Untitled Texas Attorney General Opinion

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 ’