THEA~ORNEYGENERAL 

OF TEXAS 

FVILL WILSON 

AlTOlCNEYGENERAL 

AUSTIN aa. TEXAS 

October 31, 1960 

Mr. J. T. Ellis, Jr. 

Administrator 

Department of 

Austin, Texas 

Health 

Opinion No. WW-954 

Re: The definition of "institution" as used in House Bill 

609, 53rd Legislature, amended by Senate Bill 121, 56th 

Legislature, and codified as 

Article 4442~ of Vernon's -. . _ - Dear Mr. Ellis: Clvll statutes. 

In your letter of recent date you requested our 

opinion on the following questions: 

"1. If an 'institution' furnishes food 

and shelter to four or more persons unrelated to the proprietor and also furnishes minor 

medical treatment or services which meet some 

need beyond the basic provision of food, shelter and laundry to on1 

--F+ 

one of the four or 

more persons, is sue an'institutlon' liable 

for licensing? 

"2. May an 'institution' provide minor 

medical treatment or services which meet some 

need beyond the basic provision of food, shelter and laundry to as many as three persons 

unrelated to the proprietor and also admit 

other persons to the 'institution' who are provided only room, board and laundry without 

securing a state license under the nursing and 

convalescent home licensing law?" 

Section 2(a) of Article 4442~ of Vernon's Civil 

Statutes reads in part as follows: 

"'Institution' means an establishment 

which furnishes (in single or multiple facilities) food and shelter to four (4) or more 

persons unrelated to the proprietor, and, 
Mr. J. T. Ellis, Jr., Page 2 (w-954) 

in addition, provides minor treatment under 

the direction and supervision of a physician 

licensed by the Texas State Board of Medical 

Examiners, or services which meet some need 

beyond the basic provision of food, shelter, 

and laundry. . . .' 

In the quoted portion of said Section 2(a) two 

qualifications are set out which must be met before an 

establishment is considered an "institution" and thus covered by the enactment in question. The first of these qualifications is simply that the establishment furnish food and 

shelter to at least four persons who are unrelated to the 

proprietor. The second qualification is, in substance, that 

the establishment also provide minor medical treatment under 

the supervision of a physician, or some services which meet 

some need beyond the basic provision of food, shelter and 

laundry. The minimum of four requirement applicable to the 

first said qualification is not expressly made applicable to 

the second said qualification and it is our opinion that such 

a limitation should not be read into the statute, Gadd v. 

First Nat'l. Bank of Beaumont, 115 Tex. 393, 283 S. -7%--b 

(Apr. 7 192f) In answer to your first question, an institution which furnishes food and shelter to four or more persons 

unrelated to the proprietor and also furnishes minor medical 

treatment under the supervision of a physician or services 

which meet some need beyond the basic provision of food, shelter and laundry to only one of the four or more persons must 

be licensed under the statute in question. In answer to. your 

second question, an institution that provides such minor medical treatment or services which meet some need beyond the 

basic provision of food, shelter and laundry to as many as 

three persons unrelated to the proprietor and also admits 

other persons to the institution who are provided only room, 

board and laundry must be licensed under the statute in 

question. 

SUMMARY 

An establishment, except hospitals and 

other establishments specifically excepted from the statute in question, which 

furnishes food and shelter to four or 

more persons, unrelated to the proprietor, 

and, in addition, provides minor treatment 

under the direction and supervision of a 

physician licensed by the Texas State 
. - 

Mr. J. T. Ellis, Jr., Page 3 (ww-954) 

Board of Medical Examiners, or services 

which meet some need beyond the basic 

provision of food, shelter and laundry 

is an "institution" under Article 4442c, 

Vernon's Civil Statutes, regardless of 

the number of persons receiving such 

minor medical treatment or such other 

services. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

By )A d ecu 

Joe B. McMaster 

Assistant 

JBM:mm 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Raymond V. Loftin, Jr, 

Ben M. Harrison 

Iola B. Wilcox 

F. C. Jack Goodman 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore