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