Et 

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March 3, 1970

Honorable John Kinross-Wright Commissioner OpinionNo. 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 classifiedpositions in payment of patient or student assistanceand Dear Dr. Kinross-Wright: rehabilitationcontracts.

you have requested our opinion as to whether the Texas Department of Mental Health and Mental Retardation's appropriation for salariesof classifiedpositionsmay 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 (GeneralAppropriationAct for the biennium ending August 31, 1971),provides at page 11-45:

"PATIENTOR STUDENT ASSISTANCE. Subject to the approval and rules and regulationsof the governingboards, patients or students in any state hospital or special school under the jurisdictionof 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 ArticleV of House Bill 2 provides:

"Notwithstandingother 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 thisAct for salaries of classifiedpositions may be transferredunless the language of this Act specifically authorizes the transfer of such funds appropriated for salaries of classifiedpositions."
In view of the provisions of Subdivision (i)of Section 1 of ArticleV, 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 classifiedpositions 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 'medicaltreatment 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 AppropriationAct in 1957 did not contain provisions similar to Subdivision (i) of Section 1 of Article V of the current GeneralAppropriation Act. SUMMARY

The Texas Department of Mental Health and Mental Retardationdoes not have authority to expend appropriations for salaries of classifiedpositions in payment of patient or student assistance rehabilitationcontracts for the reason that Subdivision (i)of Section 1 of Article V, House Bill 2, Acts 61st Leg. 2nd C.S. 1969, specificallyprohibits the transfer of funds appropriated for salaries of classifiedpositions.

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Preparedby John Reeves AssistantAttorney 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 ExecutiveAssistant NOLA WHITE First Assistant

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