Untitled Texas Attorney General Opinion ( 1957 )

THEATI-OIRNEY GENERAL
OFTEXAS
AUSTXNI~.TEXA~
WILL WILSON
A-GRNSY GSENBHAL.
September 3, 1957
Honorable Robert S. Calvert Opinion No. w-251
Comptroller of Public Accounts
Capitol Station Re: Whether certain institu-
Austin 11, Texas tions constitute State
Eleemosynary Institutions
within the meaning of
Senate Bill 190, Acts of
Dear Mr. Calvert: the 55th Legislature.
You have requested an opinion on the following ques-
tion:
"Are the following state agencies, Eleemosy-
Institutions within the meaning of Senate Bill
No. 190, Acts of the 55th Legislature?
"1. Corsicana State Home
Waco State Home
;: Texas Blind, Beaf & Orphans School
4. Board for Texas State Hospitals &
Special Schools
Texas Confederate Homes
2: Alabama & Coushatta Indian Agency
7. Moody State School for Cerebral
Palsied Children
East Texas Tuberculosis Sanatorium
9": McKnight Tuberculosis Hospital
10. Mexia State School
11. San Antonio State Tuberculosis Hos-
pital
Kerrville State Home
:;: Austin State School Farm Colony
14. Abilene State School
Austin State Hospital
2: Austin State School
Rusk State Hospital
3: San Antonio State Hospital
Terre11 State Hospital
:g: Wichita Falls State Hospital
Harlingen Tuberculosis Hospital
2 Big Spring State Hospital
23. Gatesville State School for Boys
Honorable Robert S. Calvert, page 2. (w-251)
24. Gainesville State School for Girls
Crockett State School for Girls
2: Texas Youth Council
Texas School for the Blind
3: Texas School for the Deaf,"
While the Legislature has used the phrase "eleemosynary
institution" on numerous occasions (Title 51 of Revised Civil
Statutes of Texas, 1925, entitled Eleemosynary Institutions,
Section 144, Tex. ProbateCode and Article 690 et seq.), the
judiciary of this state has not defined the term eleemosynary
institution.
Eleemosynary institution is defined in Websters New
International Dictionary, 2nd Unabridged Edition, as follows:
"1. Relating or devoted to charity,
alms or almsgiving.
"2. Given in charity or alms; having
the nature of alms.
"3. Supported by charity; as eleemosy-
nary poor.'
The above auoted definition of eleemosvnarv institution
has been adqpted in'other jurisdictions. See United Community
Services v. Omaha National Bank, 162 Neb. 786, 77 N.W.2d 576
11956 . For additional definitions of eleemosynary institutions
see 1 , Words and Phrases (per.ed.).
Section 11 of Senate Bill 190, Acts of the 55th Legis-
lature, Regular Session, ch. 414, p. 1247, 1250, provides:
"Sec. 11. It is the intent of the Legis-
lature that the Board may authorize an agency
to dispose of surplus or salvage property where
the agency demonstrates to the Board its abil-
ity to make such disposition under the rules and
regulations set up by the Board, as provided for
herein. It is the further intent of the Legis-
lature that state eleemosynary institutions and
institutions and agencies of higher learning
shall be excepted from the terms of this Act."
While the phrase "state eleemosynary institution" is
not defined in Senate Bill 190, the phrase is defined by the
Legislature in Section 2 of Article 3174a, Vernon's Civil
Statutes as follows:
Honorable Robert S. Calvert, page 3. (w-251)
"Wherever the name IEleemosynary Insti-
tutions' or any reference thereto appears in
the Legislative Statutes of Texas of 1925,
or in any amendment thereto or in any Acts
of any Legislature passed since adoption of
said Revised Statutes, such name and such
reference shall hereafter mean and apply to
the 'Texas State Hospitals and Special Schools'
in order to conform to the new name of said ln-
stitutions as provided in Section 1 hereof."
The Texas State Hospitals and Special Schools within the
meaning of Section 2 of Article 3174a are listed in Section 1 of
Article 317&a and Section 3 of Article 317&b.
Since the Legislature did not define state eleemosynary
institutions in Senate Bill 190, it is our opinion that it in-
tended that the definition of eleemosynary institutions provided
in Section 2 of Article 3174a would apply, and, therefore, the
phrase "State Eleemosynary Institutions" refers to those insti-
tutions named in Section 1 of Article 317&a and Section 3 of
Article 317&b, Vernon's Civil Statutes, as amended, and to no
others.
Therefore, you are advised that the Corsicana State Home,
Waco State Home, Texas Blind,Deaf & Orphans School, Texas Con-
federate Homes, Alabama Coushatta Indian Agency, Moody State
School for Cerebral Palsied Children, East Texas Tuberculosis
Sanatorium, McYnight Tuberculosis Hospital, Nexia State School,
San Antonio State Tuberculosis Hospital, Kerrville State Home,
Austin State School Farm Colony, Abilene State School, Austin
State Hospital, Austin State School, Rusk State Hospital, San
Antonio State Hospital, Terre11 State Rospital, Wichita Falls
State Hospital, Harlingen Tuberculosis Rospital, Big Spring
State Hospital, Texas School for the Blind, and Texas School
for the Deaf are eleemosynary institutions within the meaning
of Senate Bill 190, Acts of the 55th legislature, Regular Ses-
sion, ch. 414, p. 12&7,1250.
Since the Gatesville State School for Boys and Gaines-
ville State School for Girls are specifically exempt from the
definition of eleemosynary institution and the Crockett State
School for Girls is not included, you are advised that these
institutions are not eleemosynary institutions within the
meaning of Senate Bill 190. You are further advised that the
Board for Texas State Hospitals and Special Schools and the
Texas Youth Council are governing boards rather than institu-
tions and these agencies do not constitute a state eleemosynary
instituticn within the meaning of Senate Bill 190.
Honorable Robert S. Calvert, page 4. (w-251)
SUMMARY
The phrase "state eleemosynary lnsti-
tution", within the meaning of Senate
Bill 190, Acts of the 55th Legislature,
Regular Session, ch. 414, p. 1247, 1250,
includes those institutions named in
Section 1 of Article 317&a and Section
3 of Article 317413and no other insti-
tutions.
Yours very truly,
WILL WILSON
Attorney General of Texas
JR:zt Assistant
APPROVED:
OPINION COMMITTEE
H. Grady Chandler, Chairman
Howard Mays
James W. Wilson
Sam Lane
REVIEWED FOR THE ATTORNEY GENERAL
BY:
Geo. P. Blackburn