Honorable Theophllus S.Painter

Acting President University of Texas Austin, Texas

Dear Sir: Opinion No. O-6569 Re: House BillNo. 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, andrelated 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 apsychopathic hospital, tobe known as the Galveston State Payohopathic Hospital, for the treatment ofnervous and mental diseases, both inthe hospital and outpatient clinic, and wasmade available as apart of .the teaohing facilities inmental medtOin8 for the State Medical College.
“ByChapter 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 ofRegents ofThe University of Texas, and that said hospital wasno longer to be considered apart of the eleemoaynary service of the State. The hospital was, however, tobe continued tobe uSed as ahospital for thentreatment ofnervous andmental diseases, both in the hospita,,,, and out-patient clinio as a part of the teaching facilk 2ea 3 inmental medicine for the School ofMedioine of T!h$%niverslty ofTexas at Galveston. ,:,

“In connection with the contemplated opening and operation of such hoapFta1 several questions have arisen in connectionwith the admissioni care, treatment and disoharging ofpatients as follows:Honorable Theophilus S.,Palnter - Page 2,O-6568



### N(l) Do the courts of this State have authority to commitmental 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 themanagement of this institution have any diacretion as towhat patients may be admitted for treatment therein?

"(3) Does the State Psychopathic Hospital atGalveatonhave any legal right to restrain mental patients against their will in cases of emergency, and If ao, inwhat cases may thisbe,.doneand forhow longmay suoh patients be soheld?"

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 andbusiness of such institutions isvested in the State Board of Control."

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

"There shall be established andmaintained a Psychopathic Hospital at Galveston to beknown 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 beahospital for the treatment ofnervous andmental diseases both in the hospital and outpatient clinic, and shall be available
as apart of the teaohing facilities inmental medicine for the State Medical College. The Dallas State Psychopathic Hospital shall beahospital for the treatment of
nervous andmental diseases both in the hospital and in outpatient clinic."

House Bill No. 740, enacted by the 49th Legislature at its Regular Session ln~l945 (onpage 384, 1945, Vernon's Texas Session Law Service), provides as followas

"AnAct to transfer the control andmanagement of the Galveston State Psychopathic Hospital from the State Board ofControl to the Board of Regents of theUniversity of Texas; providing said Hospital shallno longer be a part of the eleemoaynary aervioe ofTexas; repealing all- ; ,-. .-.

Honorable Theophilus S. Painter - Page 3, O-6568

laws or parts of laws in conflict; and declaraing an emergency.

"BE IT ENACTED BY THELEGISLATURE OFTHE STATE OFTEXAS:

"Section 1. That from and after the effective date of thisAct, 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 ofControl, shall be transferred to,vested in, and exercised by the Board of Regents ofThe University of Texas, and, hereafter, theaforesaid Hospital shallno longer be apart of the eleemosynary service of the State of Texas.

"Sec. 2. The Galveston State Psychopathic Hospital shall continue tobe used as aHospital for the treatment of
nervous andmental diseases, both in theHospital and outpatient clinic, and shall be available as apart of the teaching facilities inmental 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
arehereby repealed to the extent of the conflict only,

"Sec. 4. The fact that there isnow 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 tothe State of Texas, which isnot now being operated by the Board of Control for the benefit of the people ofTexas, and the faot that the operation of said Hospital would also be of great benefit to the students of the School ofMedioine of The University of Texas, as itwas 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, ofThe University of Texas in connection with the School of Medicine ofThe 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 toplace the Board ofRegents of the Univiersity of Texas inplace and stead of the Board of Control in allmatters 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 wasHonorable Theophilus S. Painter - Page 4, O-6568

changed, with the exception of thematter contained in the clause in Section 1 of said House BillNo. 740,wherein it is said that "the foregoing Haspita shallno longer be a part of the eleemosynary service of the State of Texas." To determine themeaning of this clause wemust 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 ofTexas is that part of the State system that is primarily given ordevoted to charity. We find in the appropriation bill (House Bill No, 666) forMleemosynary andReformatory 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 andbuildings, to theGalveston State Psychopathic.Hospital. However, pursuant to theprovisions of said House BillNo. 740, supra, we find in the appropriation bilr (HouseBill No. 173) enacted by the 49th Legislature in 1945, for the biennium beginning Sept. 1, 1945, and ending August 13, 1947, for theUniversity 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 isalso hereby appropriated to saidMedical Branch to beused in connection with Medical BranohHospitals 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 :fundat the olo8e of the firs% fiscal year isherebyreappropriated tosaid fund for the second fiscal year. Providedg t;hattheBoard ofRegents ofThe University of Texas ishereby authorized to fixreasonable rates tobe charged and collected from pay patients of saidhospital, ,and is further authorized tomake and enter into contracts for thehospitalization of the indigent sick; and to accept donations and gifts for the support andmaintenance of said hospitals."

From the foregoing, we are lead to the conclusion thatnot only did the Legislature intend that themanagement,and control of said institution be changed, but italso 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 itby the courts, whether indigent
orable to pays-and its use for school purposes only inoidental thereto; to ahospital tobe used primarily as a sohool, with authorityTo choose the patients admitted thereto, whether paying or indigent, tobe supported jointly by the State, the paying patients, and donations and gifts. We believe the effect/4

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Honorable TheophSlus S. Painter -Page 5 ,O-6568

of saidHouse BillNo, 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 ofRegents of theUniversity ofTexas is authorized to accept pay patients for treatment insaid hospital and to make and enter Into contracts for thehospitalization of the indigent sick, From this we believe the Legislature contemplated that the said Board of Regents were empowered with discretion as to thenumber and types of patients tobe admitted thereto. This power we deemnecessary to theeffectiveness of said institution in its exercise ofMedical School functions, but samewarauld

benullified if the courts retained authority to comrflit

any and all insane persons to such institution.
Therefore, we answer your question No. (1) in thenegative, whic?hrenders an ansvar to your question No. (2)unnecessary.

In answer to your question No. (3), webelieve that in cases of emergency, such as when apatient becomes violent or dangerous
or inany case whe.reit is deemed to the best interest of the insane person or society at large that he berestrained, 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 hasno inalienable right to roam the country at will and terrorize thepopulace. He must be confined until the legal machinery designed to see that he received justice and the benefits ofdue process of law is set inmotion. See Opinion No. O-685, a copy ofwhich isherewith 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 OFTEXAS
RLLsgb:mb/cg

APPROVED OCT. 29, 1946 Carlos- C.Ashley FIRSTASSISTANT ATTORNEY GENERAL By s/ Robert L. Lattimore Jr

Robert L. Lattimore, Jr.

Assistant

This opinion considered and approved in limited conference.