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## THEATTORNEY GENERAL OF TEXAS

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

HonorableHeaver H. Baksr Chairman,Board of Control capitol Building Austin, Texas

Dear Sirs OpinionHo, O-6927 Ret Does the State Board of Control have authority to lease the Galveston State Psychopathlo Hospitalto 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 Controlhave the legal right to enter into a oontraot nith an agency 02 the Federal Gcvernment for the use of the Galveston State PsychopathicHospital for the care and treatment of venereal patients?"

Your letter further advises that this institutionhas been temporarily closed because of storm damages sustained July 27, 1943, and for the further reason that the State Board of Controlhas been able to afford hoapitalirationto mental pa$ienta in other existinghaspitals,

. The Galveston State PsychopathicBcspital,a State eleemosynary institution,was established pursuant to Article 3192, Revised Civil Statutes,which reads, in part, a8 follows
"There shall be established andmaintained a Psyohopathio Hospital,atGalveston to **be known**  **as** the **Gal.veston State**  psychopathicHospital 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 inmental medicine for the State Medical College."
Article 3174, Revised Civil Statutes, ccnoermiagthe management and **control** of State eleemosynary institutionsprcvides as follewan
"Each eleemosynary institutionestablished by law shall be managed and controlled in aocordanaewith the provisions of this title. **The general**  **control,** management and direction of-1 -

Honorable Weaver H. Baker, Page 2 o-5927

the affairs, propertiesand business of such institution is vested **in** the State Board of Control.m
Title 20 of that

Revised Civil Statutes relating to ths creationand duties of the State Board of Controlprovides 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 publicpersonal propsrty,and is charged with the responsibilityto properly care for and protect **such** property **frcm** dsmage, intrusion or improperusage, and the Board is expresslydirected to talcs any steps necessary to protect any public buildingagainst any existing or threatened fire hasards

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. . By virtue of the above quoted statutes the State PsychopathicRcspita1 at Galveston is a Stats sleemosynary institutionunder themanagement and control of the State Board of Control,which Boardhas also been deeignated the Custodianof the public buildingsand grounds cone stituting such institutionand is "chargedwith the responsibilityto 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 hospitalisationtomental patients In other existinghospitals. Furthermore, it is stated, and justifiablytiethink, that **the** purpose for mbich the Gcvsrnment desires to lease the premises is closely connectedto the purposes for which the Galveston Psychopathic Hospitalwas established. Statisticsare availablewhich will show that 1% to 20% of those treated 'for nervous and mental diseases at a psychcpathic institutionare possessedof a conditiontraceable to syphilis. Presently then, said buildingnow idle is not now being used as a hospital for the **treatment** of nervous and mental diseases as initially createdby statute. It is at present only a vacant public building and is not serving a public function,
Further informationfurnished 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 expressedherein, the Government in considerationthereofwill repair said property at its expense and at the oost of approximatelyFifteen Thousand Dollars (tl5,000)*and will thereafterkeep said property in good repairwhils 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 repairsill be turned over by the Government to the Tsxas State Board of Health,which Board till thereaftermanage andHonorableVIeever Ii. Baker, Page 3 o-5927

supervise the proposedRapid Treatment Center; that the said proposed venereal station or centernil1 be used primarily **8s a**  **station** for ths treatment of civilianvenereal cases and will be used only incidentally, if indeed at all, to treat soldiers and othermembers of the armed services.
If in thewisdom of the Board of Control as Custodian of public propertyand grounds comprising the Galveston PsychopathicHospital, the lease of'this property.tothe 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 Boardwould, in our opinion,have authorityunder 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 shouldbe pointed out, however, that authority in respect of State property rights is vested in the Legislature. and the Legislature alonemay exercise the poser necsasary to the proteotionof those rights by the enactment of statutes for that purpose. That is, the Legislatureand not the Custodian of the State buildingshas the poser to determinewhether the State has a present need for a building set apart, or created for psychopathichospital purposes. Ccnleyvs Daughtersof 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 contractwith 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 submittedthe 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 Legislaturewhen expressedwith respect to the futureusage of such property, Very truly yours
ATTORNEY GERERAL OF TEXAS

CEO:ff:nc By s/Chester E, Ollison ChesterE0 Ollison

Assistant

APPROVED MARCH 21. 1944 s/Grover Sellers ATTORREY GERERAL OF TEXAS
This Opinion ConsideredAnd Approved In Limited Conference