OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Honorable Charlie Pigg, Chaim8n,
Comalttee on Eleemosynsry InStitutions
House Of RepIWSent8tiVeS
Austin, Texas
Dear Mr. Pigg:
8s the Texas
TeX8e 8Ild S81d
ed and empowered
811 females
training who laay
elves orwho may
in the manner and
er provided.
ern%ng bO8rd of this inatltu-
oaed of the aqpeDl&etident of
e Independent School districts in
stltution Is situated and the city
or county health officer of the district In
which this Institution is located, and those
members ah811 select 8 third member. These
three members shall be the governing bbdy for
this Institution end shell receive no pay for
the performance of their duties.
Honorable Charlie Plgg, page 2
"SECTION 2. Any judge of 8 County Court in
the County where an 811Sged female between the
ages of twelve 8nd twenty years inclusive is
brought by any peace officer or voluntarily
come6 before 8ny County Judge and is guilty of:
"1. Being found to be an infectious carrier
of 8 veneral disease, may, if such committing
County Judge adjudge that It is for the welfare
of such female that she be placed in the hos-
pital and training center be committed to the
Texas School for not more than one year. The
above mentioned institution Is hereby authorized
to receive and detain females so committed.
"SECTJON 3. Such commlttment shall be for
any period of time not exceeding one year. A
commlttment made under this section which shell
recite the fact upon which it is based, shall
not be invalid by reason of any lmperfqctlons or
defects in form.
:.:.v. "SECTION 4. Any person committed under the
provisions of this 18W to said FnstltutlOns m8y
be released or paroled therefrom 8t8ny time
after her cotumlttment upon the written certlfl-
cate of the responsible head of the institution,
setting forth the reasonr-for such release or
parole, to which is attached an lndorsement of
the heed of the Medic81 Staff of said lnstltu-
tlon. Nhen 811 lnm8te of said institution is dls-
missed, 8.copy of the records pertaining to such
Individual shell be filed and reoorded in the
Court of Commlttment."
It Is the opinion of this department th8t the Com-
mittee amendment, if enacted into law, would constitute such
"pX+eXi8thg law" under Section 44 of Article III, requiring
8 pl'e-eXlsting 18W 8s would authoriee~a legisl8tiVe approprla-
tlon of money out of the treasury. Of course, the amendment
if enacted would not itself constitute 8n appropriation, since
It c8rrles no specific appropriation, neither would the State
in any event be liable, unless and until the Legislature should
make 8 specific appropriation in pursuance of the Act.
If the amendment were to contain 8 clause speclflcal-
ly stating th8t the State would in no event be liable pecunlar-
Honorsble Charlie Plgg, page 3
fly to any extent under the terms of such Act, then no Legis-
lature could thereafter make an appropriation ln the face of
the provisions of Se&Ion 44, Article XVI, above mentioned.
Very truly yours
ATTORNEY GENERAL OF TEXAS
By (s) Ocie Speer
Assititsnt
0S:ff
APPROVED MAR. 31, 1943 APPROVED
(s) Ger8ld C. Mann Opinion Committee
ATTORNEY GEXERU OF lpExA3 By. B.W.B. Chalrm8n
.