Untitled Texas Attorney General Opinion

Honorable Frank Davis, Member State Board of Control Austin, Texas Dear Mr. Davis: Opinion No. O-2573 Re: Construction of Article 3240, Revised Civil Statutes, and the Eleemosynary Appropriation Bill, 46th Legislature, with respect to residential eligibil- ity for treatment in tuberculosis sanatoria. This will acknowledge receipt of your inquiry of July 25, 1940, requesting a legal opinion construing Article 3240 of our Revised Civil Statutes, and likewise a provision or rider of the Eleemosy- nary Appropriation Bill passed by the 46th Legislature, your speci- fic question being: "1s a married woman, who has lived in and had her place of abode in another state, but whose husband has resided in and lived in Texas for more than three years, his wife coming to Texas more than one year but less than three years ago, entitled to admission to the State Tuberculosis Sanatorium: "(a) To be maintained at State Expense? "(b) To pay for her hospitalization as a private patient, as provided by the last paragraph of Article 3241, Revised Civil Statutes?" It is the opinion of this department that the patient mentioned by you, assuming that she is otherwise qualified for admission to the State Tuberculosis Sanatorium, should be admitted, ifwithin either of the classes defined by statutes according to the facts, that is to say, 1. Indigent public patients, 2. Non-indigent pub- lic patients, or 3. Private patients. Article 3240 of the Revised Civil Statutes is as follows: "Persons afflicted with tuberculosis who shall have been citizens of this State and of the county from which~he or she comes at the time of filing of their application with the county judge as hereinafter provided, shall be admitted to Honorable Frank Davis, page 2 O-2573 said institutions. A citizen of this State is defined to be any person who has actually resided therein with the bona fide intention of being a citizen thereof for a period of twelve months next preceding the date of such application.lf The succeeding Article 3241 classifies the patients who are thus entitled to admission to the institution, defining each class. To the Eleemosynary Appropriation Bill (H.B. No. 256, 46th Legis- lature) there is attached the following rider: "None of the money herein appropriated for the State Tuber- culosis Sanatoria shall be used to treat any person who has not been a resident bona fide citizen of Texas for at least three (3) years; this provision shall not apply to a child born in the State of Texas." It will be seen that Article 3240 specifically authorizes the ad- mission of persons afflicted with tuberculosis who shall have been citizens of this State, and of the county from which he or she comes at the time of filing their application for twelve months next preceding the date of such application. A person complying with the requirements of the statute is thus entitled to admission into the institution, unless the rider to the Appropriation Bill hereinabove quoted in some way forbids. In no event could the rider prevent the admission of a private patient since none of the expenses of such private patient are to be paid out of the appropriation for the institution. The rider is equally ineffective to deny admission of indigent or non-indigent public patients. It is apparently well settled that that‘the Legislature may not in an appropriation act repeal or amend a general statute. State v, Steele, 57 Tex. 203; Linden v. Finley, 92 Tex. 454; Opinions Attorney General 1916-18, p* 110; Opinions Attorney General 192S-30, p* 209; Opinions Attorney General, Letter, B. 60 p* 24; Opinions Attorney General 1934-36, p. 71; Opinions Attorney General 1934-36, p. 46; Opinion Attorney General O-700. Moreover, if in any event the Legislature could repeal or amend a statute through an appropriation bill, the title to such bill would have to contain the subject, (Const. Art. III, Sec. 35) and no such requirement is met in the resent case. (H.B. No. 256, Special Laws Texas, Vol. 2, p. 238 .) Honorable Frank Davis, page 3 O-2573 Neither does the fact that the Legislature has made no appropria- tion for the support of public patients forbid theiradmission into the institution, in view of the express provisions of the general law as contained in Article 3240. The institution is being operated -- it has doctors, medicines, facilities, rooms and accommodations -- and the legal duty is im- posed upon it to admit all properly qualified applicants, and it will not be 'heardto deny them merely because there has been no appropriation adequate to care for such patients. That is no concern of the applicant patient. Very truly yours ATTORNEY GENERAL OF TEXAS APPROVED AUG. 13, 1940 GROVER SELLERS FIRST ASSISTANT' ATTORNEY GENERAL BY Ocie Speer Assistant OS:m,r:ml