Untitled Texas Attorney General Opinion

-. . December 18, 1947 Hon. T. 8. Warden, Member Opinion NO. V-460 State Board of Control Austin, Texas Re: The legality of the construction of cot- tages , duplexes and small apartments for employees of the Rusk State Hospital, from funds appropriated for “employees’ dorm- itory and equipment .” Dear Sir: We quote your request for an opinion, dated November 5, as follows: “In Senate Bill No. 374, 50th Leg- islature of Texas, Regular Session, at Item 54 for the Rusk State Hospital, an appropriation of thirty-five thous- and dollars ($35,000.00) is made for ‘Employees * Dormitory and Equipment 1 . “Considering the present cost of construction, it would be impossible to construct a fireproof dormitory for such sum of money. Also, the present need for housing facilities for em- ployees at the Rusk State Hospital is so urgent that delay in construction of facilities of some sort may result in handicapping eleemosynary service at such institution. “In view of the above factors, we urgently request an opinion of your de- partment to the question whether the amount of thirty-five thousand dollars ($35,000.00) provided for in said item 54 may be spent for the construction of cottages, duplexes and small apartments and thereby provide more and better ac- commodations for the employees of the Rusk State Hospital .n Eon. T. a. Warden, Page 2, V-460 Since your particular appropriation is unques- tionably specific as to purpose, as required by Art. VIII, Sec. 6 of the Constitution, being for an “ez21oyees’ dorm- itory and equipment”, the sole question is whether your propsal to construct cottages, duplexes, or small apart- ments for e@oyees would come with12 the definition of a “dormitory”. Webster’s New International Dictionary, Second Rditior, defines a “dormitory” as foliows: “A sleeping room, or a building con- taining a series of sleeping room; a sleeping apartment oapable of containing zany beds, esp. one connected with a col- lege, boarding school, monastery, etc.” We find no definitive statenents in the Texas cases, but the foregoing definition was adopted in Rus- sell v. Trustees of Purdue University, 168 R. E. 529, 201 Ind. 367. It will be seen from this definition that the principal purpose of the housing unit or accommodation should be to provide sleeping facilities. Other than that, there is a rather large latitude. We interpret the language “e;coloyees’ dormi- tory” as authorizing only the construction of an employ- ees 1 apartment building or a dormitory or like structure. So long as it is a unit, and so long as the structure or buildicg is constructed to accommodate employees for liv- ing pu:?oses, it would appear to come within the defini- tion of a ‘ldoraitory’l. The construction of several dis- johe? or separate cottages, duplexes or mall apartments in separate structures would appear to be a departure from the specific appropriation. We think the Legislature has indicated its intent that the housing accomodation be a single unit rather than several smalier housing units. SuMedARY An appropriation for an “employees’ domitory and equipment” does not grant authority to build several cottages, du- plexes, or small apartments, in separate structures; but such funds might be used 20s. '2. a. 'Jarden, ?age 3, V-469 only to construct an m?logeesP apart- ment house, dormitory or like structure. Yours very truly BY APPROVED 2JC:jmz:jrb