Hon. Larry 0. Cox 

Executive Director 

Board for Texas State 

and Special Schools 

Austin, Texas 

Dear Sir: 

August 25, 1952 

Hospitals 

Opinion NO. 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 opinion reads 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 sanatorium now 

located near Mission, Texas. 

"The site of the present sanatorium was 

once Moore'~Army Air Field, and the State 

Board of Control and the State of Texas acquired the property from the Federal Government after It was .declared surplus to the 

U. S. Government's needs. The deed from the 

Federal Government to the State'of Texas 

provided for recapture by the government' 

during any national emergency. 

,"We have been notified that Congress 

has enacted leglslatlon and appropriated 

funds to "recapture" this institution, 

"At the p&sent time we have approximately 

nine hundred tuberculosis patients being tregted at this lnstallatlon. We have no other 

installations with sufficient bed space to 

care for any of the,se patients. In order to 

prevent these patients from being released, 

many of whose cases are Infectious and contagious, It 1s absolutely necessary that plans 
Hon. Larry 0. Cox, page 2 (V-1508) 

- 

be made and construction of a new lnstallation be begun at once. Of course, since 

the incidence of tuberculosis is many times 

as high in the southern region 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 establishment of 

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. Whether we can legally relocate 

the Weaver H. Baker Memorial Sanatorium by 

acquiring a new site by donation or purchase. 

"2. If your answer to question number 

one Is In the negative, could we legally relocate the Installation on the grounds of 

some,lnstltutlon already established which 

might not be a tuberculosis sanatorium? 

For example the San Antonlon State Hospital 

for mentally ill. 

“3. If your 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: 

"The Board for Texas State Hospitals 

and Special Schools is hereby authorized 

to negotiate for and to acquire from the 

United States Government, or any agency 

thereof, or from any source whatsoever, by 

gift, purchase, or leasehold, for and on 

behalf of the State of Texas, for use In 

the State service, and in the establishment 
Hon. Larry 0. Cox, page 3 (V-1508) 

of State tuberculosis sanatoriums, any 

lands, buildings, and facilities 'within the 

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 'of Control bow Hospltal Board7 is hereby authorized to negotiate 

for and To acquire from the United States 

Government, or any agency thereof, or from 

any source whatsoever, 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 establishment of state 

tuberculosis sanatoriums, any lands, build; 

ings, and facilities within the State of 

Texas, and any personal properties wherever 

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 provision at page 

"There Is hereby appropriated for the 

fiscal year ending August 31, 1948, the sum 

of Five Hundred Fifty Thousand ($550,000.00) 

Dollars for the conversion and securing of 

title to Moore Field near Mission Texas, In 

accordance with Senate Bill No. 147, Acts of 

Regular Session, 50th Legislature,,1947 and 

establishing the Weaver H. Baker Memorial 

Tuberculosis Sanatorlum. In the,event Moore 

Field cannot be secured the Board of Control 

shall have authority to 'establish said Sanatorium at such other place as the Board of 

Control may direct. For the fiscal year 

ending August 31, 1949, the unexpended balance of Five Hundred,Fifty Thousand ($550,- 

000.00) Dollars Is reappropriated for conversion. For the fiscal year ending August 

31, 1948, there Is approprlated~the sum. of 

Three Hundred Ten Thousand ($310,000.00) 

Dollars to the Weaver H. Baker Memorial 
Hon. Larry 0. Cox, page 4 (v-1508) 

Tuberculosis Sanatorium for salaries, operation, support, maintenance, general lmprovements, repairs and contingent expenses.' For 

the fiscal year ending August 31, 1949 'there 

Is appropriated Six Hundred Thousand ($#600,- 

000.00) Dollars for salaries, operation, support, maintenance, general Improvements repairs and contingent expenses. Upon the 

establishment of such hospital, patients 

shall be admitted thereto in accordance with 

the laws, rules and regulations applicable 

to the admission of patients to the State 

Tuberculosis Sanatorium at Carlsbad, Texas.” 

The Weaver H. Baker Memorial Tuberculosis Sanatorium was located near Mission, Texas, with funds appropriated by the above-quoted provisions. In the purchase of Moore Field the deed of conveyance was, made 

subject to the right of the Federal Government to "recapture" Moore Field during any national emergency. As 

ttated by you the Federal Government now 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 legislation had been enacted authorlslng 

such a change in location. Further, It was held In 

Attorney General's Opinion No. V-1190 (1951) that the 

Board for Texas State Hospitals and Special Schools was 

without authority to establish a new Institution, stating: 

Specific acts of the Legislature 

have authorized the creation and establlshment ,of Institutions within the jurisdiction 

of the Board for Texas State Hospitals and 

Special Schools. An examination of the acts 

in question reveals that specific authorization has been deemed necessary in the past. 

(See Chapters 1, 2 and 3, Title 51, V.C.S.) 

In the absence of such ~authorlty, it is our 

opinion that a new Institution may not be 

es~tab~lished. " 

Since the Weaver H. Baker Memorial Tuberculosis 

Sanatorium has previously been located at the former site 

of Moore Field at Mission, Texas, it Is our opinion that 
Hon. 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 Institution until authorized by 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 Appropriation Act) expressly prohibits the 

expenditure of any of the money appropriated under that 

act for the relocation of Institutions for which authorlsatlon has not been granted. 

It Is noted that Articles 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 appropriation which 

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 Grande Valley area have offered or 

are in the process of offering certain donations of land 

to the Board for the use and benefit of the ~Weaver H. 

Baker Memorial Sanatorium. However, utilization of the 

land as a hospital site will have to await authorization 

by the Legislature. 

SUMMARY 

The Board for Texas State Hospitals and 

Special Schools Is without authority to relocate then Weaver H. Baker Memorial Sanatorium until authorized by the Legislature. 

However, the Board may acquire land by gift 

for the use and benefit of the Weaver 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 

JR:am