THIGATT~~EY GENERAL 

OFTEXA~ 

September 27, 1957 

Honorable Raymond W. Vowel1 

Acting Executive Director 

Board for Texas State Hospitals and Special Schools 

Box S, Capitol Station 

Austin, Texas 

Opinion No. WW-208 

Re: Validity of appropriations for the payment 

of salary to the Dusiness Manager of the 

Legion Tuberculosis 

Dear Mr. Vowell: Hospital. 

You have requested an opinion on the validity of 

appropriations for the payment of salary to the Business 

Manager of the Legion Tuberculosis Hospital. 

Senate Bill 11, Acts of the 53rd Legislature, Regular Session, 1953, ch. 29, p. 36, created the Harlingen State 

Tuberculosis Hospital and the San Antonio State Tuberculosis 

Hospital. House Bill 68, Acts of the 53rd Legislature, Regular Session, 1953, ch. 30, p. 38, authorized the Board for 

Texas State Hospitals and Special Schools to transfer tuberculosis patients from the Weaver Raker Sanitorium to the San 

Antonio State Tuberculosis Hospital and the Legion Sanatorium. 

House Bill 409, Acts of the 54th Legislature, Regular Session, 1955, ch. 429, p. 1142, provides: 

"Section 1. The name of 'Legion State Sanatorium', created by House Bill No. 68, Chapter 

30, Acts of the Fifty-third Legislature, Regular 

Session, 1953, is hereby changed to Legion Branch 

of the San Antonio State Tuberculosis Hospital. 

"Sec. 2. All laws heretofore or hereafter 

enacted by the Legislature applicable or relating 

to 'Legion State Sanatorinml shall hereafter be 

applicable and relate to Legion Branch of the San 

Antonio State Tuberculosis Hospital. 

"Sec. 3. Ali appropriations heretofore made 

and now effective or appropriations hereafter made 

by the Legislature for the use and benefit of 

'Legion State Sanatorium' shall be available for 

the use and benefit of Legion Branch of the San 

Antonio State Tuberculosis Hospital. 
Honorable Raymond W. Vowell, page 2. @w-208,! 

“Sec. 4. All contracts heretofore entered 

into in behalf of 'Legion State Sanatorium' are 

hereby ratified, confirmed, and validated for 

and in behalf of Legion Branch of the San 

Antonio State Tuberculosis Hospital. 

“Sec. 5. The fact that the present name 

of this Institution does not properly designate and describe such institution creates an 

emergency and an imperative public necessity 

that the Constitutional Rule requiring bills to 

be read on three several days in each House be 

suspended, and said Rule is hereby suspended, 

and that this Act shall take effect and be in 

force from and after its passage, and it is so 

enacted." 

Subsequent to the enactment of House Bill 409, Acts 

of the 54th Legislature, the Legislature, in appropriating 

money for the maintenance and operation of the Legion Tuberculosis Hospital, has treated it as a branch of the San Antonio~ State Tuberculosis Hospital rather than an independent 

institution. The Legion Branch of the San Antonio State 

Tuberculosis Hospital does not have a Superintendent nor is 

there any money appropriated to pay such a salary. However, 

the Legislature has provided the Legion Branch with a buslness manager and has continuously appropriated money for the 

payment of his salary. 

The Board for Texas State Hospitals and Special 

Schools is authorized to employ such personnel as is necessary to carry out the operations of the Texas State Hospitals 

and Special Schools. Attorney General's Opinion WW-252 (1957). 

In this opinion it was stated: 

"From the foregoing it is evident that the 

legislation which made the Austin State School 

Farm Colony an institution in that group of institutions which comprise the Texas State Hospitals and Special Schools, has been uniformly 

construed by the Legislature which enacted it 

and by each Legislature which has convened since 

that time as authorizing the employment and payment 

of a superintendent and a business manager for said 

Austin State School Farm Colony." 

The~same reasoning is equally applicable to the appropriation for the payment of salary to the business manager of 

the Legion Branch of the San Antonio State Tuberculosis Hospital and you are advised that the salary of a business manager 
-- .._ 

Honorable Raymond W. Vowell, page 3. (~~-208) 

for the Legion Branch may be legally paid from the funds appropriated for that purpose by the provisions of House Bill 133, 

Acts 55th Legislature, Regular Session, 1957, Chapter 385, page 

898. 

SUMMARY 

The salary of a business manager 

for the Legion Branch of the San 

Antonio State Tuberculosis Hospital 

may legally be paid from the funds 

appropriated by House Bill 133, Acts 

55th Legislature, Regular Session, 

1957, Chapter 385, page 898. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

JR:& 

APPROVED: 

OPINION COMMITTEE 

Geo. P. Blackburn, Chairman 

J. C. Davis, Jr. 

W. V. Geppert 

E. M. DeGeurin 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: 

James N. Ludlum