Untitled Texas Attorney General Opinion

NE GENERAL., OF TEXAS Hon. James A. Bethea. M. D. Opinion No. S- 102 Executive Director Board for Texas State Hospitals Re: Authority of the Board and Special Schools for Texas State Hospi- Austin, Texas tals and Special Schools to pay the cost of curbs and gutters on city streets adjacent to State institu- Dear Dr. Bethea: tions. You have requested an opinion of this office concern- ing the validity of the payment of costs for curbs and gutters on city streets adjacent to State institutions under your supervision. Articles 3174 and 3174b, Vernon’s Civil Statutes, vest the general control, management and direction of the affairs, prop- erty and business of the institutions named in Section 3 of Article 3174b in the Board for Texas State Hospitals and Special Schools. Rights, privileges, powers and duties incident to this authority in- cluding building, design and construction are also conferred on the Board. It cannot be questioned that the paving of streets adja- cent to State property with companion curbing and gutters is an im- provement to that property. It is equally as certain that the Board’s authority cited above includes the power to so improve the property entrusted to its care if it so desires. Participation in the joint plan with the City of Austin, whereby the Board supplies the cost of in- stallation of curbs and gutters, is within the Board’s discretion. Of course, authority to make the expenditure is subject to appropriation for that purpose. With only minor exceptions, each appropriation for the institutions under the Board for Texas State Hospitals and Spec~ial Schools includes an item for “other operating expenses” and an item for “capital outlay.” (Article II, Chapter 31, Acts 53rd Legislature, 1953, General Appropriation Bill.) Section 3 of that same Article II, Hon. James A. Bethea, M. D., page 2 (S-102) in defining the various line item terms refers to the current clas- sification of accounts by the Comptroller of Public Accounts. In- cluded in both the quoted items above is code group number 5130 which covers among other things “cost of sidewalks, streets and roads.” A balance in either the “other operating expenses” or the “capital outlay” item could be utilized for the proposed expendi- ture. SUMMARY .The Board for State Hospitals and Special Schools has authority to contribute the cost of curbs and gutters as a part of a paving project on city streets adjacent to institutions under the Board’s jurisdiction. APPROVED Yours very truly, Willis E. Gresham JOHN BEN SHEPPERD Public Affairs Division Attorney General John Atchison Reviewer Robert S. Trotti First Assistant John Ben Shepperd Attorney General JFJ:da