. ..rT”sRNliW nTNIY,.c j 

December 8, 1949 ! 

Hon. noyne L. Kelly opinion RO. v-956. 

Rxecntlve Direotor 

Board for Texas State Re: The agency veated with 

Hoapitala~ and Special Schools authority to appoint 

Austlp, ,Texaa: the Superlptendent of 

the, Confde‘$ate Worn&n's 

DearSlr:z : Home. 

: We hu0te from your InqUlry ai3 folJ&s: 

"Rticently we have had On8 of our Sypei-lnt8nd8nts.Q~f 9 State Instltutlon-to paaa @way; 

namQ+,'Kti.:Sus$e ha18 Butler of the COn$8d-. 

~eratb Woman's Horn& here in Austin. 

"There haa‘been some dlacusalon backwarda 

and foruard~between the Oo.vernor'a Office, Mr. 

Claud Qllmbr, ChalFman of this Board,.myaelf 

and i$plicaats':for this position +a.to who waa 

to make the appolntment'to this vacanoy. The 

~C+ove~or~;a.Offloe Haag aCO8pt8d the status of 

Xoltse Blll,1,.5lst Leglalature, ~vhioh,aeems 

to glVe the power of appol@imen$ of,thla poai- 

~tlon'to this Board. 

9ar. Claud Gilm8r and I are not S.&e of 

this atatua ao we would like an opinion ~from 

your *partmentat, an early aat? concerning 

the.~law. governing the. appointment of the Superintedcletit of~the Te%aa Confederate Women's 

Home. at Juatln, Texas. 

Seotlon l'of Art&l;, 3&74b, Vernon's Civil 

Statutes (H.B.l,,slat Leg.) prOvid8a for the creation ,of 

the Bdard for Texas Stat8 Hoapltala and Special Schools. 

Sbotlon 3 reads In part: 

"The term 'Texas State Hospltala and 

Special Schools' . . i shall mean The Austin 

State Hospital, Austin Stat8 School, Austin 

State Sohdol Fati Colony, The confederate 

Hoioe f0$ women, Th8 T8Xaa cOnfed8rat8 Hom8 

'par Men, The Texas Blind, Deaf and Orphan 
. 

Hon. Moyue L. Kelly, page 2 (V-956) 

School, The Texas Sohool for th8 Blind, the 

T8XaS School for the Deaf, and the State 

Dairy and Hog Fang, all located In or ad 

i 

acent to the City of Austin, Texas . . . Emphasls added) 

Section 2 of Article 3175b provIdea in part: 

I . . Effective September 1, 1949, the aontiol and management of, and all rlghts, privileges, pow8rs, ana duties incident thereto 

. . . which are now Vested In and 8X8YFCiS8d 

by the State Board of Control shall be tpsnsferred to, vested in, and exeraiaed by the 

& rd for Texas State Hospitals and Speola'l 

s;~ools. Provid a h tht'h B rd 

-control ahallec&t~~e~~ hard &rizas8S 

for such Institutions . . .n (Bmphasis added) 

At the time House Bill.1 was enacted, the Confederate Home for Women was ag eleemosynary lnatltutlon 

subject to the powers of the Stat8 Board of Control under Article 3219 V.C.S. This statute prOVid8S In part: 

" . . . The Board shall eppolnt a superintendent for the Confederate Woman's Home, 

with the approval of the GOV8rnOr.' 

By virtue of the unaeraoorfja provisions of Section 2 of Article 3174b, oonalaered In connection with 

~rtlole 3219, the authority to appoint the superintendent 

of the Confederate Home for Women la vested In the Board 

for Texas State Hospitals and Special Schools, subject 

to the approval of the Governor. 

In its opln$on ao- v-929, this OffIC8 held that 

the State Board of Control Is the appointing authority as 

to the superintendents of th8 Texas Sohobl for th8 Blind 

and the Texas School for the Deaf. But that holding was 

requitid by the provisions of House Bill 370, 51st Legislature, which was enacted later than House Blll.1. 

House Bill 370 has no relevancy with respect to the appolntment of the superintendent for the Confederate Home 

for Women. 

SUMMARY 

The Board for Texas State Hospitals and 

Special Sahools.1~ Vested with the authority 
. . 

Hon. Moyne L. Kelly, page 3, (V-956) 

to eppolnt the auperlntendent of the confederate Home for Women, subjeat to ;$h8 approval of the Governor. Art.3174b, 3ec.2 and 

Art.3219, V.C.S. 

Poura very truly, 

AlTORlWZYGENRRALOFTEXAS 

CEO :mw 

Chester E. 0111s0u 

Assistant 

APPROVED 

ATTORNEY GZRRRAL