Untitled Texas Attorney General Opinion

December 9, 1952 Hon. Larrr 0. Cox O~lnlon No. V-3.547 Executive-Director. Board for Texas State Iios-Re: Necessity for business pitala'.&Special Schools managers of the various Austin, Texas lnatltutlonsunder the Board for Texas State Hospitals and Special SchooIs to approve vouchers for expenditures from the StatesHospitals and Special Schools Build- Dear Sir: -ingFund. ,Youhave requested an opinion of the following question:' "Please advls,ethis office whether the business managers for the~varlouslnstltu- tlons or the Executive Director should initiate and approve vouchers,for payment out of the State Hospitals and Special Schools Building Fund." ~, House Bill 2, Acts 51st Leg., 1st C-S., 1950, ch. 1, pi 1, created the "State Hospitals and Special Schools Building l?und"and appropriated$5;000,000 to the Hospital Board for the purpose of constructing,re- pairing and equipping buildings. Section 1 of Article II of House Bill 426, Acts 52nd Leg., R.S., 1951, ch. 499, p* 1228 (The Gener'Bl AppropriationsAct) contains appropriationsto the various State Hospitals and Special Schools entitled "Maintenance and repairs, out of local funds" and "Capital outlay, Improvementsand equipment,outof, local funds." All other appropriationsto the respective Institutionscon- tained In Section.1 are out of the general revenue fund. Section 26 of Article II of the General Appropriation Act contains the following appropriationat page 1298: Hon. Larry 0. Cox, page 2 (v-1547) .- '(a) There is hereby appropriatedto the Board.for Texas State Hospitals and Special Schools Five Million Dol~ai~~~($5,000,000)for each fiscai year of the ~blemiurnending August 31, 1953. Such funds are to be credited to the State Hospitals and Special Schools Build- ing Fund which Is the sainehospital building fund as provided for in Houqe Bill,No. 2, First Called Session, Fifty-firstLegislature. -Y"From and after September 1, 1951, all balanceseon hand or remairrlngln the State Hospital Fnqd as created-by A@icle XIX, ,House Bill .No.3;:First Called Session of the Fifty- first Legislatureand al? moneys accurlng'to said fund on and after September l,,1951, frolnany and all sources whatsoever are hereby transferredto the GeneraI~RevenueFund. "(3) All funds credited to the State Hospitals and Special Schools Building Fund under this Article are hereby appropriatedto the Board for Texas StateHospItals and Spe- clal Schools for the purpose'~ofarchitectural and:engifieeringplansfi'cpnk%tructlng, repalr- ing and equippingsuch buildings as in the opinloti.dfthe Board are necessary to the proper care of those committed or to be com- mltted'to such.hospltalsand special-sbhools according to law. Provided, however, the fees paid to an architect shall~not exceed six per cent (6$) for the pItis, specIfica=':. tlons and supervisionof constructionof said buildWgs and all constructioncontracts made for,~and the final acceptance In connection with such construction,other thanthe plans and specifications,shallbe subject to the review and approval of the.Eoard of Control. The Board may contract for, and pay plans and specificationsfor any contemplatedconstruc- tion, even though the contract for such lans and specificationsmay be made in one (1P year and the contract for constructionis entered Into the followingyear. Hon. Larry p. Cox, page 3 ~(v-1547) It is hereby declared the intent and ', Pollc;(:~ the Fifty-secondLegislature that the Board shall use such moneys from the State Hospitals and Special Schools BuildingFund'as may be required to repair and rehabilitate existing buildings and facilities." The appro rlations contained in Section 1 of Akkle II (pages 12iO-1282) are specificallymade to the various State Hospitals and Special Schools while the appropriationcontained in Section 26 Is made to the Board for Texas State ,Hospltalsand Special-Schools. The Board for Texas State Hospitals and Special schools was created by House Bill 1, Acts 51st Leg., R.S. 1949, ch. 316, p. 588 (Article 317413,V.C.S.). Section 10'provldes: "The Superintendentof any Institution named herein with the,approvaiof the Execu- tive Director may appoint a business manager who shall receive a salary not to exceed;Slx Thousand Dollars ($6,000).per 'yearand who shall receive the-same emolumentsas the Superlnterdent. The busltiessmanager shall manage the fiscal affairs of the institution, handle all maintenancematters, be responsible for the efficient operation of all auxiliary enterprises,and prepare and submit ,tothe Executive Directorthe estimate of needed'ap- proprlatlonseach biennium. He may have such other.dutlesand powers as 'the-Board for Texas State Hospitals and Special Schools may,by rule and regulation prescribe. He shall give bond In the sum of Twenty-fiveThousand Dol- lars ($25~000)payable to the State of'Texas conditioneduuon the faithful derformarice of Hon. La&y 0. Cox, page 4 (V-1547) It Is noted that the underlined portion of Article 3174b Is strictly limited to'the "appropriated funds of the institutions"and does not apply to funds appropriatedto the Hospital Board. Since the Board for Texas State Hospitals and Special ~SchoolsIs the only agency of the State authortied to expend~ploneyout of the Hospital Building Fund, It Is our opinion that the appropriationcontained In Section 26 of Article II of thenGeneral AppropriationAct does not constitute "appropriatedfunds of the institutions". within the meaning of Section A0 of Article 3174b, V.C.S. -Section1,of Article 6252-5, V.C,S., provides: "All expendituresof funds appropriated to the~qarlousboards, bureaus, commlsslons and other-agenciesof the.State of Texas nor in existence,or hemafter created shall be made Sf order of the governing bo,dythereof and tfie.same shall be’pa%bjr warrants drawn by the-Comptrollerof Public Accounts on vouchers approved,by the chzi$man or presl- dent bf the governing body or by an executive officer, official or .empJoyeeof such board, buregu, commlsslonoreother agency desi,gnated ,bythe governingbody by or~derentered on Its minutes, lf any, and countersignedby the secretary or an executive officer or official deslgilated by the governing body by order etkered on its minutes, if any. A certified copy of any such order ktered pursuant to the provisions of this Section designating an officer,.officialor employee to approve and execute or to countersignvouchem, together with a slgnature’cardof the person or persons deslgnat,ed, ahal- be fllzd with the Comptrollerof Public Accounts. We have been informed by the Comptroller'sof- vice that pui-suantto Article 6252-5 the ExecutiveDlrec- tor of the Hospital Board has been designatedto approve vouchers for it. Therefore,you dareadvls.edthat the Executive Director of the Board for Texas State Hospitals and Special Schools has atithorityto initiate and approve vouchers affecting the “State Hospit~alsand Special Schools Building Fund.‘I. Hon. Larry 0. Cox, page 5 (V-1547) SUMMARY !l!he Executive Director of the Board for Texas State Hospitals and Special Schools, rather than the Business Manager of the various estatehospitals and special schools should Initiate and approve vouchers for payment effecting the act designatedas the "State Hospitals and Special Schools Building Fund" created by House Bill 2, Acts slat Legislature,1 Called Session, 1950, ch. 1, pa 1. Yours very truly, APPROVED: l'RICEDANIEL Attorney General J. C, Davis, Jr. County Affairs Division B. Jacobson Executive Assistant Charles D. Mathews First Assistant Assistants JR:am