### THER~TO~RNEYGENERAL OFTEXAS

July 23, 1953

Hon. James A. Bethea, M. D. ExecutiveDirector OpinionNO. 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 Sanatoriumwhile residing off the grounds of the hospital. You have asked in substance tions: the followingquesDoes Section 1 of Article 3184,Vernon's Civil Statutes,apply to all State hospitalsor 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 marriedman, a skilledphgslcian authorizedto practicemedicine in Texas, and shall have not less than five (5) years experience in the treatmentof manta? diseases. He shall reside at the hospitalwith his family and shall devotehis time exclusivelyto the duties of his office,

. . .'I (Emphasis added.) Substantiallythese same provisionshave 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 originalact from which Article 3184 evolved (Ch. 93, GeneralLaws 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 maintenanceof the insane."
In earlier cbdlficationsthe phra&e "lunatic asglum" appeared In place of the phrde "StateHospital" IMJW used in Article 3184. In the revision of'1925 the various institufiotis for the oare of the m&tally ill, theretoforeknown 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 "StateHospital"was substitutedin Article 3184 for "lunaticasylum." The articlewas codified as a ptirt

of the chapter entitled "StateHospitals" which deals with mental hospitals. StatuteB relating tb institutions

for treatmentof tuberculosis were codified under a separatechapter 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 shouldbe construed so ab to carry out the legislativeintent,and when such intent is once ascertained,it shouldbe given effect, e.ven

though the literalm&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 "shallhave not less than five (5),garreeq$erience in the treatmentof 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 statuterequiringthe Superintendentof I&Knight State Sanatoriumto reside on the grounds D Article 3239,V.C.S., requires that he be a regularly licensedphysician , and you state that the present Superintendentis a doctor.

The legalityof paying rental allowancesto the Superintendent of MoKnight State Sanatoriumwhen residing off the grounds is governedat presentby 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 grouiidsis 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