June 10, 1964 

Mr. Raymond W. Vowel1 

Executive Director 

Board for Texas State 

and Special Schools 

Austin, Texas 

Dear Mr. Vowell: 

Opinion Wo. c-265 

Hospitals Re: Whether the appropriation 

to the Board for Texas 

State Bospitals and Special 

Schools, contained in the 

General Appropriation 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 General Appropriation Bill can be used to purchase 

land for the purpose of expanding the Lufkin State School and Its 

sewage treatment plant. In response to our request for additional 

information you have advised us that the Board intends to expend 

approximately $10,000 for the acquisition of 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 facilities located 

near Lufkln, Texas, and known as the Lufkin Air 

Force Base, said Board shall establish and maintain 

an additional school for the diagnosis, special 

training, education, supervision, treatment, care 

and control of mentally retarded persons of this 

state. After the establishment of said school, 

it shall be known as the 'Lufkin State 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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Mr. Raymond W. Vowell, page 2 (C-265) 

"Within the limits of appropriated funds 

the Board is further authorized to acquire by 

eminent domain, urchase or glft, additional 

land adjacent to bilities so acquired from 

the United States Government for the purpose of 

enlarging said school." (Emphasis added). 

An examination of the clear and unambiguous - wording 

t;e expresf 

g E%%tool." 

The current appropriation for Lufkln State School as 

stated In House Bill No. 86, Acts 58th Legislature 1963, Regular 

Session, Chapter 525, Page 1412 Is as follows: 

"1 . Expansion to include 800 Added Beds . . ...2.000.000' 

Said appropriation Is for the express purpose of expanding, or 

enlarging, the School to include additional beds. An express 

power Is necessarily accompanied by implied powers. This was 

clearly explained by the Texas Supreme Court in Terre11 v. Sparks, 

104 Tex. 191, 135 S.W. 519, 521 (lgll), wherein the Court held: 

nWhenever a power is given by statute, everything necessary to make It effectual or requisite 

to attaln the end is implied. It is a well-established arinciole that statutes containinn grants 

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 carries with It by necessary Implication every 

th 0 er e execu on 0 

the power expressly,granted. Where the law commands 

anvthinn to be done. It authorizes the oerformance 

of-whatever may be necessar 

commands." (Emphasis added 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: 

"While no 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 Territory v. BELxter, 

16 Okla. 359, 83 P. 709, the Supreme Court of 

Oklahoma. in construing a statute identical in 

substance with ours, h&d that the power given a 

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. - 

m. Raymond w. Vowell, page 3 (C-265) 

commissioners1 court to issue bonds to build 

likewise implied power to issue such bonds 

to equip the same." (Emphasis added). 

Therefore, the express powers concerning expansion, 

given to the Board by the aforesaid statute and appropriation, 

give the Board the implied power to use a 

propriated funds for the express purpose 

necessary for the expansion prescribed in the 

tion. 

SUMMARY 

Section 2, Article 3263d of Vernon's Civil 

Statutes gives the Board the express power to use 

appropriated funds for the purchase of addition%1 

land 'for the purpose of enlarging said School. 

The current appropriation for said School provides 

$2,00$,000.00 for expansion "to include 800 Added 

Beds. Under the well recognized doctrine that 

express powers carry by necessary implication every 

other power necessary and proper to the execution 

of the powers expressly granted, the Board is authorized to expend a portion of the aforesaid appropriated 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 

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