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.I ,.,
Hon. Hall H. Logi, Chaitian ’ 4
State Board of Control
Austin, T+as Opinion No. V-644
. .
R& Construction of ‘the ap-
~’propriatioxi for. establish-
... ing the:Weaver: H. Baker
. -. _. , , Memorial Tuberculosis
_.. _ Sanatoriuui and the ap-
.L. .propriation for the support
., :‘.. .jl .: ~. and maintepapct thereof for
,. : the curzeirt fiscal year.
Dear Sir: :._ .~.
‘. .. .?.:.:i.,
.. .,
Your J&ter ‘Lx&e&g anopiniowof ti&~&fice in part res&:
“There is hereby appr~pri&ed’f& ‘the’fiscal
:. .ycar~;eding. August 31, 1948,~.tbe ~sum of-Five Hpn-.
dred Fifty Thousand ($55,O,C!OO.OO)Dol&rs.for the
conversion.an&&caring of.tiQe to Moore Field
near Mission, Tekas, in dccordance witbsenate
.Bill No. 147, Acts of Regular Sessioa, 50th Legis-
la~rs.,~!1947,;~d.d~tabUshing.fhc:~Wravsr H;‘l)akcr
Memorial:TubCrculotiisSanator~ium. &~.tbe .event.;z.
MooreiFkJd canixot bq secuked,the:.B&ard af C-t.,.
trol:abalkhave autborit$ to.Jeste+bUsh.said Saaat&uxn
at such:otJxerqdace:~as .the Board of :&~trol...may .:
ti.Ct.: FOX w 'ffSCdyear.e,ZJdhg~dhlg~~k~31,: 1949.i
the unexpended bhlance of Five Huadred Fifty Tbou-
iand~($550,DOO;OO).Dollars is N ppropriated for
qonversioni : (For. t&fiscal yea P endiag’.August .31;~
1948, Xbere is :approp&k?d the sum of .Thkea shunt
dred, Ten .Thou&nd. ($~310;000.00) Dollars. to the : .
Weaver H; BakkMemorial Tuber’culosis Sanatorium
for salaries, operation, support, maintenance. gener-
al improvements, repairs and contingent expenses.)
For the fiscal year ending August 31, 1949, there is
appropriated Six Hundred Thousand ($600,000.00)
222 Hon. Hall H. Logan, Page 2 (V-644)
Dollars for salaries, operation, support, msin-
tenance, general improvements, repairs and
contingent expenses& Upon the establishment of
such hospital, patfents shall be admitted, thereto
in accordance with +be 14~s. roles and regyla-
tions appUcab& to, *t admission of patfents to
the State Tuberculosis Sanatorium at Carl&ad.
Texas..
“Complying with the above quoted Legisla-
tive Act the Comptroller of Public Accounts cre-
dited the folJo*g appropriation accounts for the
current ytarz
.No. Description Amount
K-696 For the c,onvtrsion and securing $ 550,ObO.OO
of Title to Moore Field near Mfs-
don, Tex+s, In accordance wfth
S&B. 147, R.S. 5,OthLegislature.
and estabD@fng the Weaver H.
Baker Mkncirial. ‘Ifybtrculosis Sum-
iAct&qn. .&the event Moore Field can-
not be secured the Board of Control
shall have authority to tstablfsh said
Sanatorium atsuch other place as the
Board of.Control may direct.
K-697 For Salaries; operation, support, 3 10,00b.00
mainttnanct, general fmprove-
.mtnts, +tpriri and contingent tx-
past.
aTitle to tht Mere Field Proptrtits his
been acquired .by the State and this Board is now
engaged in converting the acquired propertiCs to
a Tuberculosis Hospital. There are no patients
at thfs institution and none are sntfcipated until
convtrsion of the pwperties i6 compltttd.
‘In accordance with fnstructions from this -
Board most of the tipenses of this project have
been paid from appropriation K-697 &scribed
above. However, the Comptroller of Publfc Ac-
counts has qutstfoacd a number~of these items
(set attachments).
Hon. Hall H. Logan, Page 3 (V-644) ’ . 223
‘%I our option, appropriation’K-,696 is
I
available for any ‘expenses connected with the
conveision of this property. Since all expenses
now ‘being incurred are’the dfrect result of the
program, to convert this war time army air
field to a State Tubercular Hospital; it would
appear that all invoices, and payrolls covering
.thew expenses might properly be charged to
appropriation K-696.
. ’ *We w&Id appreciate your opinion.”
8. -
The pertfixent part of Senate Bill No. 147, Acts 50th Legis-
lature, ‘page 58; fs Section 1; which ,reads:
;.,: .:. .
“Section 1. The State Board of Control is
hereby authorfned to negotiate for and to acquire
from the ynited States Government, or any agency
thereof, by gift, purchase, or lease-hold, for and
On behalf of the State of Texas, for use in the State
eletmd~~hrj servic.6, and in the t stablishrnent .of
state tuberculosis Sanatoriums, any lands, bufldfngs,
and’fdcil#fes wftbfn the State of Texas. and any per-
sonal properties wherever located, and to take title
thereto for and in the neme of the State of Texas.’
In accordance with the authority conferred upon the-Board by
Senate ~Biil No. ‘147 and appropriation No. K-696, it secured for the
State of Texas title to Moore Field and many buildings situated thtre-
on, and is now‘engagtd in doing those things which in its judgment are
necessary to convert the premises into an established tuberculosis
sanatorium. *There are do patients at this institution and none are
anticipatad until conversioriof the properties is completed..
Your Board is of the opinion that any expense incurred by it in
connection with the .conversion of this property into a tuberculosis
sanatorium is properly payable from appropriation No. fG696. You
have submittedto the Comptroller, for his approval andpayment out
of appropriation No. K-696, stveral.accounts for such items as kero-
sene. thrfftane,,grocerfes, vegttabks, paper towels, rugs, chairs,
tables, and othtr4urxiitki; postage’ stamps, and a typewriter. The
Comptroller refused to approve any of these accounts for payment from
this appropriation because, in his opinion, such expenditures are only
payable from appropriation No. K-697.
After 4 careful consideration of Senate Bill NO. 147 and appropri-
ations Nos. K-696 and K-697, we have concluded that the Legislature
Hon. Hall H. Logan, Page 4 (V-644) .’ .‘,
224
intended for the Board, after it had acquired title to Moore Field,
to do those things which in its judgment w-era necessary to put the
Field and the buildings thereon in suitable conditfonrfor. use and
occupsncy as a tubercasis sanatorium, and.to pay,-eXpenditurea
incurred for such purposes out of appropriationNo...K-696. It is
our further opfnfon that expenditures for furniture; tqufpment and
supplies of every kiad and character. necessary to,makt .my build-
ing suitable for use and occupancy for the purpose for ~which it was
designed are properly payable from thfs appropriation.
.You have fnformed us that all of the above mentioned ex-
penditures have been in connection with the conversion a@ tqnfppfng
of such installation for hospital purposes, including~tht:groctries
and vegetables being furnished carpenters and other employees now
engaged in such work. Under the se conditions the items may be
paid from appropriation K-696,:
~,., , ~SulvlMARY.
Any expenditure made by thk S&e ‘Board of
Cox&ol.for the purpose .of ~puttfngMoore Field in
s&able condition for use snd ,occupancy as a tu:.
.bercuJosfs sanatorium may be paid from appro-
priation No. K-696 (Acts 50th Leg., p, 607).
Yours very truly,
ATTQRNEYGENERALOFTEXAS
;. ;~
: .’
. i:_ . . .. ( By &,+di&&&)
,: . : B&t W. Bryant ,.
,. ‘~.,. Assistant
BWB:wb:vmb
a. ATTORNEY GENERJU