Et GENERAL 

March 3, 1970 

Honorable John Kinross-Wright 

Commissioner 

Opinion No. M-589 

Texas Department of Mental Health Re: Authority of the Texas 

and Mental Retardation Department of Mental 

Box S, Capitol Station Health and Mental ReAustin, Texas 78711 tardation to use the 

appropriation for salaries 

of classified positions 

in payment of patient or 

student assistance and 

Dear Dr. Kinross-Wright: rehabilitation contracts. 

you have requested our opinion as to whether the 

Texas Department of Mental Health and Mental Retardation's 

appropriation for salaries of classified positions may be used 

in payment of patient or student assistance and rehabilitation 

contracts. 

Section 18 of Article II of House Bill 2, Acts 61st 

Leg. 2nd C,S, 1969 (General Appropriation Act for the biennium 

ending August 31, 1971), provides at page 11-45: 

"PATIENT OR STUDENT ASSISTANCE. Subject 

to the approval and rules and regulations of 

the governing boards, patients or students 

in any state hospital or special school under 

the jurisdiction of the boards, who are assisting in the operation of the institutions 

as part of their therapy, may receive qratuities out of any funds available to the respective institutions in amounts not to exceed 

five dollars ($5) per week for each such 

student or patient participating." 

Subdivision (i) of Section I of Article V of House 

Bill 2 provides: 

"Notwithstanding other provisions in this 

Article which authorize transfer of funds, no 

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. 

Dr. John Kinross-Wright, page 2 (M-589) 

funds appropriated in this Act for salaries of 

classified positions may be transferred unless 

the language of this Act specifically authorizes 

the transfer of such funds appropriated for 

salaries of classified positions." 

In view of the provisions of Subdivision (i) of 

Section 1 of Article V, above quoted, it is our opinion that 

the Texas Department of Mental Health and Mental Retardation 

does not have the authority to expend moneys for salaries 

of classified positions in payment of patient or student assistance and rehabilitation contracts. 

Attorney General's Opinion WW-520 (1958) which 

holds 

"Funds appropriated to the Board for 

Texas State Hospitals and Special Schools as 

the item 'medical treatment salaries and 

wages' may be used to pay the Central Education Agency costs of rehabilitation services 

pursuant to an interagency contract" 

is not applicable to your request, since the Appropriation Act 

in 1957 did not contain provisions similar to Subdivision (i) 

of Section 1 of Article V of the current General Appropriation 

Act. 

SUMMARY 

The Texas Department of Mental Health 

and Mental Retardation does not have authority 

to expend appropriations for salaries of 

classified positions in payment of patient 

or student assistance rehabilitation contracts 

for the reason that Subdivision (i) of Section 

1 of Article V, House Bill 2, Acts 61st Leg. 

2nd C.S. 1969, specifically prohibits the 

transfer of funds appropriated for salaries 

of classified positions. 

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Dr. John Kinross-Wright, page 3 (M-589) 

Prepared by John Reeves 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Acting Co-Chairman 

2. T. Fortescue 

Robert Darden 

Jimmy L. White 

Scott Garrison 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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