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.I ,., 

Hon. Hall H. Logi, Chaitian ’ 4 

State Board of Control 

Austin, T+as Opinion No. V-644 

. . R& Construction of ‘the ap- 

~propriatioxi ’ for. establish- 

. . . ing the: Weaver: H. Baker 

. -. _. , , Memorial Tuberculosis 

_.. _ Sanatoriuui and the ap- 

.L. .propriation for the support 

., :‘.. .jl .: ~. and maintepapct thereof for 

,. : the curzeirt fiscal year. 

Dear Sir: :._ .~. 

:. 

‘. . . .?.:.:i., . . ., 

Your J&ter ‘Lx&e&g anopiniowof ti&~&fice in part res&: 

“There is hereby appr~pri&ed’f& ‘the’ fiscal 

.ycar~;eding. August 31, 1948,~.tbe ~sum of-Five Hpn-. 

dred Fifty Thousand ($55,O,C!OO.OO) Dol&rs.for the 

conversion.an&&caring of.tiQe to Moore Field 

near Mission, Tekas, in dccordance witbsenate 

.Bill No. 147, Acts of Regular Sessioa, 50th Legisla~rs.,~!1947,;~d.d~tabUshing.fhc:~Wravsr H;‘l)akcr 

Memorial:TubCrculotiisSanator~ium. &~.tbe .event.;z. 

MooreiFkJd canixot bq secuked,the:.B&ard af C-t.,. 

trol:abalkhave autborit$ to.Jeste+bUsh. said Saaat&uxn 

at such:otJxerqdace:~as .the Board of :&~trol...may .: 

ti.Ct.: FOX w 'ffSCd year. e,ZJdhg ~dhlg~~k~31,: 1949.i 

the unexpended bhlance of Five Huadred Fifty Tbouiand~($550,DOO;OO).Dollars is N ppropriated for 

qonversioni : (For. t&fiscal yea P endiag’.August .31;~ 

1948, Xbere is :approp&k?d the sum of .Thkea shunt 

dred, Ten .Thou&nd. ($~310;000.00) Dollars. to the : . 

Weaver H; BakkMemorial Tuber’culosis Sanatorium 

for salaries, operation, support, maintenance. general improvements, repairs and contingent expenses.) 

For the fiscal year ending August 31, 1949, there is 

appropriated Six Hundred Thousand ($600,000.00) 
222 Hon. Hall H. Logan, Page 2 (V-644) 

Dollars for salaries, operation, support, msintenance, general improvements, repairs and 

contingent expenses& Upon the establishment of 

such hospital, patfents shall be admitted, thereto 

in accordance with +be 14~s. roles and regylations appUcab& to, *t admission of patfents to 

the State Tuberculosis Sanatorium at Carl&ad. 

Texas.. 

“Complying with the above quoted Legislative Act the Comptroller of Public Accounts credited the folJo*g appropriation accounts for the 

current ytarz 

.No. Description Amount 

K-696 For the c,onvtrsion and securing $ 550,ObO.OO 

of Title to Moore Field near Mfsdon, Tex+s, In accordance wfth 

S&B. 147, R.S. 5,Oth Legislature. 

and estabD@fng the Weaver H. 

Baker Mkncirial. ‘Ifybtrculosis SumiAct&qn. .&the event Moore Field cannot be secured the Board of Control 

shall have authority to tstablfsh said 

Sanatorium atsuch other place as the 

Board of. Control may direct. 

K-697 For Salaries; operation, support, 3 10,00b.00 

mainttnanct, general fmprove- 

.mtnts, +tpriri and contingent txpast. 

aTitle to tht Mere Field Proptrtits his 

been acquired .by the State and this Board is now 

engaged in converting the acquired propertiCs to 

a Tuberculosis Hospital. There are no patients 

at thfs institution and none are sntfcipated until 

convtrsion of the pwperties i6 compltttd. 

‘In accordance with fnstructions from this - 

Board most of the tipenses of this project have 

been paid from appropriation K-697 &scribed 

above. However, the Comptroller of Publfc Accounts has qutstfoacd a number~of these items 

(set attachments). 
Hon. Hall H. Logan, Page 3 (V-644) ’ . 223 

I 

‘%I our option, appropriation’K-,696 is 

available for any ‘expenses connected with the 

conveision of this property. Since all expenses 

now ‘being incurred are’ the dfrect result of the 

program, to convert this war time army air 

field to a State Tubercular Hospital; it would 

appear that all invoices, and payrolls covering 

.thew expenses might properly be charged to 

appropriation K-696. 

. ’ *We w&Id appreciate your opinion.” 

8. - 

The pertfixent part of Senate Bill No. 147, Acts 50th Legislature, ‘page 58; fs Section 1; which ,reads: 

;.,: .:. . 

“Section 1. The State Board of Control is 

hereby authorfned to negotiate for and to acquire 

from the ynited States Government, or any agency 

thereof, by gift, purchase, or lease-hold, for and 

On behalf of the State of Texas, for use in the State 

eletmd~~hrj servic.6, and in the t stablishrnent .of 

state tuberculosis Sanatoriums, any lands, bufldfngs, 

and’fdcil#fes wftbfn the State of Texas. and any personal properties wherever located, and to take title 

thereto for and in the neme of the State of Texas.’ 

In accordance with the authority conferred upon the-Board by 

Senate ~Biil No. ‘147 and appropriation No. K-696, it secured for the 

State of Texas title to Moore Field and many buildings situated thtreon, and is now‘engagtd in doing those things which in its judgment are 

necessary to convert the premises into an established tuberculosis 

sanatorium. *There are do patients at this institution and none are 

anticipatad until conversioriof the properties is completed.. 

Your Board is of the opinion that any expense incurred by it in 

connection with the .conversion of this property into a tuberculosis 

sanatorium is properly payable from appropriation No. fG696. You 

have submitted to the Comptroller, for his approval andpayment out 

of appropriation No. K-696, stveral.accounts for such items as kerosene. thrfftane,,grocerfes, vegttabks, paper towels, rugs, chairs, 

tables, and othtr4urxiitki; postage’ stamps, and a typewriter. The 

Comptroller refused to approve any of these accounts for payment from 

this appropriation because, in his opinion, such expenditures are only 

payable from appropriation No. K-697. 

After 4 careful consideration of Senate Bill NO. 147 and appropriations Nos. K-696 and K-697, we have concluded that the Legislature 
224 Hon. Hall H. Logan, Page 4 (V-644) .’ .‘, 

intended for the Board, after it had acquired title to Moore Field, 

to do those things which in its judgment w-era necessary to put the 

Field and the buildings thereon in suitable conditfonrfor. use and 

occupsncy as a tubercasis sanatorium, and.to pay,-eXpenditurea 

incurred for such purposes out of appropriationNo...K-696. It is 

our further opfnfon that expenditures for furniture; tqufpment and 

supplies of every kiad and character. necessary to,makt .my building suitable for use and occupancy for the purpose for ~which it was 

designed are properly payable from thfs appropriation. 

.You have fnformed us that all of the above mentioned expenditures have been in connection with the conversion a@ tqnfppfng 

of such installation for hospital purposes, including~tht :groctries 

and vegetables being furnished carpenters and other employees now 

engaged in such work. Under the se conditions the items may be 

paid from appropriation K-696,: 

~,., , ~SulvlMARY. 

Any expenditure made by thk S&e ‘Board of 

Cox&ol.for the purpose .of ~puttfng Moore Field in 

s&able condition for use snd ,occupancy as a tu:. 

.bercuJosfs sanatorium may be paid from appropriation No. K-696 (Acts 50th Leg., p, 607). 

Yours very truly, 

ATTQRNEYGENERALOFTEXAS 

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( 

,: . 

: 

,. ‘~.,. 

BWB:wb:vmb 

By &,+di&&&) 

B&t W. Bryant ,. 

Assistant 

a. ATTORNEY GENERJU