The Attorney General of Texas 

September 13, 1979 

MAAK WHITE 

Attorney General 

Honorable James M. Windham 

Chairman 

Opinion No. MhV57 

Texas Board of Corrections Re: Construction of a new prison. 

Livingston, Texas 77381 

Dear ~Mr. Windham: 

You have asked: 

L Is the Department of Corrections authorized to 

acquire acreage for a.prison site upon which to 

construct a prison unit solely. with the 

appropriation for 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 

Proposed New Unit 20,187,OOO 

C. CeB Block Additions at six 

UllitS 13,280,500 

. . . . 

Any unexpended balances 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. 180 
Honorable James M. Windham - Page Two (Hw-57 1 

No. 510) for Building Appropriations, (including funds from Mineral 

Lease Fund No. 2721, are hereby reappropriated to the Department 

of Corrections for the same purpose for the biennium beginning 

September 1,1979, provided, however, that such reappropriated 

funds shall not be expended without the approval of the Board of 

Corrections; provided, also, that copies of such approvals shalI be 

filed with the governor and the Legislative Budget Board. 

. . . . 

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 upon which to construct a prison unit. 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 August 31, 1979. That rider required 

that Iand for 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 

Opinion II-R58 0978) concluded that any acreage purchased would have to comply with the 

statutory requirement and be located within 75 miles of Huntsville. 

That rider, however, does not appear in the current appropriations act Neither the 

reference to the Approval Board nor any other portion of the current appropriations 

provisions are tied to the 1955 statute authorizing the 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 appropriation for 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 appropriations act 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 

prison solely flom the appropriation for prison construction. Those 

funds sre not burdened with geographic limitations 

- MARK WHITE 

Attorney General of Texas 

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

JOHN W. FAINTER, JR. 

Fiat Assistant Attorney General 

TED L. HARTLEY 

Executive Assistant Attorney General 

Prepared by C. Robert Heath 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

C. Robert Heath, Chairman 

David B. Brooks 

Rick Gilpin 

William G Reid 

Bruce Y oungblood 

P. 182