THEATI-OIRNEY GENERAL 

OFTEXAS 

WILL WILSON 

A-GRNSY GSENBHAL. 

AUSTXNI~.TEXA~ 

September 3, 1957 

Honorable Robert S. Calvert Opinion No. w-251 

Comptroller of Public Accounts 

Capitol Station Re: Whether certain instituAustin 11, Texas tions constitute State 

Eleemosynary Institutions 

within the meaning of 

Senate Bill 190, Acts of 

Dear Mr. Calvert: the 55th Legislature. 

You have requested an opinion on the following question: 

"Are the following state agencies, EleemosyInstitutions within 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 Confederate Homes 

Alabama & Coushatta Indian Agency 

Moody State School for Cerebral 

Palsied Children 

East Texas Tuberculosis Sanatorium 

McKnight Tuberculosis Hospital 

Mexia 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 Hospital 

Wichita Falls State Hospital 

Harlingen Tuberculosis Hospital 

Big Spring State Hospital 

Gatesville State School for Boys 
Honorable 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 Legislature has used the phrase "eleemosynary 

institution" on numerous occasions (Title 51 of Revised Civil 

Statutes of Texas, 1925, entitled Eleemosynary Institutions, 

Section 144, Tex. ProbateCode and Article 690 et seq.), the 

judiciary of this state has not defined the term eleemosynary 

institution. 

Eleemosynary institution is defined in Websters New 

International Dictionary, 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 . Supported by charity; as eleemosynary poor.' 

The above auoted definition of eleemosvnarv institution 

has been adqpted in' other jurisdictions. See United Community 

Services v. 

11956 . 

Omaha National Bank, 162 Neb. 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 salvage property where 

the agency demonstrates to the Board its ability to make such disposition under the rules and 

regulations set up by the Board, as provided for 

herein. It is the further intent of the Legislature that state eleemosynary institutions and 

institutions and agencies of higher learning 

shall be excepted from the terms of this Act." 

While the phrase "state eleemosynary institution" is 

not defined in Senate Bill 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) 

"Wherever the name IEleemosynary Institutions' or any reference thereto appears in 

the Legislative Statutes of Texas of 1925, 

or in any amendment thereto or in any Acts 

of any Legislature passed since adoption of 

said Revised Statutes, such name and such 

reference shall hereafter mean and apply to 

the 'Texas State Hospitals and Special Schools' 

in order to conform to the new name of said lnstitutions as provided in Section 1 hereof." 

The Texas State Hospitals and Special Schools within 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 Legislature did not define state eleemosynary 

institutions in Senate Bill 190, it is our opinion that it intended that the definition of eleemosynary institutions provided 

in Section 2 of Article 3174a would apply, and, therefore, the 

phrase "State Eleemosynary 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 Indian Agency, 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 Tuberculosis Rospital, Big Spring 

State Hospital, Texas School for the Blind, and Texas School 

for the Deaf are eleemosynary institutions within 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 specifically exempt from the 

definition of eleemosynary institution and the Crockett State 

School for Girls is not included, you are advised that these 

institutions are not eleemosynary institutions within 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 governing boards rather than institutions and these agencies do not constitute a state eleemosynary 

instituticn within the meaning of Senate Bill 190. 
Honorable Robert 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 institutions named 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