WILL WILSON

ATTORNEY **ONNEHAL** Auwrxiw ~.TExA~ October 4, 1957

Mr. Raymond W. Vowell, Acting Executive Director, Board for Texas State Hospitals and Special Schools, Capitol Station, Austin, Texas Opinion No.

### ww-271
Re: Canmonies be expended from the $2,269,490.00 appropriated by House Bill 

### 133,for thepurchase of land upon which to build a school for the Dear Mr.Vowell: mentally retarded?

You have requested an opinion of this Department on the following question:

"Canmonies be expended from the $2,269,490.00 appropriated by Rouse Bill 

### 133,for thepurchase of land upon which tobuild a school for thementally retarded?"
House Bill 

### 653, 55th Legislature, Regular Session, 1957, provides for the establishment of a school for mentally retarded and states in part as follows:

"Section 1.
. . . "TheBoard for Texas State Hospitals and Special Schools shall select a site for said school, and theBoard, in selecting such site. shallmake such selection with a view to its accessibility and convenience to the greatest number of inhabitants, and the same shall contain suff-icientland and have utilities readily available. Said Board shall take ti,tleto the land so selected by them in the name of the State of Texas for theuse and benefit of said school; provided, however, that theAttorney General's Department shall first approve the title to the land so selected by theBoard.Mr. Raymond W.Vowell, Page 2 (WW-271).

“Sec.2.
. . . saidBoard shall have the power and authority todo and perform all things necessary for carrying out the purposes of this Act." During the same Session, by House Bill 133, 55th Legislature, Regular Session, "for constructing, equipping, 1957, an appropriation was made fees" for this project. furnishing,,and paying architect In the same appropriation bill, Section gd, page 928~,a special provision provides as follo,ws:

"d. Nomoney appropriated by this Article may be spent forplanning or constructing new or additional institutions, or for thepurchase of sites ther?f'or,without specific authorization of the Legislature. All institutions shall be kept where they are located by the Legislature, and all new buildings tobe constructed shallbe on these sites unless otherwise specifically authorized by the Legislature." Section 1 of House Bill 653, supra, patently and expressly gives theBoard for Texas State Hospitals and Special Schools thepower to "select a site for saidbuilding". It further expressly gives +'leBoard the authority to "take title to the land so selected". These provisions must ofnecessity envision the purchase Lf land onwhich thebuilding is tobe constructed. It follows that thepower to select a site for a school and to take title to the land so selected also includes thepower to expend purchase price money toacquire title to the site so selected. Any contrary holding would, we believe, defeat the expressed intent of theLegislature.

If, however, any doubt still remains that the authority topurchase the land in question is not expressly granted by the language of House Bill 653, we refer to the case of Moon v.Allred, 277 S.W. 787 (Tex. Civ. App., 1925). Itwas therein held that thepower given toa Commissioners Court under Article 610,Vernon's Civil Statutes, 1925, to issue bonds for erection of a courthouse and jail, necessarily implied thepower to issue bonds topurchase the site and equipment therefor. By the same reasoning, we are of ,theopinion that the authority to "select a site" and "take title to the land so selected" for a school for thementally retarded necessarily implies the authority to expend money topurchase land upon which tobuild the school.Mr. Raymond W.Vowell, Page 3 (WW-271).

We are, therefore, of the opinion thatmonies can be expended from the $2,269,490.00 appropriated by House Bill 133 for thepurchase of land upon which tobuild a school for thementally retarded.

SUMMARY

Monies can be expended for the school from the $2,269,490.00 appropriated by House Bill 133, for thepurchase of land upon which tobuild a school for thementally retarded.
Yours very truly,
WILL WILSON Attorney General of Texas

B. H. Timmins, Jr. Assistant BHT:pf APPROVED: OPINION COMMITTEE Geo. P.Blackburn, Chairman
J. C. Davis, Jr. W.V. Geppert Wayland C. Rivers, Jr.
REVIEWED FOR THE ATTORNEY GENERAL By: James N. Ludlum.