AUSTIN. Tex~n~78711
May 7, 1976
The Honorable Kenneth Gaver, M.D. Opinion No. Ii-819
Commissioner
Texas Department of Mental Re: Does "institutions"
Health & Mental Retardation as used in appropriation
P. 0. Box 12668, Capitol...Station item include MIiMR "Central
Austin, Texas 78711 Office."
Dear Commissioner Gaver:
You ask:
Under the provisions of the current
Appropriations Bill does the Texas
Board of Mental Heal.thand Mental
Retardation have the authority to
allocate funds from the Reserve Fund
of the Texas Department of Mental
Health and Mental Retardation to the
Central Office.of this Department for
emergency pi&poses and for equipment,
repairs, replacements and/or new
construction7
The relevant portion of the General Appropriations Act,
Acts 1975, 64th Leg.,.ch. 743 at 2417, 2463, provides:
RESERVE FUND
For the Years Ending
Auq. 31, Auq. 31,
Out of the General 1976 1977
Revenue Fund:
p. 3457
The Honorable Kenneth Gaver, M.D. - Paqe 2 (H-819)
There is hereby appro-
priated to the Board of
Mental Health and Mental
Retardation, for alloca-
tion by said Board to
institutioiZ
Eisfs j urlsdlction
for em=ency purposes
and for equipment,
repairs, replacements
and/or new construction,
the following amounts $500,000 $500,000
& U.B.
(Emphasis added).
The issue presented by your request is whether the
Central Office of the Texas Department of Mental Health and
Mental Retardation is an "institution" under the jurisdiction,
of the Board of Mental Health and Mental Retardation for
purposes of the Appropriations Act provision quoted above.
We have examined the portions of the Appropriations Act
which relate to the Department of Mental Health and Mental
Retardation to ascertain the meaning intended by the use of
the word institution. We were able to ascertain no consistent
use of the word which would necessarily exclude the central
office from its ambit. On the other hand, there are at least
two statutory provisions which suggest that the central
office is included in the term institution.
The composition of the Texas Department of Mental Health
and Mental Retardation is established by article 5547-202,
V.T.C.S. Section 2.01 of that statute reads in part:
The Texas Department of Mental Health
and Mental Retardation shall consist of
a Texas Board of Mental Health and Mental
Retardation, a Commissioner of Mental
Health and Mental Retardation, a Deputy
Commissioner for Mental Health Services,
a Deputy Commissioner for Mental Retarda-
tion Services, a staff under the direction
p. 3458
The Honorable Kenneth Gaver, M.D. - page 3 (H-820)
of the Commissioner and the .Deputy Cormnis-
sioners, and the following facilities and.
institutions,toqether with such additional
P ilities and institutions as may.here-
az:er by law be made a part of the Department:
(1) the Central Office of the
Department:
. . . .
[29 other facilities and institutions
are listed]. (Emphasis added).
A rider to the General Appropriations Act, Acts 1975,
64th Leg., ch. 743 at 2417, 2513, provides in part:
C. UNEXPENDED BALANCES. (1) All unexpended
balances not otherwise restricted and
remaining in the respective appropriation
items in the Department of Health Resources,
or Department of Mental Health and Mental
Retardation, at the close of the fiscal year
ending August 31, 1976, are hereby reappropri-
ated to the agencies covered by this Section
for the fiscal year beginning September 1, 1976,
and may be allocated to 9 institution or
awncy, other than the central offices aiia
Community Mental Health and.Mental Retardation
Centers, under the respective agencies to be
expended for such purposes as are approved by
the respective,qoverninq boards . . . .
(Emphasis added).
In this instance, the Legislature refers in the Appropri-
ations Act to “any institution or agency, other than the
central office" and refers in the statute creating the
Department to "facilities and institutions" as including the
central office. In light of the absence of any clear indica-
tion that the central office is not an institution under the
jurisdiction of the Department of Mental Health and Mental
Retardation and in light of the two suggestions that the
central office is included in that term, it is our opinion
that the Department of Mental Health and Mental Retardation
may allocate money out of the Reserve Fund appropriation to
the central office for the purposes enumerated in that
appropriation.
p. 3459
The Honorable Kenneth Gaver, M.D. - page 4 (H-820)
SUMMARY
The Department of Mental Health and
Mental Retardation may allocate money
to its central office from the Reserve
Fund.
Very ,trulyyours,
Attorney General of Texas
APPROVED:
Opinion Committee
jwb
p. 3460