THER~TO~RNEYGENERAL 

OFTEXAS 

July 23, 1953 

Hon. James A. Bethea, M. D. 

Executive Director 

Opinion NO. s-72 

Board for Texas State Hospitals Re: 

and Special SchoolsAustin, Texas 

Dear Dr. Bethea: 

Legality, of spaying 

rental allowances 

to Superintendent 

of MoKnight'State 

Sanatorium while 

residing off the 

grounds of the hospital. 

You have asked in substance 

tions : 

the following quesDoes Section 1 of Article 3184, Vernon's Civil 

Statutes, apply to all State hospitals or only to State 

mental hospitals? May the superintendent of a tuberculosis hospital live off the grounds and be paid rental allowances? 

From the wording of your request, we assume that 

your inquiry is limited solely to McKnlght State Sanatorium. 

Section 1 of Article 3184, Vernon's Civil Statutes, states: 

"The Superintendent of each State Hospital shall be's married man, a skilled phgslcian authorized to practice medicine in Texas, 

and shall have not less than five (5) years 

experience in the treatment of manta? diseases. 

He shall reside at the hospital with his family 

and shall devote his time exclusively to the 

duties of his office, . . .'I (Emphasis added.) 

Substantially these same provisions have been the 

law for many years. See Art. 3184, R.C.S. lY25; Art. 119, 

R.C.S. 1911; Art. 97, R.C.S. 18%; Art. 75, R.C+S. 1879. 

The caption of the original act from which Article 3184 evolved (Ch. 93, General Laws 7th Leg., 1858, p. 

114) reads as follows: 
- . I 

Hon. James A. Bethea, page 2 (s-72) 

"An act to provide for the organisatioa of then State Lutiatic Asylum, aid for 

the care and maintenance of the insane." 

In earlier cbdlfications the phra&e "lunatic 

asglum" appeared In place of the phrde "State Hospital" 

IMJW used in Article 3184. In the revision of'1925 the 

various institufiotis for the oare of the m&tally ill, 

theretofore known a8 hospitals for the insane. lunatic 

asyluma, insane asylums, and so on, were r&amed "State 

Hospitals." See Art. 3185, V.C.S. Along with this 

change, the phrase "State Hospital" was substituted in 

Article 3184 for "lunatic asylum." The article was codified as a ptirt of the chapter entitled "State Hospitals" 

which deals with mental hospitals. StatuteB relating tb 

institutions for treatment of tuberculosis were codified 

under a separate chapter entitled "Other Institutions." 

It was held in Wood v. State, 133 Tex. 110, 126 

S.W.2d 4, 7 (1939): 

"It la the settled law that statutes 

should be construed so ab to carry out the 

legislative intent, and when such intent 

is once ascertained, it should be given effect, e.ven though the literal m&aning of the 

words used therein is not followed." 

Bearing in mind the above history of this law 

and the fact that the present law states that the superintendent "shall have not less than five (5), garreeq$erience in the treatment of mental diseases, 

the oplnlon that it was the Intent of the Legislature 

that Section 1, Article 3184, Vernon's Civil Statutes, 

should apply only to superintendents of mental hospitals. 

We do not find any statute requiring the Superintendent of I&Knight State Sanatorium to reside on the 

grounds D Article 3239, V.C.S., requires that he be a regularly licensed physician , and you state that the present 

Superintendent is a doctor. 

The legality of paying rental allowances to the 

Superintendent of MoKnight State Sanatorium when residing 

off the grounds is governed at present by subsection (f), 

Section 5, Article II of Chapter 499, Acts 52nd Leglslature, which states: 
Hon. James A. Bethea, page 3 (S-72) 

"Where housing is not available on the 

grounds of the idtitutioh for doctors, the 

Board is hereby authorized to reimburse the 

doctor for the-actual amount of rent and utilities for housing similar to that furnished 

on the grounds, provided that such rent pagments shall not exceed One Hundred Dollars 

($100) per month and utilities payments shall 

not exceed Twent 

(Emphasis added. 3 

-five Dollars ($25) per month." 

Whether housing Is available on the grouiids is 

a question of fact upon which we cannot pass, but which 

is to be determined by the Board. 

This opinion ex 

eral's Opinion 0-5657 .(19 r 

essly overrules Attorney Gen3) insofar as they conflict. 

SUMMARY 

Section 1, Article 3184, Vernon's 

Civil Statutes, requiring State hospltal superintendents to have five years 

experience in treating mental diseases 

and to "reside at the hospital" applies 

only to superintendents of State mental 

hospitals. Where housing is not avallable on the grounds of McKnlght State 

Sanatorium, a tuberculosis hospital, the 

Superintendent may be reimbursed for rent 

and utilities. 

APPROVED: Yours very truly, 

Rudy G. Rice JOHN BEN SHEPPERD 

State Affairs Division Attorney General 

Willis E. Gresham 

Reviewer 

Mary K. wall 

Reviewer 

Robert S. Trotti 

First Assistant 

John Ben Shepperd 

Attorney General 

SCR/rt 

BY -&"- cc-. R4 

Sam C. Ratliff 

Assistant