Untitled Texas Attorney General Opinion ( 1958 )


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  •                       April 23, 1958
    Dr, Raleigh RI Ross, M.D.         Opinion No. WW-418
    Chairman, Board for Texas State
    Hospitals and Special Schools   Re: bhether Attorney Gener-
    Austin, Texas                         al's Opinion W-376 (1958)
    is applicable to the posi-
    tion of Director of Mental
    Health and Hospitalsfor
    the Texas State Hospitals
    Dear Dr. Ross:                        and Special Schools.
    Your letter of April 17, 1958, relates that the Board
    for Texas State Hospitals and Special Schools desLres to supple-
    ment the salary of the Director of Mental Health and Hospitals.
    The proposed supplementationwould be in the amount of $5000.00
    er year and be derived from gifts and grants made to the Board
    y a Texas CharitableFoundation. Your letter furtherrelates
    ii
    that at least 20% of the Director's time will be devoted to the
    program of planning, establishing,staffingand operating the
    research, training and out-patientfacilities provided for in
    the current Biennial AppropriationAct. While it has no bear-
    ing upon the legal question before us, you have stated that the'
    Board does not, at the present time, plan to supplementthe sal-
    ary of the Executive Director of the Board with which opinion
    w-376 (1958)was concerned,but in lieu thereof, desires to
    supplement the salary of the Executive Director of Mental Health
    and Hospitals.
    As we pointed out in our opinion WW-376 (19581,the
    current Biennial AppropriationAct authorizesyour Board to ac-
    cept any gifts, grants or donations for the maintenanceand
    operation of research facilities or out-patientclinics, and
    appropriatesall such funds forRtp purposes for which the donor
    stipulates. (Acts 55th Leg           1957 Ch. 385, P. 907).
    Section 8 of Art&e   693 VeiAon;s'&Lvilhtatutes grants the
    Board general authority $0 take and hold in trust'anygift and
    to apply the SW as the donor or devisor may direct.
    In v%ew of the circumstances it is not necessary for
    us to review in detail our opinion W-376.   While this opinion
    was limited to the position of Executive Director, the princi-
    ples and conclusionannounced therein are equally applicable to
    the position of Director of Mental Health and Hospitals.
    Dr. Raleigh R. Ross, M.D., page 2   ~(~-418)
    You are accordingly advised that your Board is au-
    thorized to supplement the salary of Director of Mental Health
    and Hospitals in the same manner and subject to the same con-
    ditions announced in Attorney General's Opinion M-376 (1958),
    applicable to the position of Executive Director.
    The Board 'for Texas State Hospitals and Special
    Schools is authorized to supplement the salary of
    the Director of Mental Health and Hospitals in the
    same manner and subject to the same conditions set
    forth in Attorney Generalls Opinion WW-376 (1958),
    applicable to the position of Executive Director.
    Yours very truly,
    WILL WILSON
    Attorney General of Texas
    Leonard Passmore
    LP:pf:wb                               Assistant
    APPROVED:
    OPINION COMMITTEE
    J. C. Davis, Jr,, Chairman
    J. Mark McLaughlin
    Mary K. Wall
    REVIEWED FOR THE ATTORNEY GENERAL
    BY:   W. V. Geppert
    

Document Info

Docket Number: WW-418

Judges: Will Wilson

Filed Date: 7/2/1958

Precedential Status: Precedential

Modified Date: 2/18/2017