DocketNumber： WW-433
Judges： Will Wilson
Filed Date： 7/2/1958
Status： Precedential
Modified Date： 2/18/2017
Honorable Raymond W. Vowel1 Acting ExeolltiveMreator Board for Texas State Hospl- tals and Special Schools Austin, Texas Oplnlon No. WW-433 Re: Does the Legislaturehave the power to appropriate money for the purposes and privileges set forth In Subsection c, Article II, House Bill 133, Acts of the 55th Legislatureand rela- Dear'Mr. Voweli: ted questions. You have submit&d three questlons'forour opinion. We uote from your letters of February 27, 1958, and March 11, 1951 : "Sub-Sectionc, Article II, House Bill 133 (appropriations);Acts of the.55th Legislature, provides as fol$ows: “‘C. At the dlscretidn of the respective govknlng boards; etiployees may be allowed a reasonable time without loss of salary to attend recognized schools, clinics, or conferences,for training purposes.. Any regular registrationfee may be pald.out of appropriatedfunds. No funds herein appropriatedmay be expended for trans- portation, meals or lodging for personnel attend- ing schools, clinics, or conferenceswhen leave from regular duty exceeds 15 calendar days. Funds ,approprlatedIn this Article may be used for other training of personnel when such train- .lng is deemed necessary by the rea ective governing boards.! (Emphasisadded7 !'Fursuant ,toauthorfty oontalned in this pro- vision, Preston R. Harrison, M.D., who was then : Honorable$aymond W. Vowell, Page 2 (WW-433).. Clinical Director at the Big Spring State Hospital, made applicationto the Mennlnger Foundation, Topeka, Kansas, to attend their School of Mental Hospital Admlnlstratlon~ After being Interviewed by the offlolals In charge of that course at the Menninger Foundation,Dr. Harrison was accepted as a person qualified to attend the,sahool. Dr. Harrison had been a member of the medLca1 ,staffat Big Spring State Hospital since July.1, 1953 and served that InstitutionIn the.capacltyof Acting Clinical Director from July 1, 1953 to Aprll.l,.lg~, from April 1, 1956 to~May.1, 1957 as Clinical Mrector, and.from May 1, 1957 to September 1, 1957 as Aotlng Superintendent,at whlah time he reported to the Mennlnger Foundation to attend the school. During his attendanoeat this school, he has.been aarrled on the payroll as Clinical Mrec- toy at Big Spring State Hospital and his family 'has oacupled the residence furnished him by that hospital as emolumentsof his office. The school Is to last for nine continuousmonths. The State Hospital Board's purpose In al.lowlng.Dr.Harrison to attend this school was to prepare him for the position of Superintendentof the Big Spring State Hospital,he being imminentlyqualified for that position In all respeats except administratively." "At Its meeting on'Mond&y;March 'IO,1958, the Board for Texas State Hdspltals and Special Schools granted Dr. Harrison a leave of absence without pay from February 1, 1958 through May 31, 1958. II. . . "1. Does the Legislaturehave the power to appropriatemoney for the purposes and privileges set forth In Sub-section.c, Article II, House Bill 133, Aats of the 55th Legislature? "2. If your answer to quest1on.i.abovels'ln the affirmative,then Is payment of this salary for the period of time from Sep- tember 1, 1957 through January '31,1958 a reasonabletime as contemplatedby Sub-sectionc, Article II, House Bill 133, Acts, 55th Legislature? Honorable Raymond W. Vowell, Page 3 (W-433). "3.~If your answer to question 2 above Is In the affirmative,Is there any legal ~lmpedlmentto Dr. Harrison receiving the emoluments that go with the salary of his office during the aforementioned period of time?" The answer to your first question Is governed by the application of Section 51 of Article III of the Texas Con- stitution,which Is as follows: "The Legislature shall have no power to make any grant of public moneys to any Individual, association of individuals,mun$lpal or other corporationswhatsoever; . . . It Is apparent that the above Article prohibits the Legislature~fromgranting or appropriatingpublic money to any individual,associationof individuals,municipal or other corporations. However, the.Texas aourts have Interpreted SeOtion 51, .ArtlcleIII, as not preventing the Legislature from appropriatingState funds to an Individual,association of individuals,municipal or other corporationsIf the use and . purpose of the appropriationIs for the furtheranceof the governmentalduties of the State. If the appropriationIs for 8~use not related to State governmentalduties and functions, such appropriationIs a gratuity and Invalid. Bexar County'v. Linden,110 Tex. 339
, 220.S.W. 760 (1920); Road~Mstrlot.No. wlby Co. v. Allred,68 S.W.2d 164
(Comm.App.,1934) opinion adopted by the Supreme Court; City of Aransaa PaLa v. ````d``~8;-````;Lp~2 ~1;;,33~p~;``;‘;,$;;~ ;;. ~;~?=’ preme Court;~Texas PharmaieuticaiAssociationv. Dooley,90 S.W.2d 328
(Tex.Civ.App.;19 6); ,JeffersonCo. v. Board of Co. & Dlst. Road Indebtedness,1 2 S.k.2d 906 (1944). Accordingly,to the extent that the authorization for the expenditureof appropr~lated funds for personnel to attend schools, clinics and conferences,eta., for training purposes Is directly and substantiallyrelated.to the perform- ance of the State's governmentalfunctions,we hold Subsection c Article II, House.Blll 133, Acts 55th Legislature,Chapter 365, page 870, to be authorizedby.the Texas Constitution. A llmltatlonon the Act Imposed by the provisions of Section 51, Article III, of the Texas Constitution,1s that no governing board may allow State employees and officials to attend schoola, clinlas or conftirences,etc., whloh bear no substantial Honorable Raymond W. Votiell,page .4 (WWL433).. and dire& relation to the governmentalduties of the State. : ,, ..~ In order 'forus to further 'hewer your opinion re- quest questions 2 Andy3;it: la necessary to apply the above constitutionallimitationto the fact situation that you have presented and determine If the training in question Is for the furtheranae of the governmentalduties of the Board for Texas State Hospitals and SpecIaLSchools. .. In reviewingpast Attorney General's Opinions on the same question of training of governmentalpersonnel, It Is noted.that .the.followlng rules have been consistently applied to determinewhether the training was such that the State could pay for It. The question-asked.18whether.the training described will be direotly and substantiallyused to facilitate the governmentalduties and funotlons of the State agenay requesting auah training. .Also;. do.~the:faataestab- llsh~that there.18 a reasonable, substantialand direot rela-. tlonahlp between the:purpose,ofthe tralnltigand the ~aocomplllsh- ment of the governmentalfunctions entrusted to the.employee? (Attorney.4eneral's Opinion No.'``-83, April 1, 1957, Insurance Commiaalon~employee training at I.B.M. sahool, 2-week course;' Attorney General's Opinion-No; WW-223, September 12,'1957, Department of.Pub110 Safety 'employeepilot training in flight prof%cien.cytrainin PrOgrPmj Attorney'General's Opinion'No. S-209, July 20, 1958 , Secretary of State employee training at I.B.M. school.,b-day course; Attorney General's Opinion No. ~-2128; Departmentof Publla Safety employee training in Police Administrationat NorthwesternUnlversfty,4&month.~course). In applying the above,rules'to the faat situation that you have presented, It Is our oplnlon.thatthe training provided Dr. Harrison will be directly and substantiallyused to facilitate the administrat,lonof the governmentalduties of the Board for Texaa~State Hospitals ana Special Schools. As you have stated In your letter, the purpose of sending Dr. Harrison to the Mennlnger Foundationwas.to ,recelvea course in Mental Hospital Administrationand that the purpose of such training was to better enable Dr. Harrison to carry out the duties of administratorof the Big Spring State Hospital. The efficient administrationof the Big Spring State Hospital In receiving,treatlng~and caring forthe mentally Ill people of Texas Is a governmentalduty.~andfunction of the Board for. Texas State Hospitals and Special Schools. The training in question.,Mental Hospital Administration,bears a reasonable, substantialand.dlrect relationshipto such governmental duties and functions. .It~la.our'further opinion that the +; Honorable Raymond W. Vowell, Page 5 (WW7433). period of training from September lj 1957, through January 31, 1958, Is a reasonabletime within .themeaning of Subsectionc, Article II, House Bill 133, .Aatsof,the 55th Legislature. Therefore, In anawer..toyour questions 2 and 3, it is our opln- Ion that Dr. Harrlson~lsauthorized by Subseotlonc, Article II, House Bill 133, Acts of the 55th Legislature,to receive payment of his salary and all emoluments that go with the salary during the period of time from September 1, 1957, through January 31, 1958; and such payment la not In violation of Section 51, Article III, Texas Constitution. SUMMARY Subsection a, Article ?I, House Bill 133, Acts 55th Legislature, Regular Session, 1957, to the extent this Seation purports to authorize training and schooling of State offlolala and employees of a nature directly related to the performance of the State's governmentalduties, Ia a valid grant, and Is constitutional under the provisions of Section 51 of Article III of the Texas Constitution;but to the extent It purports to authorize school- ing not directly and substan- tially related to the performance of the State's governmental duties, Is unconstitutionalunder the provisions of Sedtion 51, Article III of the Texas Constltu- tlon. Under the facts submitted, the training of Dr. Preston E. Harrison In the course of Mental Hospital Administrationat the Mennlnger Foundation, Topeka, Kansas, Is related substantially and directly to the performance of the State's governmentalduties, and pa$ment of his salary and receipt of all emoluments that go with the salary of his office for -- Honorable Raymond W. Vowell, Page 6 (WW-433). the period of time from Septem- ber 1, 1957, through January 31, 1958, are constitutionaland authorizedby the provisions of Subsectionc, Article II, House Bill 133, Acts of the 55th Legislature. Yours very truly, WILL WILSON Attorney General of Texas RBS:pc:jl APPROVED: OPINION COMMITTEE Morgan Nesbltt, Chairman Lawrence Jones Wallace 'Finfrock REVIEWED FORTHE ATTORNEYGENERAL BY: J. C. Davis, Jr.