Tara~ ATTORNEY GENERAI~
OF TEXAS
AUITHN. %?lCXAS 78711
Honorable Kenneth D. Gaver, M.D. Opinion No. Ii-1037
Commissioner, Texas Department
of Mental Health and Mental Re: Authority of community
Retardation centers to purchase real
Box 12668, Capitol Station property.
Austin, Texas 78711
Dear Dr. Gaver:
YOU have,requested our opinion concerning the authority
of community centers for mental health and mental retardation
services to purchase real property. Article 5547-203, V.T.C.S.,
provides in part:
Sec. 3.09. Each participating local agency
may contribute lands, buildings, facilities,
personnel and funds for the administration
of the various programs and services of a
community center.
Sec. 3.10. A community center may accept
gifts, grants, and donations of money, per-
sonal property and real property for use in
the administration of its programs and ser-
vices.
Sec. 3.11. A community center may construct
buildings and facilities.
Thus, a community center is not expressly authorized to pur-
chase'real property; its express authority is limited tom the
acceptance of gifts, grants, or donations. See Attorney General
Opinions C-668 (1966); C-646 (1966). We do not believe that
the power to purchase real property may be implied from arti-
cle 5547-203, for it is not "necessarily implied . . . or . . .
inherent or indispensable to its . . . existence." Balls y.
Texarkana Water Corp., 127 S.W. 1068, 1070 (Tex. Civx-
1910, no writ); Walling v. Kimbrough, 365 S.W.2d 941 (Tex. Civ.
APP. -- Eastland 1963), aff'd., 371 S.W.Zd 691 (Tex. 1963).
P- 4275
Honorable Kenneth D. Gayer, M.D. - Page 2 (H-1037)
The Legislature has considered and rejected legislation
which would expressly authorize community centers to purchase
real property. Senate Bill No. 350, 65th Leg., Senate Bill
No. 204, 64th Leg. In light of the statutory language and
the failure of the Legislature to amend such language, in our
opinion community centers do not have authority to purchase
real property.
SUMMARY
Community centers for mental health and
mental retardation services do not have
statutory authority to purchase real
property.
ery truly yours,
P
eneral of Texas
APPROVED:
DAVID M. KENDALL, First Assistant
c. ROBERT HEATH, Chairman
Opinion Committee
jst
p. 4276