Mr. Jess M. Irwin, Jr. Opinion No. C-770
Executive Director, Texas
Department of Mental Health Re: An interagency contract
and Mental Retardation between the Mental Health
Austin, Texas and Mental Retardation
Department or an insti-
tution under its control
and the Texas Education
Agency for the stated
Dear Ur. Irwin8 purposes.
Your request for an opinion reads as follows:
"Pursuant to authority contained in Article IV,
Section 1, H.B. 12, Acts, 59th Legislature, Regular
Session, 1965, (appropriations), the Texas Education
Agency proposes through their Vocational Rehabilitation
Division to make an interagency contract with this De-
partment, or an institution under its control and msnage-
ment, whereby they will pay $150.00 per month to the
Department or institution for each mental retardate
under the Department's control and supervision, who
shall be furloughed to a half-way house to be rehabil-
itated to the end that he or she may become self suf-
ficient in open society. The fulfillment of such a
contract would require the Department, or institution,
to rent or lease or possibly accept as a gift from
private sources a facility (usually a large dwelling
house) suitable to house the retardates selected
for rehabilitation. These costs and other necessary
expenses will be borne from the payments msae by
the Texas Education Agency.
Wherefore, your opinion and aavice as to the following
question is respectfully requested:
"May this Department, or an institution under
its control and management, enter into such an
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Mr. Jess M. Irwin, page 2 (C-770)
interagency contract with the Texas Education Agency
for the purpose stated, bearing in mind that such
a contract would require this Department or an
institution under its control and management tar
*(a) Rent, lease or accept as a giEt a suit-
able privately owned facility in which to carry on
the rehabilitation program:
"(b) Be fully responsible for the operation,
management and control of the half-way house re-
habilitation activity?"
Monies are specifically appropriated to the Central
Education Agency for vocational rehabilitation by the provisions
of Section 1 of Article IV of H.B. 12, Acts of the 59th Legis-
lature, Regular Session, (General Appropriation Act). Further-
more, the Legislature has made various appropriations to the
Board of Mental Health and Mental Retardation for the care and
treatment of the mental retardate.
Section 2.21 of Article 5547-202, Vernon's Civil
Statutes, an Act creating the Texas Department of Mental Health
and Mental Retardation provides:
"At the request of the Department, all depsrt-
ments and agencies ana all officers ana employees
of the state shall cooperate with the Department
in activities consistent with their functigns. This
does not require other departments and agencies to
serve the Department in activities inconsistent
with their functions or with the authority of
their offices or with the laws of this state govern-
ing their activities."
Section 3 of Article 4413(32), Vernon's Civil Statutes,
provides in part:
*Any State agency msy enter into and perform
a written agreement or contract~with other agencies
of the State for furnishing necessary and autho-
rized special or technical services, including the
services of employees, the services of materials,
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Mr. Jess W. Irwin, page 3 (c-770)
or the services of equipment.*'
In view of the foregoing provisions, and in view of
the fact that the Central Education Agency and the Texas Depart-
ment of Mental Health and Mental Retardation have similiar
duties relating to the vocational rehabilitation of the mental
retardate, it is our opinion that the two agencies have the
authority to make and enter into aninteragency contract for
the purpose of providing facilities necessary to carry out
the rehabilitation program as outlined in your request.
SUMMARY
The Central Education Agency and the Mental
Health and Mental Retardation Department has the
authority to enter into an interagency contract
whereby the Texas'Education Agency, through their
Vocational Rehabilitation Division will pay $150.00
per month to the Texas Department of Mental Health
and Mental Retardation for each mental retardate
under the Depertment's control and supervision who
shall be furloughed to a half-way house to be re-
habilitated in accordance with the rehabilitation
program of the Texas Department of Mental Health
and BlentalRetardation.
Very truly yours,
WAGGONER CARR
Attorney General of Texas
By:
iqohn Reeves
Assistant Attorney General
JRtmh:ra
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Mr. Jess M. Irwin, page 4 (C-770)
APPRWED:
OPINION CWITTEE
W. V. Geppert, Chairmsn
Pat Bailey
Malcolm Quick
Roger Tyler
Paul Phy
APPRWED FOR THE ATTORNEX GENERAL
BY: T. B. Wright
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