AUSTIN. Tex~n~78711

**May 7,**  **1976**

The Honorable Kenneth Gaver, **M.D.** Opinion No. Ii-819 Commissioner Texas Department of Mental Re: Does "institutions" Health & Mental Retardation as used in appropriation P. 0. Box 12668, Capitol...Station item includeMIiMR"Central Austin, Texas 78711 Office."
Dear Commissioner Gaver:
You ask: Under the provisions of the current Appropriations Bill does the Texas Board of Mental Heal.th and Mental Retardation have the authority to allocate funds from the Reserve Fund of the Texas Department **of** Mental Health and Mental Retardation to the Central Office.of this Department for emergency pi&poses and for equipment, repairs, replacements and/or new construction7 The relevant portion of the GeneralAppropriationsAct, Acts 1975, 64th Leg.,.ch. 743 at 2417, 2463,provides: RESERVE FUND

Out of the General Revenue Fund: For the Years Ending Auq. 31, Auq. 31, 1976 1977

p.3457The Honorable Kenneth Gaver, M.D. - Paqe 2 (H-819)

There is hereby appropriated to the Board of Mental Health and Mental Retardation, for allocation by said Board to

institutioiZ Eisfs jurlsdlction for em=ency purposes and for equipment, repairs, replacements and/or new construction, the following amounts $500,000 $500,000 & U.B.

(Emphasisadded). The issue presented by your request is whether the Central Office of the Texas Department of Mental Health and Mental Retardation is an "institution"under the jurisdiction, of the Board of Mental Health and Mental Retardation for purposes **of** theAppropriationsAct provision quoted above.
We have examined the portions of theAppropriationsAct which relate to the Department of Mental Health and Mental Retardation to ascertain themeaning intendedby the use of the word institution. We were able to ascertain no consistent use of theword which would necessarily exclude the central office from its ambit. On the other hand, there are at least two statutoryprovisionswhich suggest that the central office is included in the term institution. The composition of the Texas Department of Mental Health and Mental Retardation is establishedby article 5547-202, V.T.C.S. Section 2.01 of that statute reads in part:

The Texas Departmentof Mental Health and Mental Retardation shall consist of a Texas Board of Mental Health and Mental Retardation, a Commissioner **of** Mental Health and Mental Retardation,a Deputy Commissioner for Mental Health Services, a Deputy Commissioner for Mental Retardation Services, a staff under the direction

p.3458The HonorableKenneth Gaver, M.D. - page 3 (H-820)

of the Commissioner and the .DeputyCormnissioners, and the following facilitiesand. institutions,toqetherwith such additional P ilities and institutionsas may.hereaz:er by law be made a part of the Department: (1)the Central Office of the Department:

. . . . [29other facilitiesand institutions are listed]. (Emphasisadded).
A rider to the GeneralAppropriationsAct, Acts 1975, 64thLeg., ch. 743 at 2417, 2513,provides in part:

C. UNEXPENDED BALANCES. (1)All unexpended balances not otherwise restricted and remaining in the respective appropriation items in the Department of Health Resources, or Department of Mental Health and Mental Retardation, at the close of the fiscalyear endingAugust 31, 1976, are hereby reappropriated to the agencies covered by this Section for the fiscalyear beginning September 1, 1976, and may be allocated to 9 institutionor awncy, other than the central offices aiia Community Mental Health and. Mental Retardation Centers, under the respective agencies to be expended for suchpurposes as are approvedby the respective,qoverninqboards

. . . . (Emphasisadded).
In this instance, the Legislature refers in the AppropriationsAct to “any institutionor agency, other than the centraloffice" and refers in the statute creating the Department to "facilitiesand institutions"as including the centraloffice. In light of the absence of any clear indication that the central office is not an institutionunder the jurisdictionof the Department of Mental Health and Mental Retardationand in light of the two suggestions that the centraloffice is included in that term, it is our opinion that the Department of Mental Health and Mental Retardation may allocatemoney out of the Reserve Fund appropriation to the central office for the purposes enumerated in that appropriation.

p.3459The Honorable Kenneth Gaver, M.D. - page 4 (H-820)

SUMMARY The Department of Mental Health and Mental Retardationmay allocatemoney to its central office from the Reserve Fund. Very ,truly yours,

APPROVED: Attorney General of Texas

Opinion Committee jwb

p.3460