Untitled Texas Attorney General Opinion ( 1949 )

Hon. Claud Qilmer, Chelrpran opinion Ho. V-905 Board for Texas State Hospitals and Special Schools Rer Whether au9srviaion P. 0. Box 486 OS conatructloncon- Rocksprings, Texas tracts should be CQLL- tinued bg the Board of Control or aasute- ed by the Board for Texas State Hoa9itals and Special Schools Dear 3ir: Your letter of August 24, 1949, requesting an opinion reads in part: "During the current Pisoal year the Board-of Control, acting through Its Divi- sion of Design and Construction(Articles 679-687, R.S. 1925) has entered into or will enter into variouscontractswith varl- OUB firms for the constructionof buildings, installation of elevators, brickwork, paint- ing, etc., at the several Institutionswhich will be governed by the Board for Texas State Hospitals and Special Schools after August 31, 1949. Many of these contractswill not be.completeduutll late in the next fiscal year. "The question has arisen as to whether the Board for Texas State Hos9lt.9laand Spe- cial Schools or the Design and Construction Division of the Board of Control should su- pervise the completion of these contracts which were entered Into or will be entered into before September 1, 1949." There are In all governmentalagencies and de- partments activities which are continuing in nature, as well as those which are non-recurringand which extend over a long period of time. These incomplete operations are assumed by each new official, and completed or auper- Hon. Claud Qilmer, page 2, V-905 vised by him during his term of office. This same principle will apply In the transfer of authority Sra one agency to another unless the Legislaturehas ex- pressed a contrary intention. The Board OS Control,~throughits Dlvialon of Design and Construction,executed the contraats in quea- tion under the authority of Artloles 679-687V.C.S. Set-. tlon 2# House Bill lp Acts 51at Lag,, R.S, 1949, ch.3&,9. 588, reeds in part as follows: " Rffective September 1, 1949, the con&&lOand management of, and all rights, privileges,powers, and duties incident there- to including bullding,deaignand construction of the Texas State Hospitals and Special Sohoola which are now vested in and exercised by the Board OS Control shell be transferredto, veat- ed Ins and exercised by the Board So; Texas State Boapitela and Special Schools. gection 11 of House Bill 1 reads as follows: "All laws and psrts of laws In conflict herewith are hereby repealed to the extent of such conflict only.” These provisions, to the extent of the conlliet between the two statutory provisions, operate as an ex- press repeal of the statutes giving the Board of Control authority to execute and supervise the contracts in ouea- tion and~veat that authority,with all rights, privl- legea, powers0 and duties Incident thereto, In the Board for State Hospitala and'Special mont IndewendentSchool District v. BOb (Tex. Civ. App. 1944, error co. v* American Mfg, 'Co.;155 1941, error ref.,). Repeal is a question of leglalstlve fatent. There are two points which stand as evidence that it was the legislativeintent to repeal the author- ity of the Board of Control and vest It completely.in the new Boards (1) the plain unequivocalwords of House Bill 1 transferringthe authority to the new Board; and (2) the statement in the preamble of House Dill 1 that the inadequacy of the Board of Contro18a SsClli- ties for supervision "now require immediate remedial action.' -. . Hon; >laud Gllmer, page 3, V-905 , The Legislature sought to supply thls 'pame- dial action" through the transfer to the new Bol %rd of the control and management of the State Hospitals and Specfal Schools on September 1, 1949, including the supervisionof those contracts entered into by the Board of Control before September 1, 1949, but whose comple- tion will be beyond such date. SUMMARY House Bill 1, Acts slat Leg,, R,S. 1949, ch, 316 p0 588, transfersas of September 1, 1949, from the Board of Control to the new Board for Texas State Hospitals and Special Schools supervisorypowers over construction and maintenance contractsat certain State institutionsentered Into b the Board of Con- trol before September lo 19c9, but Incomplete on that date@ Very truly yours, ATTORNEY GENERAL OF TEXAS BY T, E, Taulbee TET,rt:gl Aaalstsnt APPROVED: 2L iTLdl4 ATTORNEY GENERAL