E A'ITORNEYGENEBAL. 

OF EXAS 

Grover Sellers 

-SON 

AlTGRNEN GENERAL 

Honorable Wearer Baker, Chairman 

Board of Control 

Austin, Texao 

Dear Sir: Opinion lvo. 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 recent communloatlon to this department made, in part, 

a8 followe: 

** * l In view of the fact that Texaa hae 

more than one hundred training cappa for armed forcea, 

a plan was suggested whereby we could acquire come of 

these Forts to take care of the eleemosynary made of 

this State, particularly la the above mentioned fields. 

The Legislature, by Coucurrent Renolution, Importuned 

the Members of the Congress of Texas to help aa; and 

In addition thereto, duly enacted the folloviug law: 

"In Item 30 of sec. 2 of 9. B. 317, 49th 

Legislature, Regular Session, we find the 

followiug: 

"'The Board of Control is hereby authorized 

to lease from any ageucy bf the Federal Gorernment for ncmiaal consideration auy fort, army 

camp or any other facility for any period of time 

not to exceed ten years, for any we or purpose in 

eleemosynary service, and any unexpended mum0 at 

the end of the flret year of the biennium, ending September 1, 1947, Is hereby appopriated out 

of the maintenance and eupport fpds a.8 provided 

for in House Blllllo. 206 of the Forth-ninth Laglalatura for the purpose of paying any euch lease or 

leaeem, repairs and reconverting such facility or 

facilities to rult the aeeda of elemorynary eenlce, 

paylqg all 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 pnrpoee of rumoring any property, or 

properties, acquired by the State for eleemorynary 

purpoaer from any location, or locatlono, unto State 

owned laude, and for the purpose of 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 further find 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 Control any unexpended balaance in auy 

ftmd or item appropriated to any eleemoayuary institution remaining at the end of the current flecal year and at the end of the flmcal year 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 place mame In me at any eleemorynary 

institution, or at my other desirable site, where 

sufficient lauds can 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 operate and maintain maid bullding or bulldlaga. Salaries of raid employeer #hall 

not exoeed those paid in mlmllar iustltutionr 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 labor and 

material6 arw available, opwnd $20,000.00 iron 

said unexpended balaucw for conwtmction of liring quwrtwrr for employeww of the Wichitw Fallw 

State Hospital. 

"'6. For the purpoww of 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 forcws of the United States. 

Thlw to laoludw the cost of any repair6 or 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. Salaries of such employees 

are not to exceed those paid in wlmilar lnwtitutionw 

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 special lwgielation wupportiug the malntenancw of the P. 0 W. Camp at Brady for the aforesaid nwgro 

school and the hwrwinaftwr wwt out inquires arw not directed 

to its operation. 

ìi l * 

"Through the courtwwy of nwmbwrw of your staff 

working with our legal rwpreawntatirw from thlw Board before 

the organlratlon of thw 49th Legislature, the aforwwaid 

lwgiwlatlon waw written and Incorporated in blllw duly 

pawned by the Le$lsl.aturw anq hereinabove wet out. For 

your further information, thq Comptroller of Public Accounts 

certified, aw required by the Constitution, to the appropriaMon. 

"Will you kindly ad+ww this Board whether thw 

prorlwion of thw aforwwald ldglwlation erw legal and effective, 
’ 

Houorablw Weaver Baker, page 4, O-6965 

according to the reading thereof , and whether thlw Board la 

empowered to actiratw such abandoned facilitlwe, reconvert 

and maintain then in the manner therein provided.' 

"Among the general powers of the Board of Control'rwgarding 

wlwemoeynary lnwtltntionw lioted uudwr Article 693, Revised Civil 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 grounds of thw institutions. 

"7. It shall wxwrciww a careful wupwnlwion 

ovwr the gwneral opwrationw of such inwtitutlonw and control 

the expenditurea, and direct thw manner In which thwlr 

revenue shall be diwburwwd. 

"8 . It may take and hold in truwt any gift or 

devise of rwal or personal wwtatw for the bwnwflt of 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 general appropriation billw, 

which may embrace the rwrlous subjects and accounts, for 

and on account of which moneys are appropriated) ehall 

contain morw than onw subject, which shall be expressed 

la its title." / 

The caption to the Elewmoeynary Appropriation Bill of the 

49th Legislature, more specifically designated aa H. B. 206, Chap. 237, 

49th Legislature, Regular Seseion, reads as follows: 

*An st making appropriationw for thw wupport, 

melntwnance and improvement of thw Eleemosynary and Reformatory Institutions of the State of Texww for thw two year 

period bwginalug September 1 1945, and ending Au&uwt 31, 

1947; ana prescribing cwrtwln rwgulatione and rwwtrictions 

iti rwwuect to the expenditure of said appropriations; and 

declaring au wmwrgwncy." (Bphawlw ourw) 

Thw caption to the Departmental Appropriation Bill of 

said Leglwlaturw, more apeclflcally dwalgnatwd l e S B. 317, Chap. 378, 
Honorable Wwavwr Baker, page 5, o-6965 

49th Legislature, Rwgulwr Swwwion, rwadw, in part, aw follovw; 

"An Aot making wpproprlatlonw for the wupport 

and maintenance of the wxwcutlvw and admlnlwtrativw dwpart4nwntw and wgwnciww of the Statw Qover~wnt for the 

two-ywar period beginning Swptwmbwr 1, 1945, and ending 

August 31, 1947, wnd for payment of 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 leaaw and 

opwrwtw any army camp of fort frcm the Federal Governmwnt; 

and providing w~wclfio 1Imltatlone 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 Section 2 of 3 B. 317, 

quoted In your communication to this department, appropriates to the 

Board of Control for the purposes therein wet forth any unexpended wumw 

at the end of the first year of the biennium ending Septwmbwr:l, 1947, 

out of the maintenance and support fundw aw provided for in House Bill 

IVo. 206 of the Forty-ninth Legislature. 

Your quotations from the Eleemosynwry Bill are from 

Section 2 of said H. B 206. It Is to be noted that wald Section 2 . 

appropriates to the Boerd of Control for 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 fiscal year ending Auguwt 31, 1946. It should also be noted that 

each portion of said two general appropriation bills quoted In your 

communication applies strictly to eleemowynery service. Therefore, 

all of wald quoted provlwlonw wre gwrmwnw to wlewmowynwry wwrvlcw, 

and must be read and oonwlderwd In connection with each other. 

A careful reading of these provlwionw in wald approprlation bill6 convlncee uw that they do not violate Section 35 of Article 

3 of our Constitution, said provisiona are germane to and definitely 

connected with thw subject of the appropriations, viz: elwwmowynary 

service, as clearly covered by the caption to 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, Revised Civil Statutew, 

1925, from vhich vw have theretofore quoted, liwtw the general powers 

and dutiww of said Board of Control for the government of thw State 

slwwmowyuary inwtitution. It is certain, therwforw, that ample provlwlon has bean made by gwneral law for the proper application 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 lawful regulations and restriction8 contained Inthw 

appropriations. 
Honorable Weaver Baker, page 6, 0-6965 

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

Ct.) 156 S. W. 197, Involved legielatlon claImad to be in violation 

of Section 35, Article 3 of our Constitution. The State, pursuant 

to an act of the, 29th Lbgialature, 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 expended undwr 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 diwcuwwing thiw objection, Chief Juwtlce Brown 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 - 

'no bill (except general appropriation bills, vhioh 

may embrace the variouw subjects and accountw, {or 

and on account of which moneys 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 wubjwct of the appropriation bill 

that would apply if it vwrw wmbracwd in a wwparatw 

bill. 

"It cannot be that a wwpantw and independent 
Honorable 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