will acknowledgereceipt of your inquiryof July 25, 1940, requesting a legal opinion construingArticle 3240 of our Revised Civil Statutes,and likewise a provision or rider of the Eleemosynary AppropriationBill passed by the 46th Legislature,your specific questionbeing: "1s a married woman, who has lived in and had her place of abode in another state,but whose husband has resided in and lived in Texas for more than three years, his wife coming to Texas more than one year but less than three years ago, entitled to admission to the State Tuberculosis Sanatorium: "(a) To be maintained at State Expense? "(b) To pay for her hospitalizationas a private patient, as provided by the last paragraph of Article 3241, Revised Civil Statutes?"
It is the opinion of this department that the patientmentioned by you, assuming that she is otherwise qualified foradmission to the State Tuberculosis Sanatorium, shouldbe admitted, ifwithin either of the classes defined by statutesaccording to the facts, that is to say, 1. Indigent public patients, 2. Non-indigentpublic patients, or 3. Private patients. Article 3240 of the Revised Civil Statutes is as follows:
"Personsafflictedwith tuberculosiswho shall have been citizens of this State and of thecounty from which~ he or she comes at the time of filing of their applicationwith the county judge as hereinafterprovided, shallbe admitted toHonorable Frank Davis, page 2 O-2573

said institutions. A citizen of this State is defined to be any person who has actually resided therein with the bona fide intentionof being a citizen thereof for a period of twelvemonths nextpreceding the date of such application.lf The succeedingArticle 3241 classifies the patientswho are thus entitled to admission to the institution,defining each class.
To the EleemosynaryAppropriation Bill (H.B.No. 256, 46th Legislature) there is attached the following rider:
"None of the money herein appropriated for the State Tuberculosis Sanatoria shall be used to treat any personwho has not been a residentbona fide citizen of Texas for at least three (3)years; this provision shall not apply to a child born inthe State of Texas."
It will be seen thatArticle 3240 specificallyauthorizesthe admission of persons afflictedwith tuberculosiswho shallhave been citizens of this State, and of the county from which he or she comes at the time of filing their application for twelve months next preceding the date of such application.
A person complyingwith the requirements of the statute is thus entitled to admission into the institution,unless the rider to the AppropriationBill hereinabovequoted in some way forbids.
In no event could the rider prevent the admission of a private patient since none of the expenses of such private patientare to be paid out of the appropriation for the institution. The rider is equally ineffectiveto deny admission of indigent or non-indigent public patients. It is apparentlywell settledthat that‘the Legislaturemay not in an appropriation act repeal or amend a general statute. State v, Steele, 57 Tex. 203; Linden v. Finley, 92 Tex. 454; OpinionsAttorney General 1916-18,p* 110; Opinions Attorney General 192S-30,p* 209; Opinions Attorney General, Letter, B. 60 p* 24; Opinions Attorney General 1934-36,p. 71; Opinions Attorney General 1934-36,p. 46; Opinion Attorney General O-700. Moreover, if in any event the Legislature could repeal or amend a statute through an appropriationbill, the title to such bill would have to contain the subject, (Const.Art. III, Sec. 35) and no such requirement is met in the resent case. (H.B.No. 256, Special Laws Texas, Vol. 2, p. 238.)Honorable Frank Davis, page 3 O-2573

Neither does the fact that the Legislaturehas made no appropriation for the support of public patients forbid theiradmission into the institution, in view of theexpress provisions of the general law as contained in Article 3240. The institution is being operated -- it has doctors,medicines, facilities, rooms and accommodations -- and the legal duty is imposed upon it to admit all properly qualified applicants,and it will not be 'heardto deny them merely because there has been no appropriationadequate to care for suchpatients. That is no concern of the applicant patient. Very truly yours ATTORNEY GENERALOF TEXAS APPROVED AUG. 13, 1940 GROVER SELLERS FIRST ASSISTANT' ATTORNEYGENERAL BY Ocie Speer Assistant OS:m,r:ml