Untitled Texas Attorney General Opinion

Hon. Grady Hazlewood, Chairman Senate Finance Committee Austin, Texas Opinion No. C- 38 Re: Assuming no change In exist- ing law, whether the Legls- lature has the authority to make an appropriation to the Board for Texas State Hospi- tals and Special Schools for the stated purposes and Dear Senator Hazlewood: under the stated facts. You have requested the opinion of this office as to whether, assuming no change in existing law, the Legislature has the authority to make an appropriation to the Board for Texas State Hospitals and Special Schools, or to its indivi- dual institutions, from which funds could be paid the neces- sary travel expenses of its employees and of patients, incur- red where such patients are returning to a State Tuberculosis Hospital after having left against medical advice, while in an infectious stage of the disease. Your request Is speclfically~concerned with patients who voluntarily sought Initial admission to a State Tubercu- losis Hospital, who left such State Hospital against medical advice rather than by discharge, who are returned to such State Hospital for further treatment without a quarantine order, and who are residents of Texas. With regard to the question of the authority of then Board for Texas State Hospitals and Special Schools and its Individual instftutions to'hold the patients admitted to Its care without their consent, regardless of their mode of original admittance, this office has previously issued At- torney General's Opinion No. w-896 (1960). The holding of this opinion is reaffirmed and the following is quoted there- from: "It is our opinion that the provisions of the Act to fight and control the disease Hon. Grady Hazlewood, page 2 (c-38) of tuberculosis are clear. While the Tubercu- losis Code provides a method for voluntary admission by persons in a contagious condition with this disease to State hospitals, this does not mean that such persons remain in'these tubercular hospitals as guests and free to leave at their discretion. It is our opinion that the mode of admission to such hospitals Is only ancillary, for only one class of persons are eligible to gain admittance and they~are those who have tuberculosis In an active, con- tagious and communicable state and who cannot be treated safely In the community from which they come. Once these persons are admitted either voluntarily or Involuntarily, ,yourBoard Is charged with the.duty and the responsibility of caring for such persons until such time as they can be pronounced free from this contagious disease." It can thus be seen that once a patient is admitted under the Texas Tuberculosis Code (Article 4477-11, V.C;S.) and remains In an active, contagious and communicable states,it Is the duty of the Board and its Individual hospitals to restrain such persons as securely as possible. In Section 4 of this Code, we find the following statement by the Legislature: "Tuberculosis in a contagious, lnfec- tious, or communicable state Is hereby de- clared to be dangerous to public health." Section 51 of Article III of the Constitution of Texas forbids the Legislature to give or grant any public moneys to any person, It would appear that this section of the Constl- tution would forbid the appropriation of money to pay travel expenses of patients returning to a State Hospital after hav- ing departed therefrom voluntarily. The legislative intent and statement of public pollcy~contained In the Texas Tubercu- losis Code clearly reveals, however, that tuberculosis Is con- sidered to be a serious danger to public health. The Board has, in the final analysis, no choice with respect to obtain- ing the prompt return of such persons to the proper'institution. This is a matter that vitally affects public health, and the expenditure is for a purely governmental purpose, giving public money to an individual only as a mere Incident to the paramount. public pur ose behind the expenditure. State v. City of Austin, 160 Tex. 3E8, 331 S.W.2d 737 (1960). -160- . - Hon. Grady Hazlewood, page 3 (C-9 ) It Is thus the,oplnlon of this office that an appro- priation to provide funds for the travel expense8 of Board employees and of patlenta, ln&arred where such patients are retiu?ned to a State Tuberouloels Hoapltal after .havlng left agalns~‘meaioal advioe, while in an Infectious &age of the dlaea88,~ 18, proper. Such appropriation $a for the purpose of proteotlhg the public against the .dangere of a eerlouely ‘lnfeotloua’ dlee&ae,~and It oannot be eald that the expendl- ture La one that provides an unoonetltutloqal benefit to a private @arson. SUMMARY Under existing law, the Legislature haa the authority to make an appropriation to the Board for Texas State HospltaLs and Special $chools or Its individual lnstltu- tlons, from which fMde oould,be paid. the neoeasary travel expenses of lte employee6 and of patients, incurred where auoh pa- tients are returned. to ‘a State Tubercu-’ loels Hospital after having left against medical advice while In en knfeotlous &a&e of then disease., Such an appropriation does, not ,vlolate the oonstltutlonal.prohlbltlon against .the~pay- ment of State funds to private lndlvlduals, oontalned in Seotlon 51, Artlole III, for the reason that such travel expenses are ln fur- therance of a program neoeaeary to the publio health and welfare. Pours iverytruly, WAGGONER CAM Attornes General Hon. Grady Hazlewood, page 4 (C-38 ) APPROVED: OPINION COWTTEE W. V. Geppert, Chairman Paul Phy Arthur Sandlln J. C. Davis APPROVED FOR TEE A'LTCRNEFGEXEXAL By: Stanton Stone -162-