-, - 

THEATTORNEY GENERAL 

OF TEXAS 

GROVER S.r.l,L.ERS AUS-MN. 1% TESTAS 

Honorable Heaver H. Baksr 

Chairman, Board of Control 

capitol Building 

Austin, Texas 

Dear Sirs Opinion Ho, O-6927 

Ret Does the State Board of Control 

have authority to lease the 

Galveston State Psychopathlo 

Hospital to the Federal Gcvernment for a venereal disease 

clinic? 

He acknowledge receipt of your letter of March 9, 1944, wherein 

you request cur opinion on the following questiona 

"Does the State Board of Control have the legal right to enter 

into a oontraot nith an agency 02 the Federal Gcvernment for the 

use of the Galveston State Psychopathic Hospital for the care and 

treatment of venereal patients?" 

Your letter further advises that this institution has been temporarily 

closed because of storm damages sustained July 27, 1943, and for the 

further reason that the State Board of Control has been able to afford 

hoapitaliration to mental pa$ienta in other existing haspitals, 

. 

The Galveston State Psychopathic Bcspital, a State eleemosynary 

institution, was established pursuant to Article 3192, Revised Civil 

Statutes, which reads, in part, a8 follows 

"There shall be established and maintained a Psyohopathio 

Hospital,at Galveston to be known as the Gal.veston State psychopathic Hospital 0 o . o The Galveston State Psychopathic 

Hospital ahall be a hospital for the treatment of nervous and 

mental diseases both in the hospital and out patient clinic, 

and shall be available as a part of the teaahing facilities 

in mental medicine for the State Medical College." 

Article 3174, Revised Civil Statutes, ccnoermiag the management 

and control of State eleemosynary institutions prcvides as follewan 

"Each eleemosynary institution established by law shall be 

managed and controlled in aocordanae with the provisions of 

this title. The general control, management and direction of 
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Honorable Weaver H. Baker, Page 2 o-5927 

the affairs, properties and business of such institution is 

vested in the State Board of Control.m 

Title 20 of that Revised Civil Statutes relating to ths creation and 

duties of the State Board of Control provides under Article 665, Revised 

Civil Statutes, in part, as follows: 

'The State Board of Control shall have charge and control of 

all public buildings, grounds and property of the State, and is 

the Custodian of all public personal propsrty, and is charged 

with the responsibility to properly care for and protect such 

property frcm dsmage, intrusion or improper usage, and the Board 

is expressly directed to talcs any steps necessary to protect any 

public building against any existing or threatened fire hasards 

" 

. 0 . . 

By virtue of the above quoted statutes the State Psychopathic Rcspita1 at Galveston is a Stats sleemosynary institution under the management and control of the State Board of Control, which Board has also 

been deeignated the Custodian of the public buildings and grounds cone 

stituting such institution and is "charged with the responsibility to 

properly care for and protect such property from damage, intrusion or 

improper usage". 

As stated in the 3,etter and brief attached to your request for this 

opinion the institution in question has been temporarily closed since 

July 27, 1945, because of storm damage and beoause the Board of Control 

has bees able to afford hospitalisation to mental patients In other 

existing hospitals. Furthermore, it is stated, and justifiably tie think, 

that the purpose for mbich the Gcvsrnment desires to lease the premises 

is closely connected to the purposes for which the Galveston Psychopathic 

Hospital was established. Statistics are available which will show that 

1% to 20% of those treated 'for nervous and mental diseases at a psychcpathic institution are possessed of a condition traceable to syphilis. 

Presently then, said building now idle is not now being used as a hospital 

for the treatment of nervous and mental diseases as initially created by 

statute. It is at present only a vacant public building and is not 

serving a public function, 

Further information furnished this department discloses that in the 

event authority can be found in the State Board of Ccntrol to lease the 

said building to the Federal Government for the purposes expressed herein, the Government in consideration thereof will repair said property 

at its expense and at the oost of approximately Fifteen Thousand Dollars 

(tl5,000)* and will thereafter keep said property in good repair whils 

it is being used for the purposes expressed3 that when the Government 

has equipped the building for the use intsnded, the 8me sufficiently 

equipped and in good repair sill be turned over by the Government to 

the Tsxas State Board of Health, which Board till thereafter manage and 
Honorable VIeever Ii. Baker, Page 3 o-5927 

supervise the proposed Rapid Treatment Center; that the said proposed 

venereal station or center nil1 be used primarily 8s a station for ths 

treatment of civilian venereal cases and will be used only incidentally, 

if indeed at all, to treat soldiers and other members of the armed 

services. 

If in the wisdom of the Board of Control as Custodian of public 

property and grounds comprising the Galveston Psychopathic Hospital, the 

lease of' this property.to the Federal Government for the purpose stated 

is necessary in order "to properly care for and protect suoh property 

from damage, intrusion, or improper usage", said Board would, in our 

opinion, have authority under Article 665 and X74,? above quoted, to 

execute the lease. Such authority, us believe, would bs incidental to 

its p-r to manage, control and protect public property in such a manmer as mill be to the best interest of the State. 

It should be pointed out, however, that authority in respect of 

State property rights is vested in the Legislature. and the Legislature 

alone may exercise the poser necsasary to the proteotion of those 

rights by the enactment of statutes for that purpose. That is, the 

Legislature and not the Custodian of the State buildings has the poser 

to determine whether the State has a present need for a building set 

apart, or created for psychopathic hospital purposes. Ccnley vs 

Daughters of the Republic, 106 Tex. 80, 156 S, K, 197, 200, 157 8.X* 

937, reversing (Civ. App.) 157 S, W. 8779 38 Tex, JUP, page 836. 

It is, therefore, the opinion of this department that the State 

Board of Control, as Custodian of public buildings end grounds. may 

execute a lease contract with an agency of the Federal Government for 

the use of Galveston State Psychopathic Hospita? for the care and treatment of venereal patients, if under the facts submitted the Board deems 

the contract advantageous to the interests of the Stats snd necessary 

to protect the public property from further damage and deterioration, 

subject, however, to the will of the Legislature when expressed with 

respect to the future usage of such property, 

Very truly yours 

ATTORNEY GERERAL OF TEXAS 

CEO:ff:nc 

By s/Chester E, Ollison 

Chester E0 Ollison 

Assistant 

APPROVED MARCH 21. 1944 s/Grover Sellers ATTORREY GERERAL OF TEXAS 

This Opinion Considered And Approved In Limited Conference