Untitled Texas Attorney General Opinion ( 1952 )

August 25, 1952 Hon. Larry 0. Cox Executive Director Board for Texas State Hospitals and Special Schools Austin, Texas Opinion NO. v-1508 Re: Authority of the Board for Texas State Hospitals and Special Schools to relocate Weaver H. Baker Memorial Dear Sir: Sanatorium. Your request for an opinion reads In part as follows: "We desire the opinion of your office regarding the legality of the relocation of the Weaver H. Baker Memorial Sanatorium, which is a tuberculosis sanatorium now located near Mission, Texas. "The site of the present sanatorium was once Moore'~ArmyAir Field, and the State Board of Control and the State of Texas ac- quired the property from the Federal Govern- ment after It was .declaredsurplus to the U. S. Government's needs. The deed from the Federal Government to the State'of Texas provided for recapture by the government' during any national emergency. ,"We have been notified that Congress has enacted leglslatlon and appropriated funds to "recapture" this institution, "At the p&sent time we have approximately nine hundred tuberculosis patients being tregt- ed at this lnstallatlon. We have no other installations with sufficient bed space to care for any of the,sepatients. In order to prevent these patients from being released, many of whose cases are Infectious and con- tagious, It 1s absolutely necessary that plans Hon. Larry 0. Cox, page 2 (V-1508) - be made and constructionof a new lnstal- lation be begun at once. Of course, since the incidence of tuberculosis is many times as high in the southern region of the State as In any other portion of the State, it would not be practical to locate the lnstal- latlon In any region north,of Travis or Bexar Counties. "Section 8 of Article 3174b (V.C.S.) seems to indicate that this Board may ac- quire property for the establishment of tuberculosis sanatorla. However, Subsec- tion (b) of Section 3, Article 11 of House BIll~No. 426, Reg. Sess., 52nd Leg., 1951, seems to prohibit any relocation or use of funds in so doing." Based upon the above facts you ask: "1. Whether we can legally relocate the Weaver H. Baker Memorial Sanatorium by acquiring a new site by donation or purchase. "2. If your answer to question number one Is In the negative, could we legally re- locate the Installation on the grounds of some,lnstltutlon already established which might not be a tuberculosis sanatorium? For example the San Antonlon State Hospital for mentally ill. “3. If your answer to either question number one or two Is ln,the affirmative, could this Board legally expend funds at this time for the planning andk construc- tion of such new installation? Section 8 of Article 317413,V.C.S. (H. B. 1, Acts 51st Leg., R.S., 1949, ch. 316, p. 588) provides: "The Board for Texas State Hospitals and Special Schools is hereby authorized to negotiate for and to acquire from the United States Government, or any agency thereof, or from any source whatsoever, by gift, purchase, or leasehold, for and on behalf of the State of Texas, for use In the State service, and in the establishment Hon. Larry 0. Cox, page 3 (V-1508) of State tuberculosis sanatoriums, any lands, buildings, and facilities 'within the State of Texas, and any personal properties wherever located, and to take title thereto for and in the name of'the State of Texas." Article 3251a V.C.S. (S. B. 147, Acts 50th Leg., R. St 1947,,ch. 44, p. 58) provides: "The State Board 'ofControl bow Hospl- tal Board7 is hereby authorized to negotiate for and To acquire from the United States Government, or any agency thereof, or from any source whatsoever, by gift, purchase, or leasehold, for and on behalf of the State of Texas, for use In the state eleemos,ynary service, and In the establishment of state tuberculosis sanatoriums, any lands, build; ings, and facilities within the State of Texas, and any personal properties wherever located, and to take title thereto for and in the name of the State of Texas." S. B. 374, Acts 50th Leg., R. S., 1947, ch. Y& p* 556, contains' the following provision at page "There Is hereby appropriated for the fiscal year ending August 31, 1948, the sum of Five Hundred Fifty Thousand ($550,000.00) Dollars for the conversion and securing of title to Moore Field near Mission Texas, In accordance with Senate Bill No. 147, Acts of Regular Session, 50th Legislature,,1947 and establishing the Weaver H. Baker Memorial Tuberculosis Sanatorlum. In the,event Moore Field cannot be secured the Board of Control shall have authority to 'establish said Sana- torium at such other place as the Board of Control may direct. For the fiscal year ending August 31, 1949, the unexpended bal- ance of Five Hundred,Fifty Thousand ($550,- 000.00) Dollars Is reappropriated for con- version. For the fiscal year ending August 31, 1948, there Is approprlated~the sum. of Three Hundred Ten Thousand ($310,000.00) Dollars to the Weaver H. Baker Memorial Hon. Larry 0. Cox, page 4 (v-1508) Tuberculosis Sanatorium for salaries, opera- tion, support, maintenance, general lmprove- ments, repairs and contingent expenses.' For the fiscal year ending August 31, 1949 'there Is appropriated Six Hundred Thousand ($#600,- 000.00) Dollars for salaries, operation, sup- port, maintenance, general Improvements re- pairs and contingent expenses. Upon the establishment of such hospital, patients shall be admitted thereto in accordance with the laws, rules and regulations applicable to the admission of patients to the State Tuberculosis Sanatorium at Carlsbad, Texas.” The Weaver H. Baker Memorial Tuberculosis Sana- torium was located near Mission, Texas, with funds ap- propriated by the above-quoted provisions. In the pur- chase of Moore Field the deed of conveyance was,made subject to the right of the Federal Government to "re- capture" Moore Field during any national emergency. As ttated by you the Federal Government now desires to recapture' this property. It was held in the letter opinion of this of- fice to the Chairman of the Senate Finance Committee dated May 16, 1947, that the South Texas Tuberculosis Sanatorium located at Laredo, Texas, could not be re- located until legislation had been enacted authorlslng such a change in location. Further, It was held In Attorney General's Opinion No. V-1190 (1951) that the Board for Texas State Hospitals and Special Schools was without authority to establish a new Institution, stat- ing: Specific acts of the Legislature have authorized the creation and establlsh- ment ,ofInstitutions within the jurisdiction of the Board for Texas State Hospitals and Special Schools. An examination of the acts in question reveals that specific authoriza- tion has been deemed necessary in the past. (See Chapters 1, 2 and 3, Title 51, V.C.S.) In the absence of such ~authorlty,it is our opinion that a new Institution may not be es~tab~lished. " Since the Weaver H. Baker Memorial Tuberculosis Sanatorium has previously been located at the former site of Moore Field at Mission, Texas, it Is our opinion that Hon. Larry 0. Cox, page 5 (v-1508) the Board for Texas State Hosplta~isand Special Schools is without authority to relocate it at a new site or at another Institution until authorized by the Legislature. Subsection (b), Section 3, Article II of House Bill 426, Acts 52nd Leg., 1951, ch. 499, p. 1228, at p* 1289 (the General Appropriation Act) expressly prohibits the expenditure of any of the money appropriated under that act for the relocation of Institutions for which authorl- satlon has not been granted. It Is noted that Articles 317413and 3251a, V.C.S., authorize the Board to acquire land and personal property by gift, purchase, or lease for use of instl- tutions under Its management and``control. Since'acqulsi- tlon by gift does not necessitate the expenditure of money, the power of the Board to accept donations does not depend upon the existence of an appropriation which could be expended for the acquisition of such land. Therefore, you may accept donations of land,for the use and benefit of the Weaver H. Baker Sanatorium If you determine It is to the best interest of the public and the institution Involved. We make this statement since this office has been Informed that certain Interested citizens of the Rio Grande Valley area have offered or are in the process of offering certain donations of land to the Board for the use and benefit of the ~Weaver H. Baker Memorial Sanatorium. However, utilization of the land as a hospital site will have to await authorization by the Legislature. SUMMARY The Board for Texas State Hospitals and Special Schools Is without authority to re- locate thenWeaver H. Baker Memorial Sana- torium until authorized by the Legislature. However, the Board may acquire land by gift for the use and benefit of the Weaver H. Baker Memorial Sanatorium. Arts. 3174b3and 3251a, V.C.S. Yours very truly, APPROVED: PRICE DANIEL Attorney General J. C. Davis, Jr. County Affairs Division Mary K. Wall Reviewing Assistant Assistant Charles D. Mathews First Assistant JR:am