The Attorney General of Texas
March 10, 1982
MARK WHITE
Attorney General
Honorable Ron Wilson, Chairman opinion No. Mw-453
Supreme Court Building Health Services Committee
P. 0. Box 12546
Austin. TX. 76711. 2546
House of Representatives Re: Construction of appro-
512/475-2501 State Capitol Building priations act provision for
Telex 9101674-1367 Austin, Texas 78711 funds to the Department of
Telecopier 5121475.0266 corrections for new priS0l-l
unit
1607 Main St.. Suite 1400
Dallas. TX. 75201.4709 Dear Representative Wilson:
2141742.6944
You have requested our opinion regarding whether funds from Item
8(a) > "Proposed New Unit," in -House Bill No. 656, of the General
4624 Alberta Ave., Suite 160
El Paso. TX. 79905-2793
Appropriations Act, Acts 1981, Sixty-seventh Legislature, chapter 875,
9151533.3464 article I, at 3387, may be used to construct the South Grimes Unit and
the North Grimes Unit.
,220 Dallas A;e.. Suite 202 House Bill No. 656 reads in pertinent part as follows:
Houston. TX. 77002-6966
7131650-0666
8. Building Program (Construction and Renovation
Projects as enumerated herein below).
606 Broadway. Suite 312
Lubbock. TX. 79401-3479 Informational listing of projects to be
6061747.5236
funded from Item 8 (Construction and
Renovation)
4309 N. Tenth, Suite B
McAlle”, TX. 76501.1665 1982 1983
5121662.4547
a. Proposed New Unit 22,266.OOO 25.341,OOO
200 Main Plaza. Suite 400 & U.B.
San Antonio. TX. 76205.2797
512/225.4191
From the funds appropriated in Item 8,
An Equal OppOrtWitVl
Building Program, 86,780,OOO in 1982 and
Affirmative Action Employer 48.016.000 in 1983 are intended for items a
through j in the information listing that follows.
These funds are to be expended for the development
of new cell/bed spaces. The Board of Corrections
may deviate from the exact sums for each project
as may be necessary to fund any project indicated
in items a through j in order to provide the
desired new cell/bed spaces. It is the intent of
p. 1570
Honorable Ron Wilson - Page 2 (Mw-453)
the Legislature that the board expend these funds
in a manner consistent with the long-range
construction needs of the Department.
It seems clear that as long as the construction of The South
Grimes Unit and The North Grimes Unit is "consistent with the
long-range construction needs of the Texas Department of Corrections,"
the funds appropriated under Item 8(a), "Proposed New Unit" may be
expended for that construction. It is without question that these two
units constitute "new bed/cell space" within the meaning of the
Appropriations Act. We see nothing in the General Appropriations Act
that requires the prison unit to be housed in a single building.
S U M,M A R Y
The funds for "Proposed New Unit" in House
Bill No. 656 may be used to construct the South
Grimes Unit and the North Grimes Unit.
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by J. D. Hooper
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Patricia Hinojosa
J. D. Hooper
Jim Moellinger
Bruce Youngblood
p. 1571