Et GENERAL
March 3, 1970
Honorable John Kinross-Wright Opinion No. M-589
Commissioner
Texas Department of Mental Health Re: Authority of the Texas
and Mental Retardation Department of Mental
Box S, Capitol Station Health and Mental Re-
Austin, Texas 78711 tardation to use the
appropriation for salaries
of classified positions
in payment of patient or
student assistance and
Dear Dr. Kinross-Wright: rehabilitation contracts.
you have requested our opinion as to whether the
Texas Department of Mental Health and Mental Retardation's
appropriation for salaries of classified positions may be used
in payment of patient or student assistance and rehabilitation
contracts.
Section 18 of Article II of House Bill 2, Acts 61st
Leg. 2nd C,S, 1969 (General Appropriation Act for the biennium
ending August 31, 1971), provides at page 11-45:
"PATIENT OR STUDENT ASSISTANCE. Subject
to the approval and rules and regulations of
the governing boards, patients or students
in any state hospital or special school under
the jurisdiction of the boards, who are as-
sisting in the operation of the institutions
as part of their therapy, may receive qratui-
ties out of any funds available to the respec-
tive institutions in amounts not to exceed
five dollars ($5) per week for each such
student or patient participating."
Subdivision (i) of Section I of Article V of House
Bill 2 provides:
"Notwithstanding other provisions in this
Article which authorize transfer of funds, no
-2807-
.
Dr. John Kinross-Wright, page 2 (M-589)
funds appropriated in this Act for salaries of
classified positions may be transferred unless
the language of this Act specifically authorizes
the transfer of such funds appropriated for
salaries of classified positions."
In view of the provisions of Subdivision (i) of
Section 1 of Article V, above quoted, it is our opinion that
the Texas Department of Mental Health and Mental Retardation
does not have the authority to expend moneys for salaries
of classified positions in payment of patient or student as-
sistance and rehabilitation contracts.
Attorney General's Opinion WW-520 (1958) which
holds
"Funds appropriated to the Board for
Texas State Hospitals and Special Schools as
the item 'medical treatment salaries and
wages' may be used to pay the Central Edu-
cation Agency costs of rehabilitation services
pursuant to an interagency contract"
is not applicable to your request, since the Appropriation Act
in 1957 did not contain provisions similar to Subdivision (i)
of Section 1 of Article V of the current General Appropriation
Act.
SUMMARY
The Texas Department of Mental Health
and Mental Retardation does not have authority
to expend appropriations for salaries of
classified positions in payment of patient
or student assistance rehabilitation contracts
for the reason that Subdivision (i) of Section
1 of Article V, House Bill 2, Acts 61st Leg.
2nd C.S. 1969, specifically prohibits the
transfer of funds appropriated for salaries
of classified positions.
-2808-
Dr. John Kinross-Wright, page 3 (M-589)
Prepared by John Reeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Acting Co-Chairman
2. T. Fortescue
Robert Darden
Jimmy L. White
Scott Garrison
MEADE F. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
-2809-
Untitled Texas Attorney General Opinion
Combined Opinion