Honorable Raymond W. Vowel1

Acting Exeolltive

Mreator Board for Texas State Hospltals and Special Schools Austin, Texas OplnlonNo. WW-433

Dear'Mr.Voweli: Re: Does the Legislature have the power to appropriate money for the purposes and privileges set forth In Subsectionc, Article II, House Bill 133, Acts of the 55th Legislature

and related questions.

You have submit&d three questlons'for our opinion. We uote from your letters of February 27, 1958, and March 11, 1 195 :
"Sub-Section c, Article II, House Bill 133 (appropriations);

Acts of the.55th Legislature, provides as fol$ows:

“ ‘ C. At the dlscretidnof the respective govknlng boards; etiployees may be allowed a reasonabletime without loss of salary to attend recognized schools, clinics, or conferences, for training purposes.. Any regular registrationfee may be pald.out of appropriatedfunds. No funds herein appropriatedmay be expended for transportation,meals or lodging for personnelattending schools, clinics, or conferences when leave from regular duty exceeds 15 calendardays. Funds ,approprlated In this Articlemay be used for other training of personnelwhen such train- .lng is deemed necessaryby the rea 7ective governingboards.! (Emphasisadded

!'Fursuant

,to authorfty oontalned in this provision, Preston R. Harrison,M.D., who was then :Honorable$aymond W. Vowell, Page 2 (WW-433)..

ClinicalDirector at the Big Spring State Hospital, made applicationto the MennlngerFoundation, Topeka, Kansas, to attend their School of Mental Hospital Admlnlstratlon~ After being Interviewed by the offlolals In charge of that course at the Menninger Foundation, Dr. Harrisonwas accepted as a person qualified to attend the,sahool. Dr. Harrisonhad been a member of the medLca1 ,staff at Big Spring State Hospital since July.1, 1953 and served that InstitutionIn the.capaclty of Acting ClinicalDirector from July 1, 1953 to Aprll.l,.lg~, from April 1, 1956 to~May. 1, 1957 as Clinical Mrector, and.fromMay 1, 1957 to September 1, 1957 as Aotlng Superintendent, at whlah time he reported to the MennlngerFoundationto attend the school. During his attendanoeat this school,he has.been aarrled on the payroll as ClinicalMrectoy at Big Spring State Hospital and his family 'has oacupled the residencefurnishedhim by that hospital as emolumentsof his office. The school Is to last for nine continuous months. The State HospitalBoard's purpose In al.lowlng.Dr. Harrison to attend this school was to prepare him for the position of Superintendent of the Big Spring State Hospital,he being imminentlyqualified for that position In all respeats except administratively."

"At Its meeting on'Mond&y; March 'IO,

1958, the Board for Texas State Hdspltalsand Special Schools granted Dr. Harrison a leave of absence without pay from February 1, 1958 through May 31, 1958.

II

. . . "1. Does the Legislature have the power to appropriate

money for the purposes and privileges set forth In Sub-section.c, Article II, House Bill 133, Aats of the 55th Legislature?

"2. If your answer to quest1on.i.above ls'ln the affirmative,

then Is payment of this salary for the period of time from September 1, 1957 through January '31,1958
a reasonabletime as contemplated by Sub-sectionc, Article II, House Bill 133, Acts, 55th Legislature?HonorableRaymond W. Vowell, Page 3 (W-433).

"3.~If your answer to question 2 above Is In the affirmative,Is there any legal ~lmpedlment

to Dr. Harrison receiving the emolumentsthat go with the salary of his office during the aforementioned period of time?"

The answer to your first question Is governed by the applicationof Section 51 of Article III of the Texas Constitution,

which Is as follows:

"The Legislatureshall have no power to make any grant of public moneys to any Individual, associationof individuals, mun$lpal or other corporations

whatsoever;

. . .
It Is apparent that the above Articleprohibits the Legislature

~from granting or appropriating public money to any individual,associationof individuals, municipal or other corporations. However, the.Texasaourts have Interpreted SeOtion 51, .Artlcle III, as not preventingthe Legislature from appropriatingState funds to an Individual, association of individuals,

municipal or other corporationsIf the use and

. purpose of the appropriationIs for the furtheranceof the governmentalduties of the State. If the appropriationIs for 8~ use not related to State governmental duties and functions, such appropriationIs a gratuity and Invalid. Bexar County'v. Linden, 110 Tex. 339, 220.S.W. 760 (1920);Road~Mstrlot.No. wlby Co. v. Allred, 68 S.W.2d 164 (Comm.App., 1934) opinion adopted by the Supreme Court; City of Aransaa PaLa v.

~~~~d~~~8;-~~~~;Lp~2 ~1;;,33~p~;~~;‘;,$;;~ ;;. ~;~?=’ preme Court;~

Texas Pharmaieuticai Association

v. S.W.2d 328 (Tex.Civ.App.; 19 Dooley, 90 6); ,Jefferson

Co. v. Board of Co. & Dlst. Road Indebtedness, 1 2 S.k.2d 906 (1944)

. Accordingly,to the extent that the authorization for the expenditureof appropr~lated funds for personnel to attend schools, clinics and conferences,eta., for training purposes Is directly and substantially related.

to the performance of the State's governmentalfunctions,we hold Subsection

c Article II, House.Blll 133, Acts 55th Legislature,Chapter 365, page 870, to be authorizedby.the Texas Constitution. A llmltatlonon the Act Imposed by the provisions of Section 51, Article III, of the Texas Constitution, 1s that no governing board may allow State employeesand officials to attend schoola, clinlas or conftirences, etc., whloh bear no substantialHonorable Raymond W. Votiell, page .4 (WWL433)..

and dire& relation to the governmental duties of the State. : ,, ..~ In order 'for

us to further 'hewer your opinion request questions 2 Andy 3;it: la necessary to apply the above constitutional

limitationto the fact situationthat you have presentedand determine If the training in question Is for the furtheranaeof the governmental duties of the Board for Texas State Hospitalsand SpecIaLSchools.

..

In reviewingpast Attorney General'sOpinions on the same question of training of governmental personnel, It Is noted.

that .the.followlng rules have been consistently applied to determinewhether the trainingwas such that the State could pay for It. The question-asked.18 whether.the trainingdescribedwill be direotly and substantially used to facilitate the governmental duties and funotlons of the State agenay requesting auah training. .Also;. do.~the:faata

establlsh~that there.18 a reasonable,substantial and direot rela-. tlonahlpbetween the:purpose,of the tralnltig

and the ~aocomplllshment of the governmental functions entrustedto the.employee? (Attorney.4eneral's Opinion No.'

~~-83, April 1, 1957, Insurance Commiaalon~

employee training at I.B.M. sahool, 2-week course;' AttorneyGeneral's Opinion- No; WW-223, September 12,' 1957, Departmentof.

Pub110 Safety 'employee pilot training in flight prof%cien.cy

trainin PrOgrPmj Attorney' General'sOpinion 'No. S-209, July 20, 195 8
, Secretaryof State employee training at I.B.M. school.,

b-day course; Attorney General'sOpinion No. ~-2128; Departmentof Publla Safety employee training in Police Administration

at Northwestern

Unlversfty,4&month.~course).

In applying the above,rules' to the faat situation that you have presented,It Is our oplnlon.thatthe training provided Dr. Harrisonwill be directly and substantially used to facilitate the administrat,lon of the governmental duties of the Board for Texaa~ State Hospitalsana Special Schools. As you have stated In your letter, the purpose of sendingDr. Harrison to the MennlngerFoundation was. to ,recelve

a course in Mental Hospital Administration and that the purpose of such trainingwas to better enable Dr. Harrison to carry out the duties of administrator of the Big Spring State Hospital. The efficientadministration of the Big Spring State Hospital In receiving,treatlng~ and caring forthe mentally Ill people of Texas Is a governmental duty.~and

function of the Board for. Texas State Hospitalsand Special Schools. The training in question.,

Mental HospitalAdministration, bears a reasonable, substantial

and.dlrectrelationship to such governmental duties and functions. .It~ la.our' further opinion that theHonorableRaymondW. Vowell, Page 5 (WW7433). +;

period of trainingfrom September lj 1957, through January 31, 1958, Is a reasonabletime within .the meaning of Subsectionc, Article II, House Bill 133, .Aats of, the 55th Legislature. Therefore,In anawer..to your questions 2 and 3, it is our oplnIon that Dr. Harrlson~lsauthorizedby Subseotlonc, Article II, House Bill 133, Acts of the 55th Legislature, to receive payment of his salary and all emolumentsthat go with the salary during the period of time from September1, 1957, through January 31, 1958; and such payment la not In violation of Section 51, Article III, Texas Constitution.

SUMMARY

Subsectiona, Article ?I, House Bill 133, Acts 55th Legislature, Regular Session, 1957, to the extent this Seation purports to authorize training and schooling of State offlolala and employees of a nature directly related to the performanceof the State's governmental

duties, Ia a valid grant, and Is constitutional under the provisions of Section 51 of Article III of the Texas Constitution;

but to the extent It purports to authorize schooling not directly and substantially related to the performance of the State's governmental duties, Is unconstitutional under the provisions of Sedtion 51, Article III of the Texas Constltutlon. Under the facts submitted, the training of Dr. Preston E. Harrison In the course of Mental Hospital Administration at the Mennlnger Foundation,Topeka, Kansas, Is related substantially and directly to the performance of the State's governmentalduties, and pa$ment of his salary and receipt of all emoluments that go with the salary of his office for

--HonorableRaymondW. Vowell, Page 6 (WW-433).

the period of time from September 1, 1957, through January 31, 1958, are constitutional and authorizedby the provisions of Subsectionc, Article II, House Bill 133, Acts of the 55th Legislature.

Yours very truly,

WILL WILSON Attorney General of Texas

RBS:pc:jl

APPROVED:

OPINION COMMITTEE Morgan Nesbltt, Chairman

LawrenceJones

Wallace 'Finfrock

REVIEWED FORTHE ATTORNEYGENERAL BY: J. C. Davis, Jr.