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August 19, 1957 '-=---'-- I 

Hon. James A. Giddings Opinion No. WW-221 

State Hospital Board 

Austin, Texas Re: Is the Austin State School Farm 

Colony a separate institution 

apart from the Austin State 

Dear Mr. Giddings: School, and related questions. 

We have received your two letters requesting opinions pertaining to the State Farm Colony and the State Dairy 

and Hog Farm, and we will answer both requests in this opinion. 

You have requested our opinion as to the legal status 

of the Austin State School Farm Colony and the State Dairy and 

Hog Farm as being state institutions constituting a part of the 

"Texas State Hospitals and Special Schools", specifically requesting the answers to several questions which will be set 

forth and answered below: 

In 1949 by ch. 157, Acts 5'lst Leg., p0 324 (codified 

as Art. 317&a, Vernon's Civil Statutes) the Legislature enumerated certain eleemosynary institutions of the State of Texas 

and stated that thereafter such institutions should be known 

and designated as the "Texas State Hospitals and Special Schools." 

All of the eleemosynary institutions so enumerated were either 

authorized by provisions of the Constitution of Texas, or were 

created by statute enacted pursuant thereto, except the State 

Dairy and Hog Farm and Austin State School Farm Colony, 

The first statutory reference to the Austin State 

School Farm Colony appears in Chapter 107, Acts 43rd Leg,, R.S, 

1933, at pa 242, which is the appropriation bill for eleemosynary institutions. Under the section dealing with the Austin 

State School, appears an appropriation of any unused balance 

appropriated to the Austin State School for the year ending 

August 31, 1933, which may be used by the Superintendent of the 

Austin State School and the State Board of Control durfng the 

year ending August 31, 1934 "for the uurchase of equipment, 

materials, supplies, necessary land and the construction of 

suitable buildfngs and improvements in establishing and operating a -arm colony for the feeble-minded to be under the management of the Austin State School and the Board of Control." 

Chapter 10, Acts 43rd Leg., 3rd C.S. 1934, pQ 16, Sec. 1, appropriated the sum of $65,000.00 to the Austin State School for a 
i . . _ 

Hon. James A. Giddings, page 2 (WW-221) 

"ward building and equipment to be constructed on the FeebleMinded Farm Colony, including utility connections and maintenance and support.l' 

The first mention of the State Dairy and Hog Farm 

appears in ch. 567, Acts 57th Leg., 19419 p. 943, making an 

appropriation for the "Austin State School Farm Colony" for the 

biennium ending August 31, 1943. Item 39 is an appropriation 

of $20,000.00 for the purpose of "moving, enlarging, improving 

and centralizing dairy and hog site." 

You have advised that legislative appropriations have 

been made to the Austin State School Farm Colony and the State 

Dairy and Hog Farm by succeeding Legislatures and that since 

September 1, 1949, when the control and management of the Texas 

State Hospitals and Special Schools was transferred from the 

State Board of Control to the Board for Texas State Hospitals 

and Special Schools (Art. 3174b, V.C.S.), the Board for Texas 

State Hospitals and Special Schools has regularly employed a 

Superintendent and Business Manager for the Austin State Farm 

Colony who has signed accounts against the appropriated fund 

for that institution under the authority of Sec. 10, Art. 3174b, 

V.C.S. 

The office of the State Auditor has questioned the 

validity of the appointment of the Superintendent of the Austin 

State School Farm Colony and the payment of his salary by the 

Board upon the grounds that neither the Austin State School 

Farm Colony nor the State Dairy and Hog Farm has any legal status as a State institution. It appears that the sole authority 

for the creation and maintenance of both the Austin State School 

Farm Colony and the State Dairy and Hog Farm is to be found in 

the items contained in the appropriation bills referred to above. 

It is a well recognized principle of law that general legislation enacted in a general appropriation bill by rider or otherwise does not have the force and effect of law and is a nullity. 

Article III, Section 35, Constitution of Texas; Moore v. Shepu, 144 Tex. 537, 192 S.W.2d 559 (1946); Attorney General's 

Opinion No. V-1254, August 25, 1951; Attorney General's Opinion No. WW-96, April 16, 1957. Therefore there is no authority 

for the creation of the Austin State School Farm Colony or the 

State Dairy and Hog Farm as independent state institutions but, 

under the very language of each of the appropriation bills referred to above, each is a project or branch conducted as a 

part of the Austin State School under the supervision and control of the Superintendent and General Manager of the Austin 

State School, appointed by the Board for Texas State Hospitals 

and Special Schools. 
Hon. James A. Giddings, page 3 (WW-221) 

You have requested that the following questions be 

answered: 

"1. Is the Austin State School Farm Colony 

a separate institution apart from the Austin State 

School? 

"2 . Is the Board for Texas State Hospitals 

and Special Schools authorized to employ a superintendent and business manager at the Austin State 

School Farm Colony?" 

In answer to your first question the Austin State 

School Farm Colony is not a separate institution apart from 

the Austin State School for the reasons stated above. Since 

the Austin State School Farm Colony is not a separate institution apart from the Austin State School, the Board for Texas 

State Hospitals and Special Schools is not authorized to employ a Superintendent and Business Manager for the Austin State 

School Farm Colony under the provisions of Section 10, Article 

317"b, V.C.S., and Articles 3175-3178, inclusive, with the powers and duties set out therein, and the answer to your second 

question is rlN~rte 

In this connection the validity of all appropriations 

to the Austin State School Farm Colony and the State Dairy and 

Hog Farm prior to 1949 has been confirmed by Set, 3 of Art, 

3174a, V.C,S. 

House Bill 133, Acts 55th Leg., 1957, ch, 38& pe 

905, has appropriated $20,000.00 for the establishment of a 

Hog Farm Revolving Fund to be used in the operation of a Hog 

Farm at Leander, Texas, which farm is to be operated on a reimbursable basis to serve institutions under such rules and 

regulations as may be established by the Hospital Board, and 

which fund, togeth.er with all receipts deposited to its credit, 

may be used to pay salaries, p urchase supplies and equipment, 

and pay such other expenses as may be necessary for the efficient operation of the Hog Farm. This appropriation is to the 

"Hospitals and Special Schools Central Office." You have requested OUT opinion as to whether the Central Office of the 

Board for Texas State Hospitals and Special Schools is the proper 

authority to expend the sum so appropriated. 

In the appropriation of money the Legislature has the 

power to designate the amount of money to be appropriated, the 

purpose for which it is appropriated, and the proper authority 

to supervise its expenditure. The action of the Legislature in 

directing the "Central Office 'I of the Texas Board for State 
Hon. James A. Giddings, page 4 (WW-221) 

Hospitals and Special Schools to expend the appropriations for 

the purposes mentioned is not general legislation but is a 

designation of the purpose .for which the funds so appropriated 

are to be used and the method or means by which such moneys are 

to be expended. 

It is the opinion of this office that the $20,000.00 

appropriated to the establishment of a Hog Farm Revolving F'und 

to be used in the operation of a Hog Farm at Leander, Texas, has 

been appropriated to the Central Office of the Board for Texas 

State Hospitals and Special Schools and is to be expended by that 

branch for the purposes indicated in the appropriation bill. 

SUMMARY 

Neither the Austin State School Farm Colony nor 

the State Dairy and Hog Farm are separate institutions as a part of the Texas State Hospitals and 

Special Schools, but are projects or branches of the 

Austin State School. The Board for Texas State Hospitals and Special Schools is not authorized to employ a Superintendent and Business Manager for the 

Austin State School Farm Colony under the provisions 

of Section 10, Article 3174b, V.A.C.S,, and Articles 

3175-3178, inclusive, with the powers and duties set 

out therein. The sum of $20,000.00 appropriated for 

the establishment of a Hog Farm Revolving Fund to be 

used in the operation of a Hog Farm at Leander 

by House Bill 133, Acts 55th Leg., 

Texas, 

1957, ch. 385, pa 

905, is under the control of and to be expended by 

the Central Office of the Board for Texas State Hospitals and Special Schools. 

Very truly yours, 

WILL WILSON 

Attorney General of Texas 

CKR:wb 

C. K. Richards 

Assistant 
Hon. James A. Giddings, page 5 (WW-221) 

APPROVED: 

OPINION COMMITTEE 

H. Grady Chandler, Chairman 

John Reeves 

Jack Goodman 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Beo. P. Blackburn