December 9, 1952 

Hon. Larrr 0. Cox O~lnlon No. V-3.547 

Executive-Director. 

Board for Texas State Iios- Re: 

pitala'.& Special Schools 

Austin, Texas 

Necessity for business 

managers of the various 

lnatltutlons under the 

Board for Texas State 

Hospitals and Special 

SchooIs to approve 

vouchers for expenditures 

from the States Hospitals 

and Special Schools BuildDear Sir: -ing Fund. 

question:' 

,You have requested an opinion of the following 

"Please advls,e this office whether the 

business managers for the~varlous lnstltutlons or the Executive Director should 

initiate and approve vouchers, for payment 

out of the State Hospitals and Special 

Schools Building Fund." ~, 

House Bill 2, Acts 51st Leg., 1st C-S., 1950, 

ch. 1, pi 1, created the "State Hospitals and Special 

Schools Building l?und" and appropriated $5;000,000 to 

the Hospital Board for the purpose of constructing, repairing and equipping buildings. 

Section 1 of Article II of House Bill 426, 

Acts 52nd Leg., R.S., 1951, ch. 499, p* 1228 (The Gener'Bl 

Appropriations Act) contains appropriations to the various 

State Hospitals and Special Schools entitled "Maintenance 

and repairs, out of local funds" and "Capital outlay, 

Improvements and equipment, outof, local funds." All 

other appropriations to the respective Institutions contained In Section.1 are out of the general revenue fund. 

Section 26 of Article II of the General Appropriation 

Act contains the following appropriation at page 1298: 
Hon. Larry 0. Cox, page 2 (v-1547) 

.- 

'(a) There is hereby appropriated to the 

Board.for Texas State Hospitals and Special 

Schools Five Million Dol~ai~~~($5,000,000) for 

each fiscai year of the ~blemiurn ending August 

31, 1953. Such funds are to be credited to 

the State Hospitals and Special Schools Building Fund which Is the saine hospital building 

fund as provided for in Houqe Bill,No. 2, First 

Called Session, Fifty-first Legislature. 

-Y "From and after September 1, 1951, all 

balances eon hand or remairrlng ln the State 

Hospital Fnqd as created-by A@icle XIX, ,House 

Bill .No. 3;: First Called Session of the Fiftyfirst Legislature and al? moneys accurlng'to 

said fund on and after September l,, 1951, 

froln any and all sources whatsoever are hereby 

transferred to the GeneraI~Revenue Fund. 

"(3) All funds credited to the State 

Hospitals and Special Schools Building Fund 

under this Article are hereby appropriated to 

the Board for Texas StateHospItals and Speclal Schools for the purpose'~of architectural 

and:engifieering plansfi'cpnk%tructlng, repalring and equipping such buildings as in the 

opinloti.df the Board are necessary to the 

proper care of those committed or to be commltted' to such.hospltals and special-sbhools 

according to law. Provided, however, the 

fees paid to an architect shall~not exceed 

six per cent (6$) for the pItis, specIfica=' :. 

tlons and supervision of construction of said 

buildWgs and all construction contracts made 

for,~and the final acceptance In connection 

with such construction, other thanthe plans 

and specifications, shallbe subject to the 

review and approval of the.Eoard of Control. 

The Board may contract for, and pay plans and 

specifications for any contemplated construction, even though the contract for such lans 

and specifications may be made in one (1 P year 

and the contract for construction is entered 

Into the following year. 
Hon. Larry p. Cox, page 3 ~(v-1547) 

', Pollc;(:~ 

the Board 

Hospitals 

It is hereby declared the intent and 

the Fifty-second Legislature that 

shall use such moneys from the State 

and Special Schools BuildingFund'as 

may be required to repair and rehabilitate 

existing buildings and facilities." 

The appro rlations 

Akkle II (pages 

contained in Section 1 of 

12 i O-1282) are specifically made to 

the various State Hospitals and Special Schools while 

the appropriation contained in Section 26 Is made to 

the Board for Texas State ,Hospltals and Special-Schools. 

The Board for Texas State Hospitals and Special 

schools was created by House Bill 1, Acts 51st Leg., R.S. 

1949, ch. 316, p. 588 (Article 317413, V.C.S.). Section 

10'provldes: 

"The Superintendent of any Institution 

named herein with the,approvai of the Executive Director may appoint a business manager 

who shall receive a salary not to exceed;Slx 

Thousand Dollars ($6,000). per 'yearand who 

shall receive the-same emoluments as the 

Superlnterdent. The busltiess manager shall 

manage the fiscal affairs of the institution, 

handle all maintenance matters, be responsible 

for the efficient operation of all auxiliary 

enterprises, and prepare and submit ,to the 

Executive Directorthe estimate of needed'approprlatlons each biennium. He may have such 

other.dutles and powers as 'the-Board for Texas 

State Hospitals and Special Schools may,by 

rule and regulation prescribe. He shall give 

bond In the sum of Twenty-five Thousand Dollars ($25~000) payable to the State of'Texas 

conditioned uuon the faithful derformarice of 
Hon. La&y 0. Cox, page 4 (V-1547) 

It Is noted that the underlined portion of 

Article 3174b Is strictly limited to'the "appropriated 

funds of the institutions" and does not apply to funds 

appropriated to the Hospital Board. 

Since the Board for Texas State Hospitals and 

Special ~Schools Is the only agency of the State authortied 

to expend~ploney out of the Hospital Building Fund, It Is 

our opinion that the appropriation contained In Section 

26 of Article II of then General Appropriation Act does 

not constitute "appropriated funds of the institutions". 

within the meaning of Section A0 of Article 3174b, V.C.S. 

-Section 1,of Article 6252-5, V.C,S., provides: 

"All expenditures of funds appropriated 

to the~qarlous boards, bureaus, commlsslons 

and other-agencies of the.State of Texas nor 

in existence, or hemafter created shall be 

made Sf order of the governing bo,dy thereof 

and tfie. same shall be’ pa%bjr warrants drawn 

by the-Comptroller of Public Accounts on 

vouchers approved, by the chzi$man or presldent bf the governing body or by an executive 

officer, official or .empJoyee of such board, 

buregu, commlsslon ore other agency desi,gnated 

,by the governing body by or~der entered on Its 

minutes, lf any, and countersigned by the 

secretary or an executive officer or official 

deslgilated by the governing body by order 

etkered on its minutes, if any. A certified 

copy of any such order ktered pursuant to 

the provisions of this Section designating 

an officer, .official or employee to approve 

and execute or to countersign vouchem, 

together with a slgnature’card of the person 

or persons deslgnat,ed, ahal- be fllzd with 

the Comptroller of Public Accounts. 

We have been informed by the Comptroller's ofvice that pui-suant to Article 6252-5 the Executive Dlrector of the Hospital Board has been designated to approve 

vouchers for it. Therefore, you dare advls.ed that the 

Executive Director of the Board for Texas State Hospitals 

and Special Schools has atithority to initiate and approve 

vouchers affecting the “State Hospit~als and Special 

Schools Building Fund. ‘I. 
Hon. Larry 0. Cox, page 5 (V-1547) 

SUMMARY 

!l!he Executive Director of the Board for 

Texas State Hospitals and Special Schools, 

rather than the Business Manager of the 

various estate hospitals and special schools 

should Initiate and approve vouchers for 

payment effecting the act designated as 

the "State Hospitals and Special Schools 

Building Fund" created by House Bill 2, Acts 

slat Legislature, 1 Called Session, 1950, 

ch. 1, pa 1. 

APPROVED: 

J. C, Davis, Jr. 

County Affairs Division 

B. Jacobson 

Executive Assistant 

Charles D. Mathews 

First Assistant 

JR:am 

Yours very truly, 

l'RICE DANIEL 

Attorney General 

Assistants