,-,
The Attorney General of Texas
September 11, 1978
JOHN L. HILL
Attorney General
Honorable John J. Kavanagh, M.D. Opinion No. H- 12 4 0
Commissioner
Texas Department of Mental Health and Re: Authority of Department
Mental Retardation of MHMR to convert employee
Box 12668, Capitol Station residence buildings to other uses
Austin, Texas 787ll and to provide cash allowances
to employees in lieu of housing.
Dear Dr. Kavanagh:
You have asked whether the Department of Mental Health and Mental-
Retardation may convert an on campus employee residence to other uses. If
the answer is in the affirmative, you also ask if the facility may pay a $175
per month cash allowance in lieu of campus housing to those facility
employees entitled to on campus, rent-free housing. In our opinion the
Department has the authority to make a reasonable determination as to
whether the best interests of the facility would be served by converting an on
campus residence to another use or continuing to use it for residential
purposes. V.T.C.S. arts. 5547-202, S 2.16; 3176; 31744 S 2; Attorney General
Opinion H-874 (1976).
In reference to your second question, the General Appropriations Act of
1977 provides, in pertinent part, that
a house shall be furnished each Superintendent,
Assistant Superintendent, Clinical and Medical
Director, Business Manager, and Plant Maintenance
Technician.
In the event housing facilities are not available for
institutional personnel specified in this subsection,
cash allowances not to exceed one hundred seventy-
five dollars ($175) per month may be paid to any such
personnel in lieu of such house.
General Appropriations Act, Acts 1977, 65th Leg., ch. 872, art. II, 5 3(c)(2), at
2802.
p. 4940
Honorable John J. Kavanagh, M.D. - Page 2 (H-1240) ?
This provision does not limit the statutory authority of the Department, but
merely provides that if no facilities are “available” to furnish housing, then a cash
allowance may be paid. The Department still has the authority to make a
reasonable determination as to what use is to be made of campus buildings. When a
determination is made that the best interests of the facility are served by using a
particular building for nonresidential purposes, the building is then “unavailable” for
use as a residence. If no other housing accomodations are available, then it is our
opinion that the allowance may be paid.
SUMMARY
The Department of Mental Health and Mental Retardation
has the authority to determine what use is to be made of
campus buildings. If, as a result of the Department’s
determinations, no buildings are available for use as resi-
dences, then a cash allowance may be paid to those
employees listed in the General Appropriations Act.
/----)wT&
/ / JOHN L. HILL
,I ;I Attorney General of Texas
APPROVED: i ~’
5s4LbLL<
DAVID M. KENDALL, First Assistant
C. ROBERT HEATH, Chairman
Opinion Committee
jsn
P. 4941