December 20, 1957
Honorable Raymond W. Vowel1 Opinion No. WW-329
Acting Executive Director
Board for Texas State Hospitals Re: Were the appropriations
and Special Schools' under Article II, House
Austin, Texas Bill 133, Acts, 55th
Legislature, R.S., 1957,
pages 908-911, made to
the Board for Texas
State Hospitals and
Special Schools Central
Office or made directly
to the institutions
Dear Mr. Vowell: concerned?
You have requested our opinion on whether the appro-
priations for major repairs, rehabilitation and replacement of
buildings, found in House Bill 133, Acts, 55th Legislature, R.S.
1957, Chapter 385, pages 908-911, were made to the Individual
institution concerned, or to the Board for Texas State Hos-
pitals and Special Schools Central Office.
Under.the heading "State Hospitals and Special
Schools Building Program", Acts, 55th Legislature, R.S. 1957,
Chapter 385, page 908, the Legislature has prefaced the major
repairs, rehabilitation and replacements appropriations as
follows:
"There is hereby reappropriated to the Board
for Texas State Hospitals and Special Schools for
each of the fiscal years of the biennium covered
by this appropriation, any unexpended balances
remaining in the State Hospitals Building Fund
appropriated by H.B. No. 111, Chapter 81, Acts,
Fifty-third Le islature, Regular Session, 1953,
and H.B. No. 18 0, Acts, Fifty-fourth Legislature,
Regular Session, 1955, including accrued Interest,
for the payment of expenses of architectural and
engineering plans, the construction and equipment
of new buildings, the repair and rehabilitation
of buildings, the employment of construction
project Inspectors, mechanics and laborers as
may be necessary, to pay travel expenses for such
construction project supervisors only, and to pay
Honorable Raymond W. Vowell, Page 2 (WW-329)
all claims against the prior appropriation of
these funds which are now barred or may be barred
by the operation of Article 4357, Revised Civil
Statutes.
"The Board for Texas State Hospitals and Special
Schools, In carrying out the construction, repair,
and rehabilitation program as authorized by this Act,
Is hereby authorized to use such aums as may be nec-
essary for the paymentof expenses of architectural
and enginee,ringplans, the construction and equipment
of new buildings, the repair and rehabilitation of
buildings, to employ construction project inspectors,
mechanics and laborers as may be necessary, and to
pay travel expenses for such construction project
supervisors.only, from moneys appropriated by this
Act. Wages'for labor shall not exceed the prevailing
wage scale In the locality where the work is done.
"There is hereby appropriated out of the General
Revenue Fund the following amounts for major repairs,
rehabilitation, building replacements and new construc-
tion; provided, however, that if the 55th Legislature
should enact a law allocating cigarette tax revenues
or a portion thereof to the State Hospital Building
Fund, then the appropriations specified below shall be
made from said Hospital Building Fund pursuant to such
law instead of from the General Revenue Fund:"
At the end of the appropriations for major repairs,
rehabilitation and replacements, on page 911 is found the
following expression of Legislative intent, which reads:
"It is hereby declared to be the Legislative
intent that the appropriations listed above for
major repairs, rehabilitation and replacement, and
for new construction of buildings shall be expended
as nearly as practicable in the manner specified;
however, the Board for Texas State Hospitals and
Special Schools is authorized to transfer such
amounts as it deems necessary from one appropriation
item to another for repairs, rehabilitation, replace-
ments, or new construction with the approval of the
Governor after obtaining the advice of the Legis-
lative Budget Board.
Honorable Raymond W. Vowell, Page 3 (WW-329).
'Any unexpended balances in such appropriation
items may be used for other needed repairs, replace-
ments or new construction. The unexpended balances
as of August 31, 1958 are hereby reappropriated for
major repairs, rehabilitation, replacement or new
construction during the fiscal year beginning Sept-
ember 1, 1958."
The above quoted provisions all make reference to the
Board for Texas State Hospitals and Special Schools and its
authority over expenditures of these funds. The Legislature
even declared its intent that the Board for Texas State Hos-
pitals and Special Schools can transfer funds from one line
Item to another for repairs, rehabilitation, replacements or
new construction when approved by the Governor. The portion
of the statute providing for the advice of the Legislative
Budget Board,cannot be a condition precedent to or in any
way ,a condition of approval b the Governor. See Attorney
General's Opinion Number WW-2iti
2 (1957) wherein It was stated:
"The main duties and functions~of the Legis-
lature is to enact laws, while one of the main
duties of the Executive is to put the laws into
effect and supervise their execution. Under the,
doctrine of the separation and division of powers
those two functions should be kept separate with
a sharp line of demarcation between them."
It is, therefore, our opinion that the funds were
appropriated to the Board for Texas State Hospitals and Special
SchoolsCentral Offic,e,to be expended as nearly as practicable
as set out in the line items for the various institutions.
SUMMARY
The appropriations for major repairs,
rehabilitation and replacements, in House
Bill 133, Acts 55th Legislature, Regular
Session, 1957, pages 908-911, are made to
the Board for Texas State Hospitals and
Honorable Raymond W. Vowell, Page 4 (W-329)
Special Schools Central Office, rather
than the various institutions designated
In the line items.
Very truly yours,
WILL WILSON
Assistant
GC:pf
APPROVED:
OPINION COMMITTEE
Geo. P. Blackburn, Chairman
J. C. Davis, Jr.
John Reeves
Leonard Passmore
W. V. Geppert
REVIEWED FOR THE ATTORNEY GENERAL
By: James N. Ludlum.