Honorable Theophllus S. Painter 

Acting President 

University of Texas 

Austin, Texas 

Dear Sir: Opinion No. O-6569 

Re: House Bill No. 740, Acts, 49th 

Legislature, Regular.Seasion, 1945, 

transferring control of Galveston 

State Psychopathic Hospital from 

State Board of Control to the Board 

of Regents of the University of 

Texas, and related questions. 

We have received your recent inquiry on the follow+g subject; 

“By the pertinent provisions of Chapter 47, Acts, Regular 

Session of the Forty-second Legislature (1931) (Art. 3192, 

Vernonts Annotated Civil Statutes), there was established 

at Galveston a psychopathic hospital, to be known as the 

Galveston State Payohopathic Hospital, for the treatment 

of nervous and mental diseases, both in the hospital and 

outpatient clinic, and was made available as a part of .the 

teaohing facilities in mental medtOin8 for the State 

Medical College. 

“By Chapter 246, Acts, Regular Session of the Forty-ninth 

Legislature (1945) (Art. 3192a, Vernon’s Annotated Civil 

Statutes), the control and management of the Gal.veaton 

State Payohopathic Hospital, which waa formerly vested in, 

and to be exercised by the Board of Regents of The University of Texas, and that said hospital was no longer to 

be considered a part of the eleemoaynary service of the 

State. The hospital was, however, to be continued to be 

uSed as a hospital for then treatment of nervous and mental 

diseases, both in the hospita,,,, and out-patient clinio as 

a part of the teaching facilk 2ea 3 in mental medicine for 

the School of Medioine of T!h$%niverslty of Texas at 

Galveston. ,:, 

“In connection with the contemplated opening and operation 

of such hoapFta1 several questions have arisen in connection with the admissioni care, treatment and disoharging 

of patients as follows: 
Honorable Theophilus S.,Palnter - Page 2, O-6568 

N(l) Do the courts of this State have authority to 

commit mental patients to the Galveston State 

Psychopathic Hospital for temporary treatment not 

to exceed ninety days? 

"(2) If patients are oommitted by proper authority 

of the courts of this State to the Galveston State 

Psychopathic Hospital, do the authorSties in control 

of the management of this institution have any diacretion as to what patients may be admitted for 

treatment therein? 

"(3) Does the State Psychopathic Hospital at Galveaton have any legal right to restrain mental patients 

against their will in cases of emergency, and If ao, 

in what cases may this be,.done and for how long may 

suoh patients be so held?" 

Article 3174, Vernon's Annotated Civil Statutes of Texas, 

provides as followan 

"Each eleemoagnary institution established by law shall be 

managed and controlled in accordance with the provisions 

of this title. The general control, management and direction of the affairs, property and business of such institutions is vested in the State Board of Control." 

Article 3192$ Vernon's Annotated Civil Statute of Texas, provides as follows: 

"There shall be established and maintained a Psychopathic 

Hospital at Galveston to be known as the Galveston State 

Psychopathic Hospital, and one at Dallas to be known as 

the Dallas State Psychopathic Hospital. The Galv8ston 

State Psychopathic Hospital shall 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 teaohing facilities in mental medicine 

for the State Medical College. The Dallas State Psychopathic Hospital shall be a hospital for the treatment of 

nervous and mental diseases both in the hospital and in 

out patient clinic." 

House Bill No. 740, enacted by the 49th Legislature at its 

Regular Session ln~l945 (on page 384, 1945, Vernon's Texas 

Session Law Service), provides as followas 

"An Act to transfer the control and management of the 

Galveston State Psychopathic Hospital from the State 

Board of Control to the Board of Regents of the University 

of Texas; providing said Hospital shall no longer be a 

part of the eleemoaynary aervioe of Texas; repealing all 
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Honorable Theophilus S. Painter - Page 3, O-6568 

laws or parts of laws in conflict; and declaraing an 

emergency. 

"BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 

"Section 1. That from and after the effective date of 

this Act, the control and management of, and all rights, 

privileges,ppowers, and duties incident thereto, the 

Galveston State Psychopathic Hospital, located at, Galveston 

Texas, which were formerly vested in and exercised by the 

State Board of Control, shall be transferred to, vested in, 

and exercised by the Board of Regents of The University of 

Texas, and, hereafter, theaforesaid Hospital shall no 

longer be a part of the eleemosynary service of the State 

of Texas. 

"Sec. 2. The Galveston State Psychopathic Hospital shall 

continue to be used as a Hospital for the treatment of 

nervous and mental diseases, both in the Hospital and outpatient clinic, and shall be available as a part of the 

teaching facilities in mental medicine for the School of 

Medicine of the University of Texas, located at Galveston, 

Texas. 

"Sec. 3. All laws and parts of laws in conflict herewith 

are hereby repealed to the extent of the conflict only, 

"Sec. 4. The fact that there is now situated at Galveston, 

Texas, the Galveston State Psychopathic Hospital, consisting 

of a one hundred (100) bed mental hospital of substantial 

brick construction, ereoted at great expense to the State 

of Texas, which is not now being operated by the Board of 

Control for the benefit of the people of Texas, and the 

faot that the operation of said Hospital would also be of 

great benefit to the students of the School of Medioine of 

The University of Texas, as it was prior to the time it 

was shut down by the Board of Control, and the fact that the 

Hospital should be controlled and managed by the Board of 

Regents, of The University of Texas in connection with the 

School of Medicine of The University of Texas, create an 

emergency and an imperative public necessity that the Constitutional Rule requiring bills to be read on three 

several days in each House be suspended, and this Act shall 

take effect and be in force from and after its passage, 

and it is so enacted," 

It is clear from a study of the foregoing statutes that the 

Legislature intended to place the Board of Regents of the Univiersity of Texas in place and stead of the Board of Control in 

all matters relating to the control and management of the 

Galveston State Psychopathic Hospital. No right, privilege, 

power or duty incident thereto under the laws of this State was 
Honorable Theophilus S. Painter - Page 4, O-6568 

changed, with the exception of the matter contained in the 

clause in Section 1 of said House Bill No. 740, wherein it 

is said that "the foregoing Haspita shall no longer be a 

part of the eleemosynary service of the State of Texas." To 

determine the meaning of this clause we must interpret the 

term "eleemosynary.'" Webster defines it, inter alia, as: 

"Relating or devoted to charity or alms." Consequently, we 

concluse that the eleemosynary system of the State of Texas is 

that part of the State system that is primarily given or devoted 

to charity. We find in the appropriation bill (House Bill 

No, 666) for Mleemosynary and Reformatory Institutions enacted 

in 1943 by the 48th Legislature for biennium beginning Sept.l,, 

1943, and ending August 31, 

$3128894.00 for salaries, 

1945, a specific appropriation of 

maintenance and miscellaneous, and 

improvements, repairs and buildings, to the Galveston State 

Psychopathic.Hospital. However, pursuant to the provisions 

of said House Bill No. 740, supra, we find in the appropriation 

bilr (House Bill No. 173) enacted by the 49th Legislature in 

1945, for the biennium beginning Sept. 1, 1945, and ending 

August 13, 1947, for the University of Texas Medical Branch the 

sum of #350,920.00 for the "Psychopathic Hospital." W find 

further in the "rider"to the specific appropriation tz the 

University of Texas Medical Branch for the current biennium 

the following provisions: 

"There is also hereby appropriated to said Medical Branch 

to be used in connection with Medical Branoh Hospitals 

all charges and fees collected from pay patients for the 

general operation thereof, including maintenance, support 

and salaries of employees, for each of the fiscal years 

covered by this appropriation, and any unexpended balance 

remaining in said :fund at the olo8e of the firs% fiscal 

year is herebyreappropriated to said fund for the second 

fiscal year. Providedg t;hat the Board of Regents of The 

University of Texas is hereby authorized to fix reasonable 

rates to be charged and collected from pay patients of 

said hospital, ,and is further authorized to make and enter 

into contracts for the hospitalization of the indigent 

sick; and to accept donations and gifts for the support 

and maintenance of said hospitals." 

From the foregoing, we are lead to the conclusion that not only 

did the Legislature intend that the management, and control of 

said institution be changed, but it also intended a change in 

the fundamental purpose of the institution, i.e., from a statesupported charity institution, with the primary fuxon of 

admitting all committed to it by the courts, whether indigent 

or able to pays-and its use for school purposes only inoidental 

thereto; to a hospital to be used primarily as a sohool, with 

authorityTo choose the patients admitted thereto, whether 

paying or indigent, to be supported jointly by the State, the 

paying patients, and donations and gifts. We believe the effect 
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Honorable TheophSlus S. Painter - Page 5 , O-6568 

of said House Bill No, 740, supra, was to remove the 

Galveston State Ps chopathio Hospital from the application of 

the provisions of 8 hapter 2, Title 51, BernonPs Annotated Civil 

Statutes of Texas (Articles 3184-3201). 

The portion of the "rider" quoted hereinbefore, provides that 

the Board of Regents of the University of Texas is authorized 

to accept pay patients for treatment in said hospital and to 

make and enter Into contracts for the hospitalization of the 

indigent sick, From this we believe the Legislature contemplated that the said Board of Regents were empowered with discretion as to the number and types of patients to be admitted 

thereto. This power we deem necessary to the effectiveness of 

said institution in its exercise of Medical School functions, 

but same warauld be nullified if the courts retained authority 

to comrflit any and all insane persons to such institution. 

Therefore, we answer your question No. (1) in the negative, 

whic?h renders an ansvar to your question No. (2) unnecessary. 

In answer to your question No. (3), we believe that in cases of 

emergency, such as when a patient becomes violent or dangerous 

or in any case whe.re it is deemed to the best interest of the 

insane person or society at large that he be restrained, the 

Galveston State Psychopathic Hospital would have the lawful 

power to restrain such patient until he can be committed lawfully to a state eleemosynary institution for the care of the 

insane and other mentally ill persons. The dangerous lunatic 

has no inalienable right to roam the country at will and 

terrorize the populace. He must be confined until the legal 

machinery designed to see that he received justice and the 

benefits of due process of law is set in motion. See Opinion 

No. O-685, a copy of which is herewith enclosed. Such restraint 

could be only for a time reasonably sufficient to allow a lunacy 

hearing and lawful commitment -- no exact period of time can be 

set to fit all cases. 

Trusting the foregoing fully answers your inquiry, we arep 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

RLLsgb:mb/cg 

APPROVED OCT. 29, 1946 

Carlos- C. Ashley 

FIRST ASSISTANT ATTORNEY 

GENERAL 

By s/ Robert L. Lattimore Jr 

Robert L. Lattimore, Jr. 

Assistant 

This opinion considered and approved in limited conference.