The Honorable Betty Cleland 

Executive Secretary 

Opinion No. H- 735 

~Texas State Board of Examiners 

of Psychologists 

108 W. 15th Street 

Austin, Texas 78701 

Re: Definition of governmental 

agency for purpose of the 

Psychologists’ Certification and 

Licensing Act, article 4512c, 

V. T. C. S. 

Dear Mrs. Cleland: 

You have requested our opinion concerning the scope and effect of 

section 22 of the Psychologists ’ Certification and Licensing Act, article 4512c, 

V. T. C. S. Section 22 establishes various exemptions from the application oi 

article 4512c, providing in part: 

Nothing in this Act shall be construed to apply to: 

(a) the activities, services and use of official title 

on the part of a person employed as a psychologist 

by any: (1) governmental agency, . . . (3) . . . or 

any hospital licensed by the Texas State Department 

of Health, including medical clinics associated with 

such hospitals and are organized as an unincorporated 

association. . . . 

Your questions are: 

Are MH/MR centers which contract with the Department 

of Mental Health and Mental Retardation, some of which 

are private corporations, some of which are multiplyfunded, governmental agencies? Are community agencies 

such as child welfare clinics, which are multiply-funded, 

“governmental agencies”? 

If a patient in an MH/MR center which is not administratively 

part of the Department of MHIMR is damanged by some 

action of an unlicensed person offering psychological services. 

to whom does that patient turn for redress in the case of a 

county MH/MR Center? In the case of a private corporatm,, 

center? In the case of a multiply-funded center, subsisting 

on grants? 

p. 3128 
The Honorable Betty Cleland - page two (H-735) 

Article 5547-202, V. T. C. S., provides for contracts between the Department of Mental Health and Mental Retardation and various public and 

private entities. Article 5547-203, V. T. C. S., authorizes the creation of 

community centers for mental health and mental retardation services. 

These centers may be formed only by local governmental units and are subject to control by those units. The character of these centers as governmental 

agencies or political subdivisions has varied depending on the context. In 

Attorney General Opinion H-29~1( 1974)v.e noted that: 

Community centers have been held to be political 

subdivisions under statutes concerning social 

security coverage, Attorney General Opinion M-149 

(1967) and .unemployment compensation coverage, 

Attorney General Opinion M-1033(1971). But they 

were determined to be neither “departments of the 

state government ” for the purposes of Board of Control purchasing requirements, Attorney General 

Opinion M-316( 1968), nor “units of government” for 

the purposes of the Texas Tort Claims Act, Attorney 

General Opinion M-538( 1969). The latter opinion 

held that community centers were merely component 

parta of units of government. Attorney General 

Opinion M-1266(1972) held that community centers 

are agencies of the state, although not state agencies. 

In Attorney General Opinion H-291, community centers were held to be political 

subdivisions for purposes of workmen’s compensation. And in Attorney General 

Opinion H-104( 1973) these centers were held to be exempt from the child care 

licensing provisions of article 695c, section 8(a), V. T. C. S. In light of the foregoing, in our opinion a community center created under the provisions of article 

5547-203, V. T. C. S., is a “governmental agency” within the meaning of sect ion 

22 of article 4512c, V. T. C. S. See also Board Adjustment of City of Fort 

Worth v. Stovall, 216 S. W. 2d 1’71(TSup. 1949). However, a private corporation does not become a governmental agency by contracting to render services 

to the government. Davis v. Smith, 28 S. E. 2d 148 (Ga. 1943). Accordingly, in 

our opinion a private corporation contracting with the Department of Mental 

Health and Mental Retardation as a general matter is not a governmental agency 

under article 4512~. section 22. 

Your second group of questions concern a patient’s remedy when damaged 

by an unlicensed person offering psychological services. Under our resolution 

of your first question, a person working as a psychologist for a community center need not be licensed in that capacity. Thus there would be no special liability 

p. 3129 
The Honorable Betty Cleland - page three (H-735) 

for failure to obtain a license. However, under the Texas Torts Claims Act, 

article 6252-19, V. T. C. S., torts committed by an employee of such a center 

may be the responsibility of the creating governmental units. Attorney General 

Opinion M-538( 1969). Of course, if a patient is injured, any recovery to which 

he is entitled would depend on the facts of the particular situation. The identity 

of any defendent, the relief sought, and the theory of recovery advanced would 

depend on the facts of the case and undoubtedly would be determined by the patirnt 

and his private attorney. 

SUMMARY 

A community center created under article 

5547-203 is a governmental agency within the 

meaning of section 22 of article 4512~. A 

private corporation does not become a governmental agency by virtue of a contract to provide 

services to the Department of Mental Health and 

Mental Retardation. 

Torts committed by an employee of a community 

center created under article 5547-203 are the responsibility of the governmental units creating the 

center. The liability of a private corporation and 

the recourse of a person damaged thereby depend 

upon the facts of the particular situation. 

Very truly yours, 

Attorney General of Texas 

Opinion Committee 

jad: 

p. 3130