.a ,

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August 

### 19, 1957 '-=---'-- I

Hon. JamesA. Giddings OpinionNo. WW-221 State Hospital Board Austin, Texas Re: Is the Austin State School Farm Colony a separate institution apart from theAustin State Dear Mr. Giddings: School, and related questions.

We have receivedyour two letters requesting opinions pertaining to the State Farm Colonyand the State Dairy and Hog Farm, and we will answer both requests in this opinion.

You have requested our opinionas to the legal status of theAustin State School Farm Colony and the State Dairy and Hog Farm as being state institutions constitutinga part of the "Texas State Hospitals and Special Schools", specificallyrequesting the answers to several questionswhich will be set forth and answered below:

In 

### 1949by ch. 

### 157,Acts 5'lst Leg., p0 324 (codified
as Art. 317&a, Vernon's Civil Statutes) the Legislatureenumerated certain eleemosynary institutionsof the State of Texas and stated that thereafter such institutions should be known and designated as the "Texas State Hospitals and SpecialSchools." All of the eleemosynary institutions so enumeratedwere either authorized by provisions of the Constitution of Texas, orwere 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 appropriationbill for eleemosynary institutions. Under the sectiondealingwith 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 Superintendentof 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 constructionof suitablebuildfngs and improvements in establishingand operating a -arm colony for the feeble-minded to be under themanagement 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 theAustin State School for ai

.. _

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

"ward building and equipment to be constructed on the FeebleMinded Farm Colony, includingutility connectionsand 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 centralizingdairy and hog site."

You have advised that legislativeappropriationshave been made to the Austin State School Farm Colony and the State Dairy and Hog Farm by succeeding Legislaturesand that since September 1, 1949,when the control and management of the Texas State Hospitals and Special Schoolswas transferredfrom the State Board of Control to the Board for Texas StateHospitals and Special Schools (Art.3174b, V.C.S.), the Board for Texas State Hospitals and Special Schoolshas regularly employed a Superintendentand Business Manager for the Austin State Farm Colonywho has signed accounts against the appropriated fund for that institutionunder the authority of Sec. 10, Art. 3174b, V.C.S.
The office of the StateAuditor has questioned the validity of the appointment of the Superintendentof theAustin State School Farm Colony and the payment of his salary by the Board upon the grounds that neither the Austin State School Farm Colonynor 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 appropriationbills referred to above. It is a well recognizedprinciple 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 OpinionNo. 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 institutionsbut, under thevery language of each of the appropriationbills referred to above, each is a project or branch conductedas a part of the Austin State School under the supervisionand control of the Superintendentand General Manager of theAustin State School, appointed by the Board for Texas State Hospitals and Special Schools.Hon. JamesA. Giddings,page 

### 3 (WW-221)

You have requested that the following questions be answered:

"1. Is the Austin State School Farm Colony
a separate institutionapart from the Austin State School?

"2

. Is the Board for Texas State Hospitals and Special Schoolsauthorized to employ a superintendent and businessmanager at the Austin State School Farm Colony?"

In answer toyour first question theAustin State School Farm Colony is not a separate institutionapart from the Austin State School for the reasons stated above. Since theAustin State School Farm Colony is not a separate institutionapart from theAustin State School, the Board for Texas State Hospitals and Special Schools is not authorized to employ a Superintendentand Business Manager for theAustin 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 thevalidity of all appropriations to theAustin State School Farm Colonyand the State Dairy and Hog Farm prior to 1949 has been confirmedby 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 establishmentof 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 institutionsunder such rules and regulations as may be establishedby theHospital Board, and which fund, togeth.er with all receiptsdeposited to its credit, may be used to pay salaries,p urchase suppliesand equipment, and pay such other expenses as may be necessary for the efficient operation of the Hog Farm. This appropriation is to the "Hospitalsand Special Schools Central Office." You have requested OUT opinion as towhether the Central Office of the Board for Texas StateHospitals and Special Schools is the proper authority to expend the sum so appropriated.

In the appropriation of money the Legislaturehas the power to designate the amount ofmoney 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 "CentralOffice'Iof the Texas Board for StateHon. James A. Giddings,page 4 (WW-221)

Hospitals and Special Schools to expend the appropriationsfor the purposesmentioned is not general legislationbut is a designation of the purpose .forwhich the funds so appropriated
are to be used and themethod ormeans by which suchmoneys 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 StateHospitals and Special Schoolsand is to be expended by that branch for the purposes indicated in the appropriationbill.

SUMMARY
Neither theAustin State School Farm Colonynor 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 StateHospitals and Special Schools is not authorized to employ a Superintendentand BusinessManager for the Austin State School Farm Colonyunder 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 $20,000.00appropriated 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 expendedby the Central Office of the Board for Texas State Hospitals and Special Schools.
Very trulyyours,

WILL WILSON Attorney General of Texas

CKR:wb C. K. Richards AssistantHon. JamesA. 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