June 10, 

### 1964

Mr. Raymond W. Vowel1 ExecutiveDirector Board for Texas State and Special Schools Austin, Texas

Dear Mr. Vowell: OpinionWo. c-265 Hospitals Re: Whether the appropriation to the Board for Texas State Bospitals and Special Schools, contained in the GeneralAppropriation Bill can be used to purchase land for the stated purpose. You have requested an opinion on whether the appropriation to the Board for Texas State Hospitals and Special Schools, contained in the GeneralAppropriation Bill can be used to purchase land for the purpose of expanding the Lufkin State School and Its sewage treatmentplant. In response to our request for additional informationyou have advised us that the Board intends to expend approximately$10,000 for the acquisitionof necessary land to carry out the proposed expansion.

Section 1, Article 3263d of Vernon's Civil Statutes states as follows:

"Should the Board for Texas State Wospitals and Special Schools acquire from the United States of America the property and facilitieslocated near Lufkln, Texas, and known as the Lufkin Air Force Base, said Board shall establishand maintain an additional school for the diagnosis, special training,education, supervision,treatment,care and control of mentally retarded persons of this state. After the establishmentof said school, it shall be known as the 'LufkinState School.'" Said land has been acquired by the Board and the School has been established.

Section 2, Article 3263d of Vernon's Civil Statutes states as follows:

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"Within the limits of appropriatedfunds the Board is further authorizedto acquire by eminent domain, urchase or glft, additional land adjacent to

bilities so acquired from the United States Governmentfor the purpose of enlarging said school." (Emphasisadded).
An examinationof the clear and unambiguous - wording

t;e expresf
g E%%tool." The current appropriationfor Lufkln State School as stated In House Bill No. 86, Acts 58th Legislature1963, Regular Session, Chapter 525, Page 1412 Is as follows:

"1

. Expansionto include 800 Added Beds

.....2.000.000' Said appropriationIs for the express purpose of expanding,or enlarging,the School to include additionalbeds. An express power Is necessarilyaccompaniedby impliedpowers. This was clearly explainedby the Texas Supreme Court in Terre11 v. Sparks, 104 Tex. 191, 135 S.W. 519, 521 (lgll),wherein the Court held:

nWhenevera power is given by statute,everything necessaryto make It effectualor requisite to attaln the end is implied. It is a well-established arinciole that statutes containinngrants of power are 'to

be construed so as to include the authority to do all things necessary to accomplish the object of the grant. The grant of an express power carrieswith It by necessary Implicationevery th **0** er e execu on 0 the power expressly,granted.Where the law commands anvthinn to be done. It authorizesthe oerformance of-whatever

may be necessar commands." (Emphasisadded v for executing its

. Further, in this regard, attention is called to the case of Moon v. Alred, 277 S.W. 787, 788 (Tex.Civ.App. 1925, error dism. Ej.), wherein the Court stated:

"Whileno Texas case has been found on all fours, as to the exact state of facts, with the case at bar, in other jurisdictions the question has been directly decided. In Territoryv. BELxter, 16 Okla. 359, 83 P. 709, the Supreme Court of Oklahoma. in construinga statute identical in substancewith ours, h&d that the power given a
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m. Raymondw. Vowell, page 3 (C-265)

commissioners1

court to issue bonds to build

likewise impliedpower to issue such bonds to equip the same." (Emphasisadded). Therefore,the express powers concerningexpansion, given to the Board by the aforesaid statute and appropriation, give the Board the impliedpower to use a propriated funds for the express purpose necessary for the expansionprescribed in the tion.
SUMMARY

Section 2, Article 3263d of Vernon's Civil Statutes gives the Board the express power to use appropriatedfunds for the purchase of addition%1 land 'forthe purpose of enlarging said School. The current appropriationfor said School provides $2,00$,000.00for expansion "to include 800 Added Beds. Under the well recognizeddoctrine that express powers carry by necessary implicationevery other power necessaryand proper to the execution of the powers expresslygranted, the Board is authorized to expend a portion of the aforesaidappropriated funds for the purchase of a site upon which the Board can carry out its authorized expansion.
Yours very truly, WAGGONER CARR Attorney General

RBJ:sj:mkh APPROVED: OPINION COMMITTEE Roy-B. Johnson Assistant

W. V. Geppert, Chairman John Reeves Cecil Rotsch Larry Merriman George Gray APPROVED FOR TRE ATTORNEY GENERAL BY: Stanton Stone -1266-