AusTxNII.TE=R 

November 12, 199 

Honorable Raymond W. Vowel1 Opinion No, ww-318 

Acting Executive Director 

Texas State Hospltals and Re: Interpretation of the InSpecial Schools ter-agency Cooperation Act 

au&in, Texas with respect to a contract 

between State Agencies conDear MP. Vowell: cerning leasing of houses. 

You have requested an opinion from this office concerning the following question: 

Is the Legion Branch of the San Antonio 

State Tuberculosis Hospital authorized under 

Article 4413 (x2), V.C.S. to enter Into a 

contract with the Kerrville State Home for the 

leasing of two houses for the Clinical Director and Business Manager employed by the Legion 

Tuberculosis Hospital? 

Your opinion request deals with the problem of the 

authority of one State Agency to enter into a contract with 

another State Agency as authorized by Article 4413 (32), 

Vernon's Civil Statutes. 

Section 3 of the Act provides In part as follows: 

*Any State agency may enter into and 

perform a written agreement or contract with 

other agencies OS the State for furnishing 

necessary and authorized special OP technical 

services, including the services of employees, 

the services of materials, or the services of 

equipment. . . ." 

On August 31, 1955, a contract was entered into between 

the Kerrville State Home and the Legion Branch of the San Antonio 

State Tuberculosis Hospital and subsequently approved by the 

Board of Control whereby the Kerrville State Home proposed to 

lease to the Le ion Branch of the San Antonio State Tuberculosis 

Hospital two (2 B houses for the sum of $125.00 each per month. 

The Comptroller of Public Accounts refused to honor the 

vouchers for payment of the house rent on grounds that this type 
Honorable Raymond W. Vowell, page 2. (W-318 1 

of expense was not covered by the Inter-agency Bill. 

The Appropriation Bill for the Legion Branch Tuberculosis Hospital for 1955 did not provide that the Clinical DirectOP and Business Manager be furnished a house and utilities so, 

therefore, the Comptroller was correct in disallowing voucher 

for the payment of rent of the two houses. 

The 55th Legislature, Regular Session, 1957, appropriated to the Legion Dranch Tuberculosis Hospital funds for the 

employment of a Clinical Director and a Business Pianager and that 

appropriation further provided that the Clinical Director and 

Business Manager be furnished with a house and utilities. In 

view of the Appropriation Bill passed by the 55th Legislature, 

it is clear that the Legislature intended that the Clinical 

Director and Business Manager be furnished a house and utilities. 

The purpose of the Inter-agency Cooperation Act, as set 

out above, was to allow the different State agencies to enter 

into contracts with each other so that the several agencies 

could contract with each other for special or technical services, 

including the zrvlces of employees, the services of materials, 

or the services of equipment. The language in the Inter-agency 

Cooperation Act is broad enough to include the leasing of houses 

by one State agency to another State agency. The Legislature, 

in its Appropriation Bill, provided that certain class of personnel be given houses with utilities and since there were no 

houses on the Legion's ground, then the Legion Branch Tuberculosis Hospital can contract with another State agency to provide houses for certain employees. 

Therefore, it is the opinion of this office that a 

contract entered into by the Kerrville State Home and the 

Legion Branch Tuberculosis Hospital for the leasing of two 

houses is such a contract that can be entered into by two 

State agencies as authorized by Article 4413 (32), Vernon's 

Civil Statutes. 

SUMMARY 

A State Agency, under the stated facts, 

can contract with another for the leasing of houses for its personnel where 
Honorable Raymond W. Vowell, page 3. (WW-318) e 

the Legislature provides that certain personnel be furnished a house 

and utilities, 

Very truly yours, 

WILL WILSON 

Attorney General of Texas 

LS:wain:zt 

APPROVED: 

OPINION COMMITTEE 

Gee. P. Blackburn, Chairman 

Nary K. Wall 

B. H. Timmins, Jr. 

John Webster 

Galloway Calhoun, Jr. 

L. P. Lollar 

Assistant 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: James N. Ludlum