September 3, 1957
Honorable Raymond W. Vowel1
Acting Executive Director
Board for Texas State Hospitals
and Special Schools
Box S, Capitol Station
Austin, Texas
Opinion No. WW-253
Re: The validity of the appro-
priation to the Board for
Texas State Hospitals and
Special Schools of moneys
collected for the care and
treatment of patients at
out-patient clinics estab-
lished pursuant to the pro-
visions of Article 317&b-4,
Dear Mr. Vowell: Vernon's Civil Statutes.
You have requested an opinion on the validity of
the rider in House Bill 13 , Acts of the 55th Legislature
(General AppropriationAct3 for the fiscal years ending August
31, 1958 and August 31, 1959, which rider provides:
"The Board for Texas State Hospitals and
Special Schools is authorized to charge at
out-patientfacilities designatedabove for
treatment and medication to patients treated
an out-patientbasis not to exceed the daily
charge for hospitalizationin state instltu-
tions. An additional charge may be made for
medication dispensed to patients not to ex-
ceed the cost to the State.
"Proceedsfrom the sale of medication and
treatment are hereby reappropriatedto the
out-patient clinics for 'Other Operating Ex-
penses'."
House Bill 169, Acts of the 55th Legislature,Regu-
lar Session 1957, ch. 427, p. 1280, codified in Vernon's as
Article 3174b-4, authorizes the establishmentof out-patient
clinics. Section 6 of House Bill 169 provides:
‘ . ,-. .
Honorable Raymond W. Vowell, page 2 (WW-253)
"Upon the completionof the buildings and
facilities for either or both of said research
hospital or the larger separate mental hospital,
the Board for Texas State Hospitals and Special
Schools shall appoint such personnel as are nec-
essary to operate and maJ.ntalnsuch hospital and
clinic and to adequately treat such patients as
are admitted, within the limits of legislative
appropriations. The Board for Texas State Hos-
pitals and Snecial Schools shall admit oatients
to the area br community hospital and shall pro-
vide for their care and maintenanceunder the same
applicable laws, rules and regulationsas govern
the admission and care of mentally ill persons
provided for In the General Laws of th State of
Texas governing institutionsfor the ck?e of the
mentally ill, The out-patient clinic shall be
operated under such rules and regulationsas the
Board may promulgate.
"The Board for Texas State Hospitals and
Special Schools is hereby authorized,in its
discretion,to operate and maintain such hos-
pital and clinic as a part of such other hos-
pital as may be constructedor operated by the
Board.' (Emphasisours)
Article 3196a, Vernon's Civil Statutes,provides for
the admission and care of mentally ill persons and authorizes
the Hospital Board to charge relatives and guardians of the es-
tate of mentally ill patients for the care and treatment of such
patients.
The above quoted rider of the appropriationto the
Hospital Board constitutesan appropriationof the moneys col-
lected pursuant to the provisions of Seetfon 6 of House Bill
169, Acts of the 55th Legislature,Regular Session, 1957, ch.
427, p. 1280, and Article 3196a, Vernon's Civil Statutes.
You are,therefore,advisedthat the rider in ques-
tion is valid and is supportedby pre-existingLaw. Therefore,
the moneys collectedpursuant to the provisions of Section 6 of
Article 3174b-bareappropriatedto out-patientclinics for
other operating expenses.
Honorable Raymond W. Vowell, page 3 b-W-253)
SUMMARY
The Rider contained in the appro-
priation to the Board for Texas
State Hospitals and Special Schools
in House Bill 133 Acts of the 55th
Legislature,Regular Session, 1957,
(General AppropriationAct) appro-
priating moneys collected for the
treatment and medication to patients
of out-patientclinics as provided
for in Section 6 of Article 317&b-4,
Vernon's Civil Statutes, is valid and
such money is appropriatedfor other
operating expenses for out-patient
clinics establishedby the provisions
of Article 3174b-4, Vernon's Civil
Statutes.
Yours very truly,
WILL WILSON
Attorney General of Texas
John Reeves
JR:zt
APPROVED:
OPINION COMMITTEE
H. Grady Chandler, Chairman
Howard Mays
James W. Wilson
Sam Lane
REVIEWED FOR THE ATTORNEY GENRRAL
BY:
Geo. P. Blackburn