## THEATTORNEYGENEI OF TEXAS

Honorable Raymond W. Vowel1 Executive Director Board for Texas State Hospitals and Special Schools Austin, Texas OpinionNo. C-179

Re: Whether the Board, under theprovisions of H.B. 

## 266, Acts 58th Legislature, 1963, may enter into a contract with a licensednursing home to care for indigent wives and widows of exconfederate soldiersand Dear Hr. Vowell: sailors.

In your opinion request dated November 4, 

## 1963, you stated the following:

"TheBoard for Texaa State Hospitals and Special Schoolshas under its control and management the ConfederateWoman's Home located at 3710 Cedar, Austin, Texas,which Is a home for Indigent wives and widows of ex-confederatesoldiersand sailors establishedby an Act of the Legislature of 1911 now codified as Articles 3218, 3219 and 3220,Vernon's Civil Statutes of Texas. This facilityhas in the past housed as many as 124 suchpersons; however the numberbeing cared for at present has declined to three. It is costing the State of Texas approximately $1100.00 per month for each of them.
"ThisBoard Is desirous of avoiding these excessive costs by entering into a contract under the provisions of House Bill 266, Acts of the 38th Legislature,Regular Session, 1963, for the care of these persons and otherswho should apply and be admitted to the Confederate Woman's Home with a licensednursing home. The cost of their carewould be paid from funds appropriated to the Board for Texas StateHospitals and Special Schools to pay for contract treatment and new outpatient cl+ln,ics.

-874-Honorable Raymond W. VOWell, page 2 (C-179)

??our opinion as to the legality of such a procedure is respectfullyrequested."
The statuteswhich create and require themaintenance of the Confederate Woman’s Home in Austin read as follows:

Article 3218, Vernon's Civil Statutes, states:
"There shallbe established in or near the city of Austin, a home for the Indigent wives and widows who are over sixtyyears of age, of disabled ex-Confederatesoldiersand sailorswho entered the Confederate service from Texas, or who came to the Stateprior to January 1, 1880, andwhose disability is the proximate result of actual service in the Confederatearmy for ,atleast threemonths, and also for women who aided the Confederacy. This lnstltutlon shall be known as the ConfederateWoman's Home."
Article 3219,Vernon's Civil Statutes, states:
"TheBoard shallmake suitablerules and regulations for the admission of women to the benefits of said home and for the internal government andmanagement of saidhome. The Board shall also provide such attendants and nurses as may be deemed necessary In themanagement of the Home, and fix their compensation. The Board shall appoint a superintendentfor the ConfederateWoman's Home,with the approval of the Governor."
Article 3220,Vernon's Civil Statutes, states:
"Said superintendentmust be thewidow or daughter of a confederate soldier,and shall reside in the Home and receive freeboard and lodging. She may hold office for a term of two years."
Article 317&b,Vernon's Civil Statutes, transferred the control and management of the ConfederateHome for Women to the Board for Texas State Hospitals and Special Schools. No subsequent legislationhas been enactedby the Legislature which would authorize the closln 2 of such institution. Nor is it our opinion that House Bill 2 6, Acts of the 58th Leglslature, Regular Session, 1963, compiled as Article 3174b-S,Honorable RaymondW. Vowell, page 3 (C-179)

Vernon's Civil Statutes, authorizes the Board to contractwith licensednursing homes for the care of the personsmentioned in your letter. This Act reads as follows:

"'Section 1. The Board for Texas State Hospitals and Special Schoolsmay contract for the support,maintenance, care and treatment of mentally Ill and tubercularpatients committed to Its jurisdictionor forwhom the Board is legally responsible. Such contracts may be made between the Board and city, county, and state hospitals,private physicians, licensednursing homes and hospitals and hospital distrlcts.f

'Sec. 2. All laws or parts of laws in conflict herewith are hereby repealed.

"Sec. 3. The fact that from time to time institutionsunder the control andmanagement of the Board for Texas State Hospitals and Special Schools become overcrowded,making It Impossible to adequately treat and care for such persons, creates an emergency and an Imperative public necessity that the ConstitutionalRule requiring bills to be read on three severaldays In each House be suspended,and said Rule Is hereby suspended,and this Act shall take effect and be in force from and after Itspassage, and it Is so enacted."
The terms of the Act apply only to "mentally ill and tubercularpatients." The purpose of the ConfederateWoman's Home is not to care for this category of persons. F'rom a reading of Section 3 of this Act, it is further evident that the Legislature did not intend to repeal any portion of Articles3218, 3219, or 3220,Vernon's Civil Statutes, for In this Section the Legislature speaks of the overcrowded conditions of Institutions.

It is, therefore our opinion thatuntil the Legislature repeals or amends the Acta creating the Confederate Woman's Home, such institutionmust be maintained for the purposes set forth, as long as eligiblewomen reside therein.

-8sHonorable Raymond W. Vowell, page 4 (C-179 )



### SUMMARY

House Bill 266, Acts of the 58th Legislature, Regular Session, 1963, does not authorize the Board for Texas State Hospitals and Special Schools to contractwith licensednursinghomes for the care of persons being cared for at the ConfederateWoman's Home, unless they are mental&y 111 or tubercular.

Yours very truly,
WAQOONER CARR Attorney General

JB:mkh:zt

APPROVED: OPINION COMMITTEE

W. V. ffeppert,

Chairman

Pat Bailey Marvin Brown Murray Jordan Ben Harrison

APPROVED FOR THE ATTORNEY GENERAL BY: Stanton Stone

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