THE ATTORNEY GENERAL 

OF TEXAS 

Dr. S. H. Frazier, Commissioner 

Texas Departmeht of Mental Health 

and Mental Retardation 

Box S, Capitol Station 

Austin, Texas 

Opinion Ro. C-591 

Re: Whether the redesignation to the 

Texas Department of Mental Health 

and Mental Retardation by Governor 

Connally as the agency for administering and supervising state 

plans for the construction of 

mental retardation facilities 

under Sec. 134(a)(l) and community health centers under Sec. 

204(a)(l) of Public maw 88-164 

Dear Dr. Frazier: is legal. 

We are in receipt of your letter of recent date 

requesting an opinion on the question as hereinafter stated: 

Whether the redesignation to the Texas 

Department of Mental Health and Mental 

Retardation by Governor Connally as the 

agency for administering and supervising 

state plans for the construction of mental 

retardation facilities under Section 134(a) 

(1) and community health centers under 

Section 204(a)(l) of Public maw 88-164 

is legal. 

Under date of December 16, 1963, Governor John 

Connally, in a letter addressed to the Honorable Anthony J. 

Celebrezze, United States Department of Health, Education 

and Welfare, Washington, D. C., designated the State Department of Health as the agency for administering and supervising 

state plans for the construction of mental retardation facilities under Section 13&(a)(l) and community health centers 

under Section 204(a)(l) of Public Law 88-164. 

-2853- 
Dr. S. H. Frazier, page 2 (C-591) 

Under date of December~5, 1963, in a letter addressed 

to Dr.~J.~ E. Peavy, Commissioner, State Health,Department, 

Austin, Texas, Waggoner Carr, Attorney General, advised 

Dr. Peavy that under Article J+&?i'd of Vernon's Civil Statutes, 

the Department of Health of the State of Texas was designated 

to accept on behalf of the State any grant, gift, or contribution made to assist in the cost of carrying out the purposes 

of the Texas Hospital Survey and Construction Act, and that 

this Act specifically authorizes the Health Department of the 

State of Texas to carry out the construction program involved 

in connection with construction of mental retardation facilities in community health centers. 

Thereafter, the Legislature passed House Bill No. 3, 

chapter 67, Acts 59th Legislature, 1965, in which Act the 

Texas Department of Mental Health and Mental Retardation was 

created and there was transferred to the new department certain 

powers, duties, functions, property, records and personnel of 

the State Department of Health. 

Said House Bill Bo. 3 provides in part: 

"Sec. 2.14. The Department may accept gifts, 

grants, and donations of money, personal property, 

and real property for use in expanding and improving 

the mental health and mental retardation services 

available to the people of this state. 

"Sec. 2.15. The Department may negotiate with 

any agency of the United States in order to obtain 

grants to assist in the expansion and improvement 

of mental health and mental retardation services 

in this state. 

"Sec. 2.16. (a) All powers, duties, and 

functions relating to the commitment, care, 

treatment, maintenance, education, training, 

and rehabilitation of mentally ill or mentally 

retarded persons, or relating to the administration of mental health or mental retardation 

services, previously vested in the Board for 

Texas State Hospitals and Special Schools and 

in the Division of Mental Health and the Office 

of Mental Health Planning of the State Department of Health, are transferred to the Texas 

Department of Mental Health and Mental Retardation. 

-2854- 
Dr. S. H. Frazier, page 3 (C-591) 

(b) All land, buildings, facilities, 

property, records, and personnel used by the 

Board for Texas State Hospitals and Special 

Schools and by the Division of Mental Health 

and the Office of Mental Health Planning of 

the State Department of Health in conjunction 

with such powers, duties, and functions are 

transferred to the Texas Department of Mental 

Health and Mental Retardation. Provided, 

however, this transfer shall not apply to 

the buildings presently occupied by the 

Texas State Department of Health." 

In a letter dated January 4, 1966, the Honorable John 

Connally wrote the following: 

"The Honorable John W. Gardner 

United States Department of Health, 

Education and Welfare 

Washington, D. C. 

Dear Mr. Secretary: 

&I December 16, 1963 I designated the 

Texas State Health Department as the agency 

for administering and supervising state 

plans for construction of mental retardation 

facilities under Section 134 (a (1) and 

community health centers under $ ection 204 

(a) (1) of Public Law 88-164. 

Since that time state legislation has 

created a new Department of Mental Health 

and Mental Retardation to coordinate and 

administer all of the programs for the 

mentally ill and mentally retarded. 

Therefore, as of February 1, 1966, I am 

hereby redesignating the above responsibilities to the Department of Mental Health 

and Mental Retardation. The Commissioner 

of Mental Health and Rental Retardation is 

Dr. Shervert II. Frazier.and his address is 

4500 Rorth Lamar, Austin, Texas." 

This office has been furnished a plan which is 

entitled "Texas State Plan for Construction of Facilities for 

the Mentally Retarded 1965" which has been prepared and submitted 

-2855- 
Dr. S. H. Frazier, page 4 (c-591) 

by the Texas State Department of Health to the United States 

Department of Health, Education and Welfare, for approval, 

and in said State plan there is set out the letter from 

Governor John Connally dated December 1.6, 1963, and the 

letter from Waggoner Carr, Attorney General of the State of 

Texas, dated December 5, 1963. 

There also appears in said State plan a memorandum 

from Harald )I. Graning, H. D., Assistant Surgeon General, to 

the Regional Health Director, Hospital and Medical Facilities 

Program Director, Dallas, Texas , on the evidence of authority 

of State agencies to administer the Mental Retardation Facilities Construction Program, wherein among othes States is 

listed Texas, showing the authority for the State Department 

of Health to administer such grants for construction. 

It appears from a reading of all of the pertinent 

statutes and correspondence, that Governor John Connally has 

the authority under existing law to designate or to redesignate 

these responsibilitiee from the State Department of Health to 

the Texas Department of Mental Health and Rental Retardation, 

subject to the approval of the United States Department of 

Health, Education and Welfare. 

SUMMARY 

Governor JohnConnally has the legal authority 

to redesignate the responsibilities formerly given 

the State Department of Health as the agency for 

administering and supervising State plans for the 

construction of mental retardation facilities 

under Section 134(a)(l) and community health 

centers under Section 204(a)(l) of Public Law 

88-164, to the Texas Department of Mental 

Health and Rental Retardation, subject to the 

approval of the United States Department of 

Health, Education and Welfare. 

Yours very truly, 

WAGGORER CARR 

Atto@ General" /) , ,, 

By: 

Assistant 

JID3:fSj 

-2856- 
Dr. S. H. Frazier, page 5 (C-591) 

APPROVED: 

OPIHION COMMITTEE 

W. V. Geppert, Chairman 

Roger Tyler 

Phillip Crawford 

M&rietta Payne 

Robert Flowers 

APPROVED FOR THXATTORNEY GENERAL 

BY: T. B. Wri&ht 

-2857-