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: Can monies be expended 

from the $2,269,490.00 

appropriated by House 

Bill 133, for the purchase 

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: 

"Can monies be expended from the 

$2,269,490.00 appropriated by Rouse 

Bill 133, for the purchase of land upon 

which to build a school for the mentally 

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. . . . 

"The Board for Texas State Hospitals 

and Special Schools shall select a site for 

said school, and the Board, in selecting such 

site. shall make such selection with a view 

to its accessibility and convenience to the 

greatest number of inhabitants, and the same 

shall contain suff-icient land and have utilities readily available. Said Board shall take 

ti,tle to the land so selected by them in the 

name of the State of Texas for the use and 

benefit of said school; provided, however, 

that the Attorney General's Department shall 

first approve the title to the land so selected 

by the Board. 
Mr. Raymond W. Vowell, Page 2 (WW-271). 

“Sec.2. . . . said Board shall have 

the power and authority to do 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. No money appropriated by this 

Article may be spent for planning or constructing new or additional institutions, 

or for the purchase 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 to be constructed shall be on these sites 

unless otherwise specifically authorized by 

the Legislature." 

Section 1 of House Bill 653, supra, patently and 

expressly gives the Board for Texas State Hospitals and Special 

Schools the power to "select a site for said building". It 

further expressly gives +'le Board the authority to "take title 

to the land so selected". These provisions must of necessity 

envision the purchase Lf land on which the building is to be 

constructed. It follows that the power to select a site for a 

school and to take title to the land so selected also includes 

the power to expend purchase price money to acquire title to 

the site so selected. Any contrary holding would, we believe, 

defeat the expressed intent of the Legislature. 

If, however, any doubt still remains that the authority to purchase 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). It was 

therein held that the power given to a Commissioners Court 

under Article 610, Vernon's Civil Statutes, 1925, to issue 

bonds for erection of a courthouse and jail, necessarily implied 

the power to issue bonds to purchase the site and equipment 

therefor. By the same reasoning, we are of ,the opinion that 

the authority to "select a site" and "take title to the land 

so selected" for a school for the mentally retarded necessarily 

implies the authority to expend money to purchase land upon 

which to build the school. 
Mr. Raymond W. Vowell, Page 3 (WW-271). 

We are, therefore, of the opinion that monies can 

be expended from the $2,269,490.00 appropriated by House Bill 

133 for the purchase of land upon which to build a school for 

the mentally retarded. 

SUMMARY 

Monies can be expended for the school 

from the $2,269,490.00 appropriated by 

House Bill 133, for the purchase of land 

upon which to build a school for the mentally 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.