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&State of QCexas
DAN MORALES
ATTORNEY
GENERAL April 15, 1991
Mr. Dermis R. Jones Opinion No. DM-15
Commissioner
Texas Department of Mental Health Re: Whether the Department of Mental
and Mental Retardation Health and Mental Retardation may use
P. 0. Box 12668 certain funds to make architectural modifi-
Austin, Texas 78711-2668 cations to the private homes of its clients
(RQ-2106)
Dear Mr. Jones:
You ask whether the Department of Mental Health and Mental Retardation
(hereinafter, the “department”) may use state-appropriated funds, other than those
appropnated to admlmster arncle 5547-205, V.T.C.S., to make architectural modifi-
cations to the private homes of persons served by the department.
Section 5.04 of article 5547-205 provides, in part:
(a) The department shall provide support to clients to
compensate the clients for present and future expenses incurred
to maintain in the community a mentally disabled family
member or a mentally disabled person in an independent living
situation, including:
(1) the purchase or lease of special equipment or
architectural modifications of a home to improve or facilitate
the care, treatment, therapy, general living conditions, or access
of a mentally disabled person;
. .. .
(d) Notwithstanding any other provision of this article, the
duty of the department to provide services under this article is
determined and limited by the funds specifically appropriated to
administer this article.
p. 69
Mr. Dennis R. Jones - Page 2 ( DM- 15 )
You do not advise that there is any other statute that authorizes or directs
the department to make architectural improvements to the homes of mentally
disabled persons, nor are we aware of any. You refer us to your enabling legislation,
specifically section 1.01(d) of article 5547-201, V.T.C.S. That section expresses the
policy of the state “that mental health and mental retardation services be the
responsibility of local agencies and organizations to the greatest extent possible.”
However, this section also provides that the “department will provide state-
administered mental health and mental retardation services.” We think that this
general provision is intended to establish that the department is the state agency
responsible for providing services at the state level, and not as a general grant of
authority to provide services not otherwise authorized by law. Accordingly, the
department may not use funds other than those appropriated to administer article
5547-205 to make architectural modifications to the private homes of persons served
by the department.
SUMMARY
The Department of Mental Health and Mental Retarda-
tion may not use funds other than those appropriated to
administer article 5547-205, V.T.C.S., to make architectural
modifications to the private homes of persons served by the
department.
Very truly yours,
bd? /%Ld$
DAN MORALES
Attorney General of Texas
WILL PRYOR
First Assistant Attorney General
MARY KELLER
Executive Assistant Attorney General
JUDGE ZOLLJE STEARLRY (Ret.)
Special Assistant Attorney General
p. 70
Mr. Dennis R. Jones - Page 3 ( DM-15 1
RENEAMcKS
Spezial Assistant Attorney General
MADELEINE B. JOHNSON
Chair, Opinion Committee
Prepared by John Steiner
Assistant Attorney General
p. 71