# The Attorney General of Texas September 13, 1979 MAAK WHITE Attorney General HonorableJames M. Windham Chairman OpinionNo. MhV57 Texas Board of Corrections Re: Construction of a newprison. Livingston,Texas 77381 Dear~Mr.

Windham: You have asked: L Is the Departmentof Corrections authorized to acquire acreage for a.prison site upon which to construct a prison unit solely. with the appropriationfor prison construction? 2. If so, is there any restriction with respect to the location of such acreage? The major portions of the appropriations act which are relevant to

. . your mqnry are:

DEPARTMENT

OF CORREC’IICNS Par the Year Ending August 31,198O 8. Btdlding

Program: t Beto Unit Construction $ 13~50,000 ProposedNew Unit 20,187,OOO **C.** CeB Block Additions at six UllitS 13,280,500

. . . . Any unexpendedbalances as of August 31,1979, for the Department of Corrections in the general appropriations made and/or reappropriated by the Sixty-fifth Legislature, Regular Session (House Bi

p. 180HonorableJames M. Windham - Page Two (Hw-57 1

No. 510)for BuildingAppropriations,(includingfunds from Mineral Lease FundNo. 2721,are hereby reappropriatedto the Department of Corrections for the same purpose for the biennium beginning September 1,1979, provided, however, that such reappropriated funds shall not be expendedwithout the approval of the Board of Corrections; provided, also, that copies of such approvals shalI be filed with the governor andthe Legislative BudgetBoard.

. . . . The Department of Corrections is authorized to acquire from the proceeds of the sale of properties, and/or the exchange of properties, and/or from the appropriation for prison construction, acreage for a prison site uponwhich to construct a prisonunit. The acreage for a prison site shall be acquired only when authorized by the Approval Board consisting of the Governor, the Commissioner of the General Land Office, and the Chairman of the Board of Corrections. The question arises because of a rider in the preceding appropriations act which covered the period between September 1,1977, and August31, 1979. That rider required that Iandfor a new prison was to be acquired from the proceeds of the sale of the Blue Ridge Farm. The use of those funds, however, was limited by statute to the purchase of land within a 75-mile radius of Huntsville. In light of these provisions Attorney General OpinionII-R580978) concluded that any acreage purchasedwould have to comply with the statutoryrequirementandbe located within75 miles of Huntsville. That rider, however, does not appear in the current appropriationsact Neither the reference to the Approval Board nor any other portion of the current appropriations provisionsare tied to the 1955statute authorizingthe sale of the Blue Ridge Farm. Acts 1955,54th Leg., ch 457, at Il78. In fact, the second rider reproduced above specifically indicates that the department is authorized to finance the acquisition of property from any one of three alternative sources. Thus, the department is specifically authorized to utilize the appropriationfor prison construction rather than the proceeds from the sale of the Blue Ridge Farm as the exclusive source of funds for the acquisition of a site for a new prison. The current appropriationsact contains no geographic limitation on the use of the appropriation

for prison construction.

SUMMARY The Department of Corrections may purchase a site for a new prisonsolely flom the appropriationfor prison construction. Those fundssre not burdenedwith geographic limitations

- MARK WHITE Attorney General of Texas

P. 181HonorableJames M. Windham - Page Three (NW-57)

JOHNW. FAINTER,JR. Fiat AssistantAttorney General TED L. HARTLEY Executive AssistantAttorney General Preparedby C. Robert Heath AssistantAttorney General APPROVED: OPINION

COMMITTEE C. Robert Heath, Chairman DavidB. Brooks Rick Gilpin WilliamG Reid Bruce Youngblood

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