Hon. Larry 0. Cox Executive Director Board for Texas State and Special Schools Austin, Texas

Dear Sir: August 25, 1952

Hospitals
OpinionNO. v-1508

Re: Authority of the Board for Texas State Hospitals and Special Schools to relocate Weaver H. Baker Memorial Sanatorium.

Your request for an opinionreads In part as follows:

"We desire the opinion of your office regarding the legality of the relocation of the Weaver H. Baker Memorial Sanatorium, which is a tuberculosis sanatoriumnow locatednear Mission, Texas.

"The site of the present sanatoriumwas once Moore'~Army

Air Field, and the State Board of Control and the State of Texas acquired the property fromthe Federal Government after Itwas .declaredsurplus to the U. S. Government'sneeds. The deed from the Federal Government to the State'ofTexas provided for recaptureby the government' during any national emergency.
,"Wehave been notified that Congress has enacted leglslatlonand appropriated funds to "recapture"this institution,

"At the p&sent timewe have approximately nine hundred tuberculosispatientsbeing tregted at this lnstallatlon. We have no other installationswith sufficientbed space to
care for any of the,se patients. In order to prevent these patients from being released, many of whose cases are Infectiousand contagious, It 1s absolutelynecessary that plansHon. Larry 0. Cox, page 2 (V-1508)

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be made andconstructionof a new lnstallationbe begun at once. Of course, since the incidence of tuberculosis is many times
as high in the southernregion of the State
as In any other portion of the State, it would not be practical to locate the lnstallatlon In any region north,of Travis or Bexar Counties.

"Section 8 of Article 3174b (V.C.S.)
seems to indicate that this Board may acquire property for the establishmentof tuberculosis sanatorla. However, Subsection (b) of Section 3, Article 11 of House BIll~No. 426, Reg. Sess., 52nd Leg., 1951,
seems to prohibit any relocation or use of funds in so doing."

Based upon the above facts you ask:

"1.Whetherwe can legally relocate the Weaver H. Baker Memorial Sanatoriumby acquiring a new site by donation or purchase.

"2. If your answer to question number
one Is In the negative, couldwe legally relocate the Installationon the grounds of some,lnstltutlonalready establishedwhich might not be a tuberculosis sanatorium? For example the San Antonlon State Hospital for mentally ill.

“3. Ifyour answer to either question number one or two Is ln,the affirmative, could this Board legally expend funds at this time for the planning andk construction of such new installation?

Section 8 of Article 317413, V.C.S. (H.B. 1, Acts 51st Leg., R.S., 1949, ch. 316, p. 588) provides:

"TheBoard for Texas StateHospitals and Special Schools is hereby authorized to negotiate for and to acquire from the United States Government, or any agency thereof, or from any sourcewhatsoever, by gift, purchase, or leasehold, for and on behalf of the State of Texas, for use In the State service, and in the establishmentHon. Larry 0. Cox, page 3 (V-1508)

of State tuberculosissanatoriums,any lands,buildings, and facilities'withinthe State of Texas, and any personal properties wherever located, and to take title thereto for and in the name of'the State of Texas."

Article 3251a V.C.S. (S.B. 147,Acts 50th Leg., R. St 1947,,ch. 44, p. 58) provides:

"The State Board 'ofControlbow Hospltal Board7 is hereby authorized to negotiate for andTo acquire from the United States Government,or any agency thereof, or from any sourcewhatsoever, by gift, purchase, or leasehold, for and on behalf of the State of Texas, for use In the state eleemos,ynary service, and In the establishmentof state tuberculosis sanatoriums, any lands, build; ings, and facilitieswithin the State of Texas, and any personalpropertieswherever located, and to take title thereto for and in the name of the State of Texas."

S. B. 374, Acts 50th Leg.,R. S., 1947, ch. Y& p* 556, contains' the following provisionat page

"There Is hereby appropriated for the fiscalyear ending August 31, 1948, the sum of Five Hundred Fifty Thousand ($550,000.00) Dollars for the conversionand securing of title to Moore Field near Mission Texas, In accordancewith Senate Bill No. 

### 147,Acts of Regular Session, 50th Legislature,,1947and establishing the Weaver H. Baker Memorial Tuberculosis Sanatorlum. In the,eventMoore Field cannotbe secured the Board of Control shall have authority to 'establishsaid Sanatorium at such other place as the Board of Control may direct. For the fiscalyear endingAugust 31, 1949, the unexpended balance of Five Hundred,Fifty Thousand ($550,- 000.00) Dollars Is reappropriated for conversion. For the fiscalyear endingAugust 31, 1948, there Is approprlated~thesum. of Three Hundred Ten Thousand ($310,000.00) Dollars to the Weaver H. Baker MemorialHon. Larry 0. Cox, page 4 (v-1508)

Tuberculosis Sanatorium for salaries, operation, support,maintenance,general lmprovements, repairs and contingent expenses.'For the fiscalyear ending August 31, 1949 'there Is appropriated Six Hundred Thousand ($#600,- 000.00) Dollars for salaries, operation, support, maintenance,general Improvementsrepairs and contingent expenses. Upon the establishmentof such hospital, patients shall be admitted thereto in accordancewith the laws, rules and regulations applicable to the admission of patients to the State Tuberculosis Sanatorium at Carlsbad, Texas.”

The Weaver H. Baker MemorialTuberculosis Sanatoriumwas locatednear Mission,Texas, with funds appropriatedby the above-quotedprovisions. In the purchase of Moore Field the deed of conveyancewas, made subject to the right of the Federal Government to "recapture" Moore Field during any national emergency. As ttated by you the Federal Governmentnow desires to recapture' this property.

It was held in the letter opinion of this office to the Chairman of the Senate Finance Committee dated May 16, 1947, that the South Texas Tuberculosis Sanatorium located at Laredo, Texas, could not be relocated until legislationhad been enacted authorlslng such a change in location. Further, Itwas held In Attorney General's OpinionNo. V-1190 (1951) that the Board for Texas State Hospitals and Special Schoolswas without authority to establish a new Institution,stating:
Specific acts of the Legislature have authorized the creation and establlshment ,ofInstitutionswithin the jurisdiction of the Board for Texas State Hospitals and Special Schools. An examinationof the acts in question reveals that specificauthorization has been deemed necessary in the past. (SeeChapters 1, 2 and 3, Title 51,V.C.S.) In the absence of such~authorlty,it is our opinion that a new Institutionmay not be es~tab~lished.

"
Since the Weaver H. Baker Memorial Tuberculosis Sanatoriumhas previouslybeen located at the former site of Moore Field at Mission,Texas, it Is our opinion thatHon. Larry 0. Cox, page 5 (v-1508)

the Board for Texas State Hosplta~is and Special Schools is without authority to relocate it at a new site or at another Institutionuntil authorizedby the Legislature. Subsection (b),Section 3, Article II of House Bill 426, Acts 52nd Leg., 1951, ch. 499, p. 1228, at p* 1289 (the General AppropriationAct) expresslyprohibits the expenditure of any of the money appropriatedunder that act for the relocation of Institutionsfor which authorlsatlonhas not been granted.

It Is noted thatArticles 317413 and 3251a, V.C.S., authorize the Board to acquire land and personal property by gift, purchase, or lease for use of instltutions under Its management and~~control.Since'acqulsitlon by gift does not necessitate the expenditure of money, the power of the Board to accept donations does not depend upon the existence of an appropriationwhich could be expended for the acquisition of such land. Therefore,you may accept donations of land,for the use and benefit of the Weaver H. Baker Sanatorium If you determine It is to the best interest of the public and the institution Involved. We make this statement since this office has been Informed that certain Interested citizens of the Rio GrandeValley area have offered or are in the process of offering certain donations of land to the Board for the use and benefit of the~WeaverH. Baker Memorial Sanatorium. However, utilization of the land as a hospital sitewill have to await authorization by the Legislature.

SUMMARY

The Board for Texas StateHospitals and Special Schools Iswithout authority to relocate then

Weaver H. Baker Memorial Sanatorium until authorizedby the Legislature. However, the Board may acquire land by gift for the use and benefit of theWeaver H. Baker Memorial Sanatorium. Arts. 3174b3 and 3251a,V.C.S. Yours very truly,
APPROVED: PRICE DANIEL

J. C. Davis, Jr. Attorney General
County Affairs Division
Mary K. Wall Reviewing Assistant
Charles D. Mathews First Assistant Assistant

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