E GENERAL
OF TEXAS
August 7, 1948
Ron. Hall licr Logan Chairman
State Board of Con e rel
Austin, Texas
Opinion No. V-656
Re: Authority of the State %oard
of Control to expend local
funds of the Wichita Falls
State Hospital. for the pup-
chass and operation of a
bus for employees of the
Hospftal O
Dear Sir:
Your request for an opinion reads:
we contemplate purchase of a bus, hfring
necessary driver and placing said bus in
operation between the Wfchfta Falls State
Hospital and the City of Wfchfta Falls.
The items of expense connecteq wfth this
venture will be pafd for out of the local
funds of the Wichfta Falls State Hospital,,
The bus will serve to carry employees from
the Institution to the city and return, to
carry patfents to and from the city, and to
carry fnstftutfonal mail to and from the
cfty, No persons’other than employees
and patients wfll be permitted to ride on
said bus and no charges will be made of
such pePsons who ride the bus, From each
employee rfdfng the bus we anticipate ob-
taining a statement relieving the State
of Texas of any and all liability in the
event of Injury to such employee while
aboard the bus.
“We fail to find a specffic provision for
transportation of employees among the emolu-
ments granted to employees but we feel that
the operation of such a bus to carry employ-
ees to and from the Cfty of Wichita Falls
will enable us to obtain better employees.
Hon. Hall II4 Legan - Page 2 (v-656)
Actually, the Institution is some seven (7)
miles distant from the city and has no pub-
llc transportation facilities. Employees
living in Wichita Falls must either own an
automobile or hire a taxi cab to reach their
work. Actually, the Wichita Falls State
Hospital has not begun to receive the appli-
cations for employment of the better class
of employees as have the other institutions
located nearer town or that have public
transportation facilities. We feel that the
lack of transportation facilities results in
our failure to obtain a better class of em-
ployees at this institution. It is always
our aim and purpose to improve the caliber
of employees at our institutions because the
type of employees that we have readily man-
ifests itself in the general welfare of the
patients in the Institution. If the bus is
placed in operation between the Wichita Falls
State Hospital and the city and hauls only
patients and mail, the bus and the driver
would not be operating to full performance
but, if employees are also hauled, then the
bus and driver will be in operation on a
full time basis.
L’In view of these circumstances, we humbly
request an opinion of your department as to
whether the State Board of Control could con-
cur with the Superintendent of the Wichita
Falls State Hospital in the employment of
necessary bus drivers to operate a bus for
carrying patients and employees only, with-
out charge, to and from the City of Wichita
Falls, Texas.”
Section 44 of Article III of our Constitution,
among other things, provides:
“The Legislature shall provide by law
for the compensation of all officers, ser-
vant s, agents, and public contractors, not
provided for In this Constitution. . . .I1
House Bill No. 807, Acts 50th Legislature, page
1028, among other things, provides in substance that the
Han, Hall H, Logan - Page 3 (v-656)
salarfes of all State employees shall be, for the perfod
beginning September 1, 1947s and ending August 319 1949,
in such sums or amounts as may be provided for by the
Legislature in the general approprfation bPlls, The Act
suspends for the current bfennfum all laws and parts of
laws ffxfng salaries of all suoh employees.
In complfance with the foregoing constitution-
al and statutory provisions, the Legislature has fixed
the salarfes and perquisites of all employees of the re-
spective eleemosynary institutions of the State in the
Eleemosynary Appreprfation Bill for the current biennium
(Acts 50th Leg,, ch, 3309 ppe 566 through 6461, The ap-
propriations for the Wfchfta Falls State Hospital are
found therefn at pages 585 through 589? and in the gener-
al riders attached thereto, pages 609 through 616, Thfs
Bill also provides that certafn employeas #hall, and oth-
ers may in the discretion of the Board, receive in addf-
tion to the salaries therein provided, certain perqui-
sites, such as housing, provisions, utilities, room9
board, and laundry. But nowhere therefn have we been
able to ffnd any provision, either specifically or by im-
plication, authorizing the Beard to provide free trans-
portatfon, such as is contemplated hera, to either the
officers or employees of the Hospital,
Therefore, fn our opfnfon, ft necessarily fol-
lows that the local funds of the institution may not be
legally expended for such purpose.
We are not to be understood as holding that the
Legislature may not provide free transportation for both
offfcers and employees of such fmstftutfons as a part of
their compensation for services rendered the State, OUP
holding here is predfcated on the fact it has not done so.
SUMMARY
The State Board of Control may not expend
local funds of the Wichfta Falls State Hospf-
tal for the purchase and operatfon of a bus for
the purpose of furnfshfng free transportation
to employees of the Hospital to and from Wichfta
Falls, the Legfslature having made no provfsion
Hon. Hall H. Logan - Page 4 (v-656)
for the free transportation of such employees.
Const. Art. III, Sec. ltk, H. B. No. 807, Acts
zTt$ Leg., p, 1028; .dcts 53th Leg., pp. 5%
*
Yours very truly,
ATTORNEYGENlCRALOF TEUS
BWB:wb
,
ATTORNtiYGWZRAL ’