. . . i :. I.

._. .I .: .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

### maintepapctthereof 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~sumof-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 canixotbq secuked,the:.B&ard af C-t.,. trol:abalkhave autborit$ to.Jeste+bUsh. said Saaat&uxn at such:otJxerqdace:~as.theBoard of:&~trol...may .: ti.Ct.: FOX w 

### 'ffSCd year. e,ZJdhg

~dhlg~~k~31,: 

### 1949.i the unexpended bhlance 

### ofFive Huadred Fifty Tbouiand~($550,DOO;OO).Dollars is N ppropriated for qonversioni : (For. t&fiscal yeaPendiag’.August .31;~ 1948, Xbere is :approp&k?d the sum of.Thkeashunt dred, Ten .Thou&nd. ($~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, 

### generalimprovements, 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 

### otherplace as the Board 

### of.

Control may direct. K-697 For Salaries; operation, support, 310,00b.00 mainttnanct, general fmprove- .mtnts, +tpriri and contingent txpast. aTitle to tht 

### Mere Field Proptrtits his been acquired .bythe State andthis 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 pertfixentpart 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 andto 

### acquire from the ynited States Government, or any agency **thereof,** by gift, purchase, or lease-hold, for and Onbehalf of the State of Texas, for use in the State eletmd~~hrj servic.6, and in the tstablishrnent .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 andin the neme of the State of Texas.’ In accordance with the authority conferred uponthe-Board by Senate~BiilNo. ‘147and appropriation No. K-696, it secured 

### forthe State of Texas title to **Moore** Field and many buildings **situated** thtreon, and is now‘engagtd in doing those things which in itsjudgment 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 

### submittedto 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 ofSenate 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 itsjudgment w-eranecessary to put the Field andthe buildings thereon in suitable conditfonrfor.

### useand 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 ~whichit 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 forhospital purposes, including~tht:groctries and vegetables being furnished carpenters and 

### otheremployees 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 ;. ;~ : .’

. i:_

. ... ( ,: . :

,. ‘~.,. BWB:wb:vmb By &,+di&&&) B&t W. Bryant ,. **Assistant**

a. ATTORNEY GENERJU