THEATTORNEYGENEI 

OF TEXAS 

Honorable Raymond W. Vowel1 

Executive Director 

Board for Texas State Hospitals 

and Special Schools 

Austin, Texas Opinion No. C-179 

Re: Whether the Board, under 

the provisions of H.B. 266, 

Acts 58th Legislature, 1963, 

may enter into a contract 

with a licensed nursing 

home to care for indigent 

wives and widows of exconfederate soldiers and 

Dear Hr. Vowell: sailors. 

In your opinion request dated November 4, 1963, you 

stated the following: 

"The Board for Texaa State Hospitals and 

Special Schools has under its control and management the Confederate Woman's Home located at 3710 

Cedar, Austin, Texas, which Is a home for Indigent 

wives and widows of ex-confederate soldiers and 

sailors established by an Act of the Legislature 

of 1911 now codified as Articles 3218, 3219 and 

3220, Vernon's Civil Statutes of Texas. This 

facility has in the past housed as many as 124 

such persons; 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. 

"This Board 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 others who 

should apply and be admitted to the Confederate 

Woman's Home with a licensed nursing home. The 

cost of their care would be paid from funds appropriated to the Board for Texas State Hospitals 

and Special Schools to pay for contract treatment 

and new outpatient cl+ln,ics. 

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

??our opinion as to the legality of such 

a procedure is respectfully requested." 

The statutes which create and require the maintenance 

of the Confederate Woman’s Home in Austin read as follows: 

Article 3218, Vernon's Civil Statutes, states: 

"There shall be established in or near 

the city of Austin, a home for the Indigent 

wives and widows who are over sixty years of 

age, of disabled ex-Confederate soldiers and 

sailors who entered the Confederate service 

from Texas, or who came to the State prior to 

January 1, 1880, and whose disability is the 

proximate result of actual service in the Confederate army for ,at least three months, and 

also for women who aided the Confederacy. 

This lnstltutlon shall be known as the Confederate Woman's Home." 

Article 3219, Vernon's Civil Statutes, states: 

"The Board shall make suitable rules and 

regulations for the admission of women to the 

benefits of said home and for the internal 

government and management of said home. The 

Board shall also provide such attendants and 

nurses as may be deemed necessary In the management of the Home, and fix their compensation. 

The Board shall appoint a superintendent for 

the Confederate Woman's Home, with the approval 

of the Governor." 

Article 3220, Vernon's Civil Statutes, states: 

"Said superintendent must be the widow or 

daughter of a confederate soldier, and shall 

reside in the Home and receive free board 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 Confederate Home for Women 

to the Board for Texas State Hospitals and Special Schools. 

No subsequent legislation has been enacted by 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 Raymond W. Vowell, page 3 (C-179) 

Vernon's Civil Statutes, authorizes the Board to contract with 

licensed nursing homes for the care of the persons mentioned 

in your letter. This Act reads as follows: 

"'Section 1. The Board for Texas State 

Hospitals and Special Schools may contract 

for the support, maintenance, care and treatment of mentally Ill and tubercular patients 

committed to Its jurisdiction or for whom the 

Board is legally responsible. Such contracts 

may be made between the Board and city, county, 

and state hospitals, private physicians, 

licensed nursing 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 

institutions under the control and management 

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 Constitutional Rule 

requiring bills to be read on three several days 

In each House be suspended, and said Rule Is 

hereby suspended, and this Act shall take effect 

and be in force from and after Its passage, and 

it Is so enacted." 

The terms of the Act apply only to "mentally ill and 

tubercular patients." The purpose of the Confederate Woman'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 that until the Legislature repeals or amends the Acta creating the Confederate 

Woman's Home, such institution must be maintained for the 

purposes set forth, as long as eligible women reside therein. 

-8s 
Honorable 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 contract with licensed nursing homes 

for the care of persons being cared for at the 

Confederate Woman'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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