THE ATTORNEY GENERAL

OF TEXAS

Dr. S. H. Frazier, Commissioner Texas Departmehtof 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 Retardationby Governor Connally as the agency for administering and supervising state plans for the constructionof 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 requestingan opinion on the question as hereinafter stated:

Whether the redesignationto the Texas Department of Mental Health and Mental Retardationby Governor Connally as the agency for administering and supervising stateplans for the constructionof mental retardation facilitiesunder Section 134(a) (1)and communityhealth centers under Section 204(a)(l) of Public maw 88-164 is legal.

Under date of December 16, 1963, Governor John Connally, in a letteraddressed to the HonorableAnthony 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 stateplans for the constructionof mental retardation facilities under Section 13&(a)(l)and communityhealth centers under Section 204(a)(l) of Public Law 88-164.

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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 underArticle J+&?i'd of Vernon's Civil Statutes, the Departmentof 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 carryingout the purposes of the Texas Hospital Survey and Construction Act, and that thisAct specificallyauthorizes the Health Department of the State of Texas to carry out the constructionprogram involved in connectionwith constructionof mental retardation facilities in communityhealth centers.

Thereafter, the Legislaturepassed House Bill No. 3, chapter 67, Acts 59th Legislature, 1965, in which Act the Texas Department of Mental Health and Mental Retardationwas created and therewas 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 inpart:

"Sec. 2.14. The Departmentmay 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 thepeople of this state.

"Sec. 2.15. The Departmentmay negotiatewith 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 rehabilitationof mentally ill or mentally retardedpersons, 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.

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(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 Departmentof Health in conjunction with suchpowers, duties, and functionsare transferred to the Texas Departmentof Mental Health and Mental Retardation. Provided, however, this transfer shallnot apply to the buildings presently occupiedby the Texas StateDepartment of Health."

In a letter dated January 4, 1966, the Honorable John Connallywrote the following:

"TheHonorable JohnW. 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 administeringand supervising state plans for constructionof mental retardation facilitiesunder Section 134 (a (1)and communityhealth centers under $ection 204 (a) (1)of Public Law 88-164.

Since that time state legislationhas created a new Departmentof Mental Health and Mental Retardation to coordinateand 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.andhis address is 4500 Rorth Lamar,Austin, Texas."

This office has been furnisheda plan which is entitled "Texas State Plan for Constructionof Facilities for the Mentally Retarded 1965"which has been prepared and submitted

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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 fromWaggoner 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 ConstructionProgram, 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 Connallyhas the authorityunder existing law to designateor 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 StatesDepartment of Health, Education and Welfare.

SUMMARY

Governor JohnConnally has the legal authority to redesignate the responsibilitiesformerly given the State Department of Health as the agency for administeringand supervising State plans for the constructionof mental retardation facilities under Section 134(a)(l)and communityhealth 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

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