Dr. J. E. Peavy Opinion No. M-38
Commissioner of Health
Texas State Dept. of Health Re: Whether S.B. 130, Acts,
Austin, Texas 59th Legislature, 1965,
codified as Art. 4477-12,
transfers to the Texas
State Department of
Health the powers pre-
viously vested in the
Board for Hospitals
and Special Schools by
Art. 6674-t, v.c.s.,
Dear Dr. Peavy: and related question.
By a recent letter you have requested an opinion from
this office, We quote from your letter as follows:
"This Agency has been presented with
several questions as to the scope of authority
provided by Sections 1 and 2 of Senate Bill
130, Acts of the 59th Legislature, 1965,
codified as Article 4477-12, Vernon's Civil
Statutes.
11
. . . .
"We would appreciate your opinion regarding
the following questions:
"1 . Was the effect of Sections 1 and 2
of Senate Bill 130, now codified as Article
4477-12, Vernon's Civil Statutes, to transfer
to the Texas State Department of Health the
powers previously vested In the Board for
Hospitals and Special Schools by Article 6674-t,
Vernon's Civil Statutes?
“2. If your answer to the above question
is In the affirmative, do the words 'construction,
maintenance and repair of roads' Include the
construction and repair of parking lots, alley-
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Dr. J. E. Peavy, Page 2 (M-38)
ways, driveways and walkways?”
House Bill 481, Acts, 32nd Legislature, Regular Ses-
sion, 1951, Chapter 187, pages 309-310, codified as Article
6674t, Vernon’s Civil Statutes, is quoted, in part, as follows:
“Section 1. The Texas State Highway
Department Is hereby authorized and empowered,
upon request of the Board for Texas State
Hospitals and Special Schools ~ . ~ to enter
Into agreements or contracts with the Board
. . .for the construction, maintenance and
repair of roads within any of the Institutions,
hospitals and schools under the control, man-
agement or supervision of the Board . . . .
I,
. . . .
“Section 4, The fact that msny institu-
tions and special schools within this State
require roads and road work and the fact that
roads can be constructed and maintained most
economically and efficientiy by the State
Highway Department . . . .
Under the clear provisions of the above statute, the
Texas Highway Department and the named agencies, including the
Board for Texas State Hospitals and Special Schools, were au-
thorized by the Legislature to contract for purposes of constructing
and maintaining roads within the boundaries of all the schools and
Institutions and hospitals under control of the named agencies.
Attorney General’s Opinion No. S-102 (1953). The obvious purpose
of this legislation was to allow the named agencies to turn over
to the Texas Highway Department the duty of efficiently construct-
ing and maintaining roads upon the various state properties, and
thus result in saving of money to the state.
By Senate Bill 130, Acts 59th Legislature, Regular
Session, 1965, chapter 51, page 124, codified as Article 4477-12,
Vernon’s Civil Statutes, the Legislature transferred from the
Board for State Hospitals and Special Schools to the State Health
Department the responsibility for the care of tuberculosis patients
and tuberculosis hospitals throughout the state. Section 1 of
Article 4477-12 is quoted, In part, as follows:
“Section 1. a . .From and after Sept-
ember 1, 1965, the custody, control, mainten-
ance and operation of all tuberculosis hospitals
maintained by the State of Texas shall be under
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Dr. J. E. Peavy, page 3 (M-38)
the jurisdiction and control of the State
Board of Health . , . .'
The Board for State Hoapltals and Special Schools no
longer exists. The State Board of Health has taken over the
duties of the state tuberculosis hospitals. Attorney General's
Opinion No. C-489 (1965). The remaining duties of the Board
for State Hospitals and Special Schools were assumed by the
Texas Department of Mental Health and Mental Retardation,
Articles 5547-202, et seq., Vernon's Civil Statutes.
In answer to your first question, It Is our opinion
that the authority to contract between the Texas Highway Depart-
ment and the Board for State Hospitals and Special Schools as
authorized by Article 6674t.,was transferred to the State Board
of Health by Article 4477-12 as far as state tuberculosis hospitals
are concerned.
Your opinion request refers to Article 4413(12), Ver-
non's Civil Statutes. This trtlcle commonly known as The
Interagency Cooperation Act, was enacted in 1953, or two years
subsequent to Article 6674t. Section 3 of the Interagency Coopera-
tion Act states: "Provided, however, nothing herein shall authorize
any agency to construct any highway, street, road, or other bulld-
ing or structure for any other agency, except as otherwise speclfi-
tally authorlzed by existing law, and, except . . .'I
It is our opinion that Article 4413(32) does not negate
the authority conferred by Article 6674t due to the fact that
Article 6674t was an existing law at the time of enactment of
Article b&13(32).
Your second question asks whether our Interpretation
of the term "construction, maintenance and repair of roads"
Includes construction and repair of parking lots, alleyways,
driveways, and walkways. We believe that it was the Intent of
the Legislature, as shown by Section 4 of Article 6674t, that the
named agencies could contract with the Texas Highway Department
to handle the roadways of the various hospitals and Institutions,
and that this term was to be given Its broadest meaning.
Webster's New International Dictionary 2nd Edition,
defines road as:
"A place where one may ride; an open
way or public passage, for vehicles, person,
and animals . . .forming a means ofticommunica-
tion between one place and another.
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Dr. J. E. Peavy, page 4 (M-38) .”
It Is our opinion that the language "construction,
maintenance and repair of roads" should be construed to Include
the construction and repair of the Items covered by your second
question. Attorney General's Opinion No. S-105 (1953).
SUMMARY
Section 1 of Article 4477-12, Vernon's
Civil Statutes, transferred to the Texas Health
Department the power to contract with the Texas
State Highway Department, previously given to
the Board for Texas State Hospitals and Special
Schools by Article 6674t, Vernon's Civil Statutes,
as far as such power relates to the state tuber-
culosls hospitals,
The term 'construction, maintenance and re-
pair of roads" as contained In Section 1 of Article
6674t, Vernon's Civil Statutes, is to be given a
liberal Interpretation as intended by Section 4 of
Article 6674t.
u
Prepared by James C. McCoy
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Hawthorne Phillips, Chairman
W. V. Geppert, Co-Chairman
John Reeves
Malcolm Quick
Robert Flowers
John Banks
STAFF LEGALASSISTANT:
A. J. Carubbi, Jr.
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