Honorable Raymond W. Vowel1 

Acting Exeolltive Mreator 

Board for Texas State Hospltals and Special Schools 

Austin, Texas 

Oplnlon No. WW-433 

Dear'Mr. Voweli: 

Re: Does the Legislature have 

the power to appropriate 

money for the purposes and 

privileges set forth In 

Subsection c, 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, 

195 1 : 

"Sub-Section c, Article II, House Bill 133 

(appropriations); Acts of the.55th Legislature, 

provides as fol$ows: 

“‘C. At the dlscretidn of the respective 

govknlng boards; etiployees may be allowed a 

reasonable time without loss of salary to attend 

recognized schools, clinics, or conferences, for 

training purposes.. Any regular registration fee 

may be pald.out of appropriated funds. No funds 

herein appropriated may be expended for transportation, meals or lodging for personnel attending schools, clinics, or conferences when leave 

from regular duty exceeds 15 calendar days. 

Funds ,approprlated In this Article may be used 

for other training of personnel when such train- 

.lng is deemed necessary by the rea 

7 

ective 

governing boards.! (Emphasis added 

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

Clinical Director at the Big Spring State Hospital, 

made application to the Mennlnger Foundation, 

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. Harrison was accepted as 

a person qualified to attend the,sahool. Dr. 

Harrison had been a member of the medLca1 ,staff at 

Big Spring State Hospital since July.1, 1953 and 

served that Institution In the.capaclty of Acting 

Clinical Director from July 1, 1953 to Aprll.l,.lg~, 

from April 1, 1956 to~May. 1, 1957 as Clinical 

Mrector, and.from May 1, 1957 to September 1, 

1957 as Aotlng Superintendent, at whlah time he 

reported to the Mennlnger Foundation to attend the 

school. During his attendanoe at this school, he 

has.been aarrled on the payroll as Clinical Mrectoy at Big Spring State Hospital and his family 

'has oacupled the residence furnished him by that 

hospital as emoluments of his office. The school 

Is to last for nine continuous months. The State 

Hospital Board'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 imminently qualified for that 

position In all respeats except administratively." 

"At Its meeting on'Mond&y; March 'IO, 1958, the 

Board for Texas State Hdspltals and 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 reasonable time as contemplated by 

Sub-section c, Article II, House Bill 

133, Acts, 55th Legislature? 
Honorable Raymond 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 

emoluments that go with the salary of 

his office during the aforementioned 

period of time?" 

The answer to your first question Is governed by 

the application of Section 51 of Article III of the Texas Constitution, which Is as follows: 

"The Legislature shall have no power to make 

any grant of public moneys to any Individual, 

association of individuals, mun$lpal or other 

corporations whatsoever; . . . 

It Is apparent that the above Article prohibits the 

Legislature ~from granting or appropriating public money to any 

individual, association of individuals, municipal or other 

corporations. However, the.Texas aourts have Interpreted 

SeOtion 51, .Artlcle III, as not preventing the Legislature 

from appropriating State funds to an Individual, association 

of individuals, municipal or other corporations If the use and . 

purpose of the appropriation Is for the furtherance of the 

governmental duties of the State. If the appropriation Is for 

8~ use not related to State governmental duties and functions, 

such appropriation Is 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 expenditure of 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 governmental functions, we hold Subsection 

c Article II, House.Blll 133, Acts 55th Legislature, Chapter 

365, page 870, to be authorized by.the Texas Constitution. A 

llmltatlon on the Act Imposed by the provisions of Section 51, 

Article III, of the Texas Constitution, 1s that no governing 

board may allow State employees and officials to attend 

schoola, clinlas or conftirences, etc., whloh bear no substantial 
Honorable 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 limitation to the fact situation that you have 

presented and determine If the training in question Is for 

the furtheranae of the governmental duties of the Board for 

Texas State Hospitals and SpecIaLSchools. .. 

In reviewing past Attorney General's Opinions on 

the same question of training of governmental personnel, It 

Is noted. that .the.followlng rules have been consistently 

applied to determine whether the training was such that the 

State could pay for It. The question-asked.18 whether.the 

training described will 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-. 

tlonahlp between the:purpose,of the tralnltig and the ~aocomplllshment of the governmental functions entrusted to the.employee? 

(Attorney.4eneral's Opinion No.' ~~-83, April 1, 1957, Insurance 

Commiaalon~ employee training at I.B.M. sahool, 2-week course;' 

Attorney General's Opinion- No; WW-223, September 12,' 1957, 

Department of. Pub110 Safety 'employee pilot training in flight 

prof%cien.cy trainin PrOgrPmj Attorney' General's Opinion 'No. 

S-209, July 20, 195 8 , Secretary of State employee training at 

I.B.M. school., b-day course; Attorney General's Opinion No. 

~-2128; Department of 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.that the training 

provided Dr. Harrison will be directly and substantially used 

to facilitate the administrat,lon of the governmental duties of 

the Board for Texaa~ State Hospitals ana Special Schools. As 

you have stated In your letter, the purpose of sending Dr. 

Harrison to the Mennlnger Foundation was. to ,recelve a course 

in Mental Hospital Administration and that the purpose of such 

training was to better enable Dr. Harrison to carry out the 

duties of administrator of the Big Spring State Hospital. The 

efficient administration 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 Hospitals and Special Schools. The training in 

question., Mental Hospital Administration, bears a reasonable, 

substantial and.dlrect relationship to such governmental 

duties and functions. .It~ la.our' further opinion that the 
Honorable Raymond W. Vowell, Page 5 (WW7433). 

+; 

period of training from September lj 1957, through January 31, 

1958, Is a reasonable time within .the meaning of Subsection c, 

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~ls authorized by Subseotlon c, Article 

II, House Bill 133, Acts of the 55th Legislature, to receive 

payment of his salary and all emoluments that go with the 

salary during the period of time from September 1, 1957, 

through January 31, 1958; and such payment la not In violation 

of Section 51, Article III, Texas Constitution. 

SUMMARY 

Subsection a, 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 performance of 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 governmental duties, 

and pa$ment of his salary and 

receipt of all emoluments that go 

with the salary of his office for -- 
Honorable Raymond W. Vowell, Page 6 (WW-433). 

the period of time from September 1, 1957, through January 31, 

1958, are constitutional and 

authorized by the provisions of 

Subsection c, 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 

Lawrence Jones 

Wallace 'Finfrock 

REVIEWED FORTHE ATTORNEYGENERAL 

BY: J. C. Davis, Jr.