THEATI-OIRNEY GENERAL OFTEXAS

WILL WILSON A-GRNSY GSENBHAL. AUSTXNI~.TEXA~

September 

### 3, 1957

Honorable Robert S. Calvert OpinionNo. 

### w-251 Comptrollerof Public Accounts Capitol Station Re: Whether certain instituAustin 11, Texas tions constitute State Eleemosynary Institutions within themeaning of SenateBill 190, Acts of Dear Mr. Calvert: the 55th Legislature.

You have requested an opinion on the following question: "Arethe following stateagencies, EleemosyInstitutionswithin the meaning of Senate Bill No. 190, Acts of the 55th Legislature? "1

. ;: 4.

2: 

### 7.
9": 10. 11.

:;: 

### 14. 2: 3: :g: 2 23. Corsicana State Home Waco State Home Texas Blind, Beaf & Orphans School Board for Texas State Hospitals & Special Schools Texas ConfederateHomes Alabama & Coushatta IndianAgency Moody State School for Cerebral Palsied Children East Texas Tuberculosis Sanatorium McKnight Tuberculosis Hospital Mexia State School San Antonio State TuberculosisHospital Kerrville State Home Austin State School Farm Colony Abilene State School Austin State Hospital Austin State School Rusk State Hospital San Antonio State Hospital Terre11 State Hospital Wichita Falls State Hospital Harlingen TuberculosisHospital Big Spring State Hospital Gatesville State School for BoysHonorable Robert S. Calvert, page 2. 

### (w-251)

24. Gainesville State School for Girls 2: Crockett State School for Girls Texas Youth Council 3: Texas School for the Blind Texas School for the Deaf," While the Legislaturehas used the phrase "eleemosynary institution"on numerous occasions (Title 

### 51of Revised Civil Statutes of Texas, 1925, entitled Eleemosynary Institutions, Section 144, Tex. ProbateCode and Article 690 et seq.), the judiciary of this statehas not defined the term eleemosynary institution.

Eleemosynary institutionis defined in Websters New InternationalDictionary, 2nd Unabridged Edition, as follows:

"1

. Relating or devoted to charity, alms or almsgiving. "2. Given in charity or alms; having the nature of alms. 

### "3

. Supportedby charity;as eleemosynary poor.' The above auoted definition of eleemosvnarv institution has been adqpted in'other jurisdictions. See United Community Servicesv. 11956

. Omaha National Bank, 

### 162Neb. 

### 786,77 N.W.2d 576

For additional definitions of eleemosynary institutions see 1 , Words and Phrases (per.ed.).

Section 11 of Senate Bill 190, Acts of the 55th Legislature, Regular Session, ch. 414, p. 1247, 1250,provides:

"Sec. 11. It is the intent of the Legislature that the Board may authorize an agency to dispose of surplus or salvageproperty where the agency demonstrates to the Board its ability to make such dispositionunder the rules and regulations setup by the Board, as provided for herein. It is the further intent of the Legislature that state eleemosynary institutionsand institutionsand agencies of higher learning shallbe excepted from the terms of this Act." While the phrase "state eleemosynary institution" is not defined in SenateBill 190, the phrase is defined by the Legislature in Section 2 of Article 3174a,Vernon's Civil Statutes as follows:Honorable Robert S. Calvert,page 

### 3. (w-251)

"Whereverthe name IEleemosynaryInstitutions' or any reference thereto appears in the Legislative Statutesof Texas of 1925, or in any amendment thereto or in any Acts of any Legislaturepassed since adoption of said Revised Statutes, suchname and such reference shallhereaftermean and apply to the 'TexasState Hospitals and Special Schools' in order to conform to the new name of said lnstitutionsas provided in Section 1 hereof." The Texas StateHospitals and Special Schoolswithin the meaning of Section 2 of Article 3174a are listed in Section 1 of Article 317&a and Section 

### 3 of Article 317&b.

Since the Legislaturedid not define state eleemosynary institutions in Senate Bill 190, it is our opinion that it intended that the definition of eleemosynary institutionsprovided in Section 2 of Article 3174a would apply, and, therefore, the phrase "StateEleemosynary Institutions"refers to those institutions named in Section 1 of Article 317&a and Section 

### 3 of Article 317&b,Vernon's Civil Statutes,as amended, and to no others. Therefore,you are advised that the Corsicana State Home, Waco State Home, Texas Blind,Deaf & Orphans School,Texas Confederate Homes, Alabama Coushatta IndianAgency, Moody State School for Cerebral Palsied Children,East Texas Tuberculosis Sanatorium,McYnight Tuberculosis Hospital, Nexia State School, San Antonio State Tuberculosis Hospital,Kerrville State Home, Austin State School Farm Colony,Abilene State School, Austin State Hospital,Austin State School,Rusk State Hospital, San Antonio State Hospital, Terre11 State Rospital,Wichita Falls State Hospital, Harlingen TuberculosisRospital, Big Spring State Hospital, Texas School for the Blind, and Texas School for the Deaf are eleemosynary institutionswithin the meaning of Senate Bill 190, Acts of the 

### 55th legislature,Regular Session, ch. 

### 414,p. 12&7,1250.

Since the Gatesville State School for Boys and Gainesville State School for Girls are specificallyexempt from the definition of eleemosynary institutionand the Crockett State School for Girls is not included,you are advised that these institutionsare not eleemosynary institutionswithin the meaning of Senate Bill 190. You are further advised that the Board for Texas State Hospitals and Special Schools and the Texas Youth Council are governingboards rather than institutions and these agencies do not constitutea state eleemosynary instituticnwithin the meaning of SenateBill 190.HonorableRobert S. Calvert,page 4. 

### (w-251)

SUMMARY

The phrase tution", "state eleemosynary lnstiwithin the meaning of Senate Bill 190,Acts of the 55th Legislature, Regular Session, ch. 414, p. 1247, 1250, includes those institutionsnamed in Section 1 of Article 317&a and Section 

### 3 of Article 317413 and no other institutions. Yours very truly, WILL WILSON Attorney General of Texas

JR:zt Assistant

APPROVED: OPINION COMMITTEE H. Grady Chandler, Chairman Howard Mays James W. Wilson Sam Lane REVIEWED FOR THE ATTORNEY GENERAL BY: Geo. P. Blackburn