E 

## A'ITORNEYGENEBAL. OF EXAS

Grover Sellers -SON AlTGRNEN GENERAL

Honorable

WearerBaker,Chairman Board of Control Austin,Texao
Dear Sir: Opinionlvo. O-6965 Re: Authority

of Board of Control to contract

with Federal Gorerment for lease of any abandoned

Amy Camp or Camp8 for eleqmonynary

ssrrlce.
Your recentcommunloatlon to this department

made, in part, a8 followe:

** * l In view of the fact that Texaa hae more than one hundredtraining cappa for armed forcea, a plan was suggested whereby

we could acquirecome of theseForts to take care of the eleemosynary made of this State,particularly la the abovementioned fields. The Legislature,

by Coucurrent

Renolution,

Importuned the Membersof the Congress of Texas to help aa; and In additionthereto, duly enacted

the folloviuglaw:
"In Item 30 of sec. 2 of 9. B. 317, 49th Legislature,

RegularSession,

we find the followiug: "'TheBoard of Control is hereby authorized to leasefrom any ageucybf the FederalGorernment for ncmiaalconsideration auy fort, army camp or any other facility for any period of time not to exceedten years, for any we or purpose in eleemosynary

service,

and any unexpended

mum0 at the end of the flret year of the biennium,ending September1, 1947, Is hereby appopriated out of the maintenance and eupport

fpds a.8

provided for in House Blllllo.206 of the Forth-ninthLaglalaturafor the purposeof payingany euch leaseor leaeem,

repairsand reconverting such facility

or facilities

to rult the aeeda of elemorynary eenlce, paylqgall support

and maintenance

coet, utilities, bilJ.# of every kind and character, and salarlee

nece#-. I

Honorable

Wearer Baker,pqe 2, o-6965

aary to the operation thereof,

for maid blennlm, or for the pnrpoeeof rumoring any property,

or properties,

acquired

by the State for eleemorynary purpoaer

from any location,

or locatlono,

unto State owned laude,and for the purposeof paying all expenses naoaasary and incident thereto,

provided, hoverer,that auy salary,or salarlea set up by the State Board of Control Incident and neceasau for the operation

of such facility,

or facilitler,

ehall not exceed In cost the mm of mouey appropriated for the mm, or similar poaitlons

in eleemomyuary

mmice. '
qou will furtherfind a# a part of the eleemo#ynary bill which va.s

passed unanirously by both the House and Senate,the followiug

appropriation

mearure: "There le he-by appropriated to the State Board of Controlany unexpended balaance

in auy ftmd or item appropriated to any eleemoayuaryinstitution

remaining

at the end of the currentflecal year and at the end of the flmcalyear ending August 31, 1946, to be wed by the Board of Control for the followleg

purposes

only: "'1. For the repairing, remodellug

and/or renovating

of any hospital, ward building,

dorritory, or soy other building at any Elesroryna~ Inatitntion. II '2

. For the replacement and installation

of any plumbing

fixtures,

electrlcalviriug

and fixtures, heating ineulatloru, and my like equipment at any aleemosyamy 1natitution. "'3. For conetructloa of any new building, or building,

and purohaae

of equlaent and furniture necessary

to placemame In me at any eleemorynary institution,

or at my other desirable site,where sufficient

laudscan be obtained without coot to the state. "'4. For the mpport and maintenance for operation and um of any uew or renovated building

or buildiugn

which &all Include the employment

of mfflolent

personnel

to operateand maintainmaid bullding or bulldlaga. Salaries of raid employeer

#hall not exoeedthosepaid in mlmllariustltutionr for aame or minllar work.Honorable Wearer Baker,page 3, O-6965

"'5. Thw Board of Cpntrol shall during thw biwunium

wudlpg Auguwt 31, 1947, If laborand material6

arw available,

opwnd $20,000.00

iron said unexpended

balaucwfor conwtmction of liring quwrtwrr

for employeww

of the Wichitw Fallw StateHospital. "'6. For the purpowwof reconvwrtlng to State eleemowynary

senlca any U. S. army carp or camps in the State of Texas which has or have been or may be abandoned

by the armed forcwsof the United States. Thlw to laoludwthe cost of any repair6or improvements necessary

for the rwconrwrsion of said cslap

or cwmpw, thw cost of support, operation

and mnintenanca therwof,

and the cowt of employing wufficlwnt

personnel in COMectiOU therewith. Salariesof such employees are not to exceed thosepaid in wlmilarlnwtitutionw for the same or nirilar work.'
"In view of the aforesaid lwglwlation,

thiw Board has nude applica$ion for thrrw faoilltlwe formerly

used by the armed forcer; to wit:

'Tort Ringgold,

Texas, a.8

a tubercular

hospital; "Thw P. 0. W. Camp wt Brady,Texas, for a jurwnilw dwlinquwnt

Bwgro Girls' School;and
"P. 0 W. Camp at I(wxia, Twxaa, for handicapped children."There is speciallwgielation wupportiug

the malntenancw

of the P. 0 W. Camp at Brady for the aforesaid nwgro schooland the hwrwinaftwr wwt out inquires

arw not directed to its operation.

ìi l * "Through

the courtwwy

of nwmbwrw of your staff working

with our legalrwpreawntatirw from thlw Board before the organlratlon

of thw 49th Legislature, the aforwwaid lwgiwlatlon

waw writtenand Incorporated in blllw duly pawnedby the Le$lsl.aturw anq hereinabove

wet out. For your furtherinformation, thq Comptroller

of PublicAccounts certified,

aw required

by the Constitution, to the appropriaMon. "Willyou kindlyad+ww this Board whether thw prorlwion

of thw aforwwald

ldglwlation

erw legaland effective,’

Houorablw

Weaver Baker,page 4, O-6965

according to the reading thereof , and whetherthlw Board la empowered

to actiratwsuch abandoned facilitlwe,

reconvert and maintainthen in the manner therein provided.' "Amongthe general

powers of the Board of Control'rwgarding wlwemoeynary

lnwtltntionw

lioted uudwr Article 693, RevisedCivil Statutes, are the following:

'1. To make rules and rwgulatilons for the government

of the State wleerowynery inwtitutionw,

not inconsistent

with t&w Conwtltution and laws. "5. To make all contracts and nwcwwwary

arrangements

for the erection

of building

or impmramentw upon the groundsof thw institutions.

"7. It shall wxwrciww a carefulwupwnlwion ovwr the gwneral

opwrationw

of such inwtitutlonw and control the expenditurea,

and direct thw manner In which thwlr revenueshallbe diwburwwd.

"8
. It may take and hold in truwt any gift or devise of rwal or personal wwtatwfor the bwnwfltof such Institution

and apply the wemw aw the donor or dwriwor nay direct."

Section 35 of Article 3 of our Conwtitutloa prorldwa, in part, that: 30 bill, (except generalappropriation billw, whichmay embracethe rwrloussubjects and accounts,

for and on accountof which moneys are appropriated) ehall contain

morw than onw subject, which shall be expressed la its title." /

The captionto the Elewmoeynary Appropriation

Bill of the 49th Legislature,

more specifically

designated

aa H. B. 206, Chap. 237, 49th Legislature,

RegularSeseion,readsas follows: *An st makingappropriationw for thw wupport, melntwnance

and improvement

of thw Eleemosynary and Reformatory Institutions

of the State of Texww for thw two year periodbwginalug

September1 1945,and ending Au&uwt 31, 1947; 

### ana prescribing cwrtwlnrwgulatione and rwwtrictions iti rwwuectto the expenditure of said appropriations; and declaring

au wmwrgwncy." (Bphawlw ourw)

Thw captionto the Departmental Appropriation

Bill of said Leglwlaturw,

more apeclflcally

dwalgnatwd

l e S B. 317, Chap. 378,Honorable WwavwrBaker, page 

### 5, o-6965

49thLegislature,

RwgulwrSwwwion,

rwadw, in part, aw follovw;
"An Aot makingwpproprlatlonw for the wupport and maintenance

of the wxwcutlvw

and admlnlwtrativw

dwpart4nwntw

and wgwnciww

of the Statw Qover~wnt for the two-ywar

periodbeginning

Swptwmbwr1, 

### 1945, and ending August 31, 

### 1947,

wnd for paymentof other wpwolfiwd olalmw and Item; * l *proving for the Board of Control to nwgotlatw

purchase

of Fwdwral commodltlew; w w *providing that thw Board of Control may be authorized

to leaawand opwrwtwany army camp of fort frcm the FederalGovernmwnt; and providing

w~wclfio1Imltatlone and regulationw

via rwfwrenow to the wxpwndlturw of the app~oprlatlonw made hwrein; and declaring

an emergency." (Emphasis ourw)
It will be noted that Item 30 of Section2 of 3 B. 317, quoted In your communication to this department, appropriates

to the Board of Controlfor the purposes therein

wet forth any unexpended wumw at the end of the firstyear of the biennium endingSeptwmbwr:l,



### 1947, out of the maintenance and support

fundw aw providedfor in House Bill IVo. 

### 206 of the Forty-ninth Legislature.
Your quotations from the Eleemosynwry Bill are from Section2 of saidH. B 

### 206. It Is to be noted that wald Section2
. appropriates

to the Boerd of Controlfor the purposes bhwreln

wet forth and quoted in your communication, any unexpended

balance In any fund or Itwm appropriated to any wl&wmowynwry Institution

remaining at the end of the current fiecal year 

### (1944-1945) and at the wnd of thw fiscalyear ending Auguwt 31, 

### 1946. It shouldalso be noted that each portionof said two generalappropriation bills quoted In your communication

appliesstrictly

to eleemowynery

service. Therefore, all of wald quotedprovlwlonw wre gwrmwnwto wlewmowynwry wwrvlcw, and must be read and oonwlderwd In connection

with each other.
A carefulreadingof theseprovlwionw in wald approprlation bill6 convlncee uw that they do not violateSection 

### 35 of Article 

### 3 of our Constitution, said provisiona

are germaneto and definitely connected

with thw subject

of the appropriations, viz: elwwmowynary service,

as clearly

covered by the captionto H. B. Ro. 206. Such nervice, by general law,lw under the mauagwmwnt aud jurlwdlotion

of the Board of Control,

which Is one of the admlnlwtratlvw dwpartmwnts

and agwnclww

of our Stste Covwrument.Article 693, RevisedCivil Statutew, 1925,from vhich vw have theretofore quoted,liwtw the general powers and dutiww of said Board of Controlfor the government of thw State slwwmowyuary

inwtitution. It is certain, therwforw,

that ample provlwlon has beanmade by gwnerallaw for the properapplication of any funds appropriated

for elwemowynwry

service

by the Leglwlature of Texas. Such funds, of courww, must be expended

and applied In accordanew with the lawfulregulations and restriction8

contained

Inthw appropriations.Honorable WeaverBaker, page 6, 0-6965

The canw of Conlwy v. Daughters of the Republic, (Sup. Ct.) 

### 156S. W. 

### 197, Involved legielatlon

claImadto be in violation of Section 

### 35,Article 

### 3 of our Constitution.The State,pursuant to an act of the,



### 29thLbgialature,

affective

January 

### 26, 1905,

had purchawwd

the Alamo prop&ty in San'Atitonio, and had dwllvwrw~ wuw to the carw and:aus~ody 'Of'the~Dau~tbrw

of the Rwpublia,of

Texaw. Said property

vae:,'to be meiiitainbd

by wdid~Da@it~w of the R*$pablii "la good order ~r&rwpalF,~without charge to &ie State,'aw a' eaored memorial,"

thw own&-whip

,thwreof

rwmalnlng

in Vie'Statw. gevdra& years thwrwaftwr,

atlis ~Cellbd'Stswldn

of the Legiilaturw, In 1911, 'the

general approprlatIod,'W11.uwe.snacted, and,~conUinwd

thw, foll~l~~provision: ;, ,' : '"For The Yeais **Endlltg ’**  **-** "

“Au& 

### 31, 1929 “Au& 

### 31, 1913

Vor the irprovement of the Alamo property

bwlonging

to the State of Twxaw, in thw City of San Antonio,to be expendedundwr thw direction of the Supwrintwndent of PmblIc Buildingw

and Grounds,

upon approval of thw Governor
. I
. . 0 0 e q I a e $5,000.00

Objection

yaw made to said appropriation bill that it vaw violative

of Swctlon 

### 35,Article 

### 3 of our Constitution. In diwcuwwingthiw objection, ChiefJuwtlceBrown wrote a.8 follows:
"To the argument

that the dirwctlon

a.8 to expenditure

of the $5,000 is unconwtitutional, it lw wuffiolwnt

to way that from this language- 'nobill (except

general

appropriation

bills,vhioh may embrace

the variouwsubjects and accountw,

{or and on accountof whichmoneys are appropriated) shall contain

morw than onw wubject, which shall be expressed

In its titlw' - the excwptlon rwliwvew that bill from the limitation and pemite the wemw treatment

of each wubjwctof the appropriation bill that would apply if it vwrw wmbracwd in a wwparatw bill.
"It cannot be that a wwpantw and independentHonorable Weaver Baker, page 7, o-6965

Lav would bw nwowewary to direct and control the expenditure of every item of appropriation."

Aleo, regarding the legality of certain provirionw contained la en appropriation bill, sew the caee of Booth b Flinn v. Miller, (Sup. Ct. of Penn.) 85 Atl. 457.

Constitutional proriwions on titles of bills must bw conwtruwd liberally In order to sustain t+w validity of the title and the etatute. Marrow 

### ana technical COnd,NCtiO,U whould bw aroldbd. Sutherland Statutory Construction, 3rd Edition, (horack), p. 292, par. 1704.

Also, "In deciding the coastltutionality of a etitute l l l , w~wry PreamptiOn **faTOr thW**  Talidity Of the Act. Aw iw true in cawwe prw6wntlng other c.onwtltutlonal iewuw8, thw Courta avoid declaring an Act unconwtltutionalwhwnerer possible.* Id., p. 295, par. 1906.
"All prorisionP that are incidental or auxiliary to, or In any reasonable q wnsw will promote the object Indicated In the title, legltlmately may be Included in the Act." Id., 'p. 296, par. 1707. Also, the following quotation from 59 C. J., p. 812, paragraph 373, is most aignlficant:

"All matters, hovever, which arw germane to, and natyrally connected with, the eubjwct announced by the title of an Act and not wxc$udwd thwrwby are corwrad by It and may validly be included in thw statute.'
It le therefore the opln$on of this department that thw proris'ione

of the Leglelation under consideration are legal and effectITe, according to the reading thereof. It is also our opinion that the Board of Control is empowered to activate such abandonwd facilltlew, and to rwconrwrt and maintain them in the manner prorldwd in such lwglwlation.
Yours rwry tru4
Al'TOFRlKfGEKSEALOFTlEAS

BY L. H. Flwvwllen

Aselwtant
IHF:EP