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 include MIiMR "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 General Appropriations Act, 

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. 3457 
The 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 j urlsdlction 

for em=ency purposes 

and for equipment, 

repairs, replacements 

and/or new construction, 

the following amounts $500,000 $500,000 

& U.B. 

(Emphasis added). 

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 the Appropriations Act provision quoted above. 

We have examined the portions of the Appropriations Act 

which relate to the Department of Mental Health and Mental 

Retardation to ascertain the meaning intended by the use of 

the word institution. We were able to ascertain no consistent 

use of the word which would necessarily exclude the central 

office from its ambit. On the other hand, there are at least 

two statutory provisions which suggest that the central 

office is included in the term institution. 

The composition of the Texas Department of Mental Health 

and Mental Retardation is established by article 5547-202, 

V.T.C.S. Section 2.01 of that statute reads in part: 

The Texas Department of 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. 3458 
The Honorable Kenneth Gaver, M.D. - page 3 (H-820) 

of the Commissioner and the .Deputy Cormnissioners, and the following facilities and. 

institutions,toqether with such additional 

P ilities and institutions as may.hereaz:er by law be made a part of the Department: 

(1) the Central Office of the 

Department: 

. . . . 

[29 other facilities and institutions 

are listed]. (Emphasis added). 

A rider to the General Appropriations Act, Acts 1975, 

64th Leg., 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 fiscal year 

ending August 31, 1976, are hereby reappropriated to the agencies covered by this Section 

for the fiscal year beginning September 1, 1976, 

and may be allocated to 9 institution or 

awncy, other than the central offices aiia 

Community Mental Health and. Mental Retardation 

Centers, under the respective agencies to be 

expended for such purposes as are approved by 

the respective,qoverninq boards . . . . 

(Emphasis added). 

In this instance, the Legislature refers in the Appropriations Act to “any institution or agency, other than the 

central office" and refers in the statute creating the 

Department to "facilities and institutions" as including the 

central office. In light of the absence of any clear indication that the central office is not an institution under the 

jurisdiction of the Department of Mental Health and Mental 

Retardation and in light of the two suggestions that the 

central office is included in that term, it is our opinion 

that the Department of Mental Health and Mental Retardation 

may allocate money out of the Reserve Fund appropriation to 

the central office for the purposes enumerated in that 

appropriation. 

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

SUMMARY 

The Department of Mental Health and 

Mental Retardation may allocate money 

to its central office from the Reserve 

Fund. 

Very ,truly yours, 

APPROVED: 

Attorney General of Texas 

Opinion Committee 

jwb 

p. 3460