Untitled Texas Attorney General Opinion

ORNRY GENERA14 or. Raymond W. Vowel1 Opinion No. ki'W-520 Executive Director Board for Texas State Hos- Re: Whether the cost of rehabili- pitals and Special Schools tation services provided to Box S, Capitol Station institutions under the juris- Austin, Texas diction of the Board for Texas State Hospitals and Special Schools pursuant to interagency contracts, may be paid from the item, f'medical treatment salaries and wages," appropriated by House Bill 133, Acts 55th Legislature, Dear Mr. Vowell: R.S. 1957. We have received your letter dated October 10 1958. You state that the Board for Texas State Hospitals and I;, pecial Schools has an interagency contract with the Central Education Agency for the latter to provide vocational rehabilitation serv- ices to twelve institutions under the jurisdiction of the Board for Texas State Hospitals and Special Schools. You have re- quested an opinion as to whether the Board has the authority to pay for these services from the appropriated item,"medical treatment salaries and wages." The validity and enforceability of these contracts is not in question. House Bill 133 Acts of the 55th Legislature, Regular Session, 1957 Chapter 385, Page 929, which prohibits the 'irans- fer of these 1unds, is quoted as follows: "The amounts appropriated herein for the item of medical treatment salaries and wages for the respective institutions are deemed by the Legislature to be the minimum amounts for such purpose, and none of such moneys are transfer- rable to other appropriation items or institu- tions. . . .I' The Attorney General in Opinion No. WW-229 held that rehabilitation costs may be paid from appropriations for medi- cal treatment salaries and wages. It is the opinion of this office that payments made pursuant to such an interagency con- tract are not a "transfer" within the purview of this Section, Mr. Raymond W. Vowell, page 2 (w- 520) but an expenditure of these funds for the purposes for which they were appropriated and therefore not a violation of the restrictions of this Section. 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 Education Agency costs of rehabilitation services pursuant to an inter- agency contract. Yours very truly, WILL WILSON Ge era1 of Texas , fi / /r- L-I /- A-7 - JLE:ci:wb APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman Houghton Brownlee, Jr. Ernest John Flowers REVIEWED FOR THE ATTORNEY GENERAL BY: W. V. Geppert