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November 12, 199

HonorableRaymond W. Vowel1 Opinion No, ww-318 Acting Executive Director Texas State Hospltals and Re: Interpretationof the InSpecial Schools ter-agency CooperationAct 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 TuberculosisHospital authorizedunder Article 4413 (x2),V.C.S. to enter Into a contractwith the Kerrville State Home for the leasing of two houses for the ClinicalDirector and BusinessManager employedby the Legion Tuberculosis Hospital? Your opinion request deals with the problem of the authority of one StateAgency to enter into a contractwith 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 contractwith 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 contractwas entered into between the Kerrville StateHome and the Legion Branch of the San Antonio State TuberculosisHospital and subsequentlyapprovedby the Board of Controlwhereby the Kerrville StateHome 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 Comptrollerof Public Accounts refused to honor the vouchers for payment of the house rent on grounds that this typeHonorable RaymondW. Vowell, page 2. (W-318 1

of expensewas not coveredby the Inter-agencyBill.

The AppropriationBill for the Legion Branch Tuberculosis Hospital for 1955 did not provide that the ClinicalDirectOP and Business Manager be furnisheda house and utilities so, therefore, the Comptrollerwas correct in disallowingvoucher for the payment of rent of the two houses.

The 55th Legislature,Regular Session, 1957, appropriated to the Legion Dranch TuberculosisHospital funds for the employment of a ClinicalDirector and a Business Pianager and that appropriation furtherprovided that the ClinicalDirector and Business Managerbe furnishedwith a house and utilities. In view of the AppropriationBill passed by the 55th Legislature, it is clear that the Legislature intended that the Clinical Director and Business Manager be furnisheda house and utilities.

The purpose of the Inter-agencyCooperationAct, as set out above,was to allow the different State agencies to enter into contractswith each other so that the several agencies could contractwith 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 CooperationAct is broad enough to include the leasing of houses by one State agency to another State agency. The Legislature, in its AppropriationBill,provided that certain class of personnelbe given houses with utilities and since there were no houses on the Legion's ground, then the Legion Branch Tuberculosis Hospital can contractwith 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 TuberculosisHospital for the leasing of two houses is such a contract that can be entered into by two State agencies as authorizedby Article 4413 (32),Vernon's Civil Statutes.

SUMMARY

A State Agency,under the stated facts, can contractwith another for the leasing of houses for its personnel whereHonorableRaymond W. Vowell, page 3. (WW-318) e

the Legislatureprovides that certain personnel be furnisheda 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