THIGATT~~EY GENERAL OFTEXA~

September 27, 1957

HonorableRaymond W. Vowel1 Acting Executive Director Board for Texas State Hospitals and Special Schools Box S, Capitol Station Austin, Texas OpinionNo. 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 TuberculosisHospital.

Senate Bill 11, Acts of the 53rd Legislature,Regular Session, 1953, ch. 29, p. 36, created the Harlingen State TuberculosisHospital 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 tuberculosispatients from the Weaver Raker Sanitorium to the San Antonio State TuberculosisHospital and the Legion Sanatorium.

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

"Section1. The name of 'LegionState 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 TuberculosisHospital.
"Sec. 2. All laws heretofore or hereafter enacted by the Legislature applicable or relating to 'LegionState Sanatorinml shallhereafter be applicable and relate to Legion Branch of the San Antonio State Tuberculosis Hospital.
"Sec.3. Ali appropriationsheretoforemade and now effective or appropriationshereaftermade by the Legislature for the use and benefit of 'LegionState Sanatorium' shallbe 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 contractsheretofore entered into in behalf of 'LegionState Sanatorium'are hereby ratified, confirmed,and validated for and in behalf of Legion Branch of the San Antonio StateTuberculosisHospital.

“Sec. 5. The fact that the present name of this Institutiondoes not properly designate and describe such institution createsan emergency and an imperativepublic necessity that the ConstitutionalRule requiring bills to be read on three severaldays 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 TuberculosisHospital rather than an independent institution. The Legion Branch of the San Antonio State TuberculosisHospital does not have a Superintendentnor is there any money appropriated to pay such a salary. However, the Legislaturehas provided the Legion Branch with a buslness manager and has continuouslyappropriatedmoney for the payment of his salary.

The Board for Texas State Hospitals and Special Schools is authorized to employ suchpersonnel 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:

"Fromthe foregoing it is evident that the legislationwhich made the Austin State School Farm Colony an institution in that group of institutionswhich comprise the Texas State Hospitals and Special Schools,has been uniformly construedby the Legislaturewhich enacted it and by each Legislaturewhich has convened since that time as authorizing the employment and payment of a superintendentand a businessmanager 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 TuberculosisHospital and you are advised that the salary of a businessmanager-- .._

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

for the Legion Branchmay be legallypaid 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 businessmanager for the Legion Branch of the San Antonio State TuberculosisHospital may legallybe paid from the funds appropriatedby House Bill 133,Acts 55th Legislature,Regular Session, 1957, Chapter 385, page 898.
Yoursvery 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