HBC,~ITORNEY GENERAL
OF EXAS
July 29, 1957
Honorable James K. Giddings Opinion No. m-207
Acting Executive Director
Board for Texas State Hospi- Re: Whether or not House Bill
tals and Special Schools 1.69,Acts 55th Legislature,
Box S, Capitol Station Regular Session, 1957 or
Austin, Texas Qcts 21st Legislature,
1889, chapter 69, page 79
would authorize the con-
struction of an out-
patient facility in San
Dear Mrlr. Giddings: Antonio, Texas.
We quote from your letter of July 9, 1957:
'1. . . we request the opinion of your office
as to whether or not H.B. 169, or the Act origi-
nally authorizing the establishment of the San An-
tonio State Hospital, would authorize the construc-
tion of an out-patient facility in San Qntonio."
The caption and pertinent sections of House Bill 169,
Acts 55th Legislature, Regular Session, 1957, with which this
opinion is concerned, provide in part as followsr
'IAn Bet authorizing out-patient clinics and
* e . for a large mental hospital and for out-
patient clinics. 9 . .
"Section 1. It is the sense of the Legislature
that the,Board for Texas State Hospitals and Special
Schools be authorized to establish such out-patient
clinics for treating the mentally ill as such Board
deems necessary and as funds for their operation are
made available; and . . . .
"Authorization for Out-Patient Clinics
"Section 2. The Board for Texas State Hospi-
tals 'and Special Schools is authorized to establish
out-patient clinics for treatment of the mentally
ill in such locations as deemed necessary by said
Board and as money for their operation shall be made
available. The Board shall acquire facilities, pro-
vide a staff, make rules and regulations, and make
Honorable James A. Giddings, page 2 (WW-207)
contracts with persons, corporations, and agen-
cies of local, state, and federal governments
as shall be necessary for the establishment and
operation of said clinics.
Qst~blishment of Community or Research
Hospitals
“Section 3. . . . The Board . . . shall
designate the city and select a site or sites
therein for the location of said community hos-
pital and out-patient clinic. . . .”
You are advised that House Bill 169, Acts 55th Legis-
lature, Regular Session, 1957, which authorizes,the Board for
Texas State Hospitals and Special Schools to “establish such
out-patient clinics for treating the menatlly ill in such loca-
tions as such Board deems necessary and as funds for their op-
eration are made available ,‘I authorizes the construction of an
out-patient facility in San Antonio, Texas.
House Bill 156, Acts 21st Legislature, 1889, chapter
69, page 79 is entitled, “An Act to provide for the purchase of
a site for, and the establishment, location, and construction
of an asylum in Southwestern Texas for the care and treatment
of the insane, and to make an appropriation therefor,” and in
part reads as follows:
tlSection 1, . o 0 That there shall be es-
tablished and maintained a branch asylum for the
care and treatment of the insane. The same shall
be located west of the Colorado river, in south-
west Texas.”
The Southwestern Insane Asylum located in San Antonio,
Texas was constructed and established in 1892 under the author-
ity granted in the above quoted Act.
Article 3185, Vernon’s’Civil Statutes, enacted in 1925,
changed the name of the Southwestern Insane Asylum to San An-
tonio State Hospital.
We subscribe to the view that the Legislature by the
enactment of House Bill 156, Acts 21st Legislature, 1889, chap-
ter 69, page 79 manifested the intention that the hospital pro-
vided therein should in all respects have such facilities and
perform such services as might be reasonably necessary to ful-
fill the normal functions of such an institution. The Legisla-
ture did not seek to prescribe with exactness the facilities
Honorable James A. Giddings, page 3 (WW-J-207)
to be maintained or the services to be performed by the hospi-
tal. Such questions were wisely left to the sound discretion
of the governing board to be resolved by said board within the
limits of legislative appropriations.
We think it clear that House Bill 156, Act 21st Leg-
islature, 1889, chapter 69, page 79 constitutes a valid pre-
existing law authorizing the construction of out-patient facili-
ties in connection with San Antonio State Hospital. However,
the exercise of such authority by the Board for Texas State Hos-
pitals and Special Schools is necessarily dependent upon the
appropriation of funds for such specific purpose by the Legisla-
ture.
We do not pass upon the availability of funds for the
construction of out-patient clinics since such a question was
not raised in your request.
House Bill 1.56,Acts 21st Legislature, 1889,
chapter 69, page 79 authorizes the construction
of an out-patient facility as a part of San An-
tonio State Hospital San Antonio, Texas. House
Bill 169, Acts 55th legislature, Regular Session,
1957, authorizes the construction of an out-
patient facility in San Antonio, Texas.
Yours very truly,
WILL WILSON
Attorney General of Texas
MRT:wam:wb Assistant
@PROVED:
OPINION COMMITTEE
H. Grady Chandler, Chairman
J. C. Davis, Jr.
Grundy~Williams
Fred Nerkenthin
REVIEWEDFOR THE ATTORNEYGENERAL
BY: Geo. P. Blackburn