The opinion
THEATTORNEYGENEI
OF TEXAS
Honorable Raymond W. Vowel1
Executive Director
Board for Texas State Hospitals
and Special Schools
Austin, Texas Opinion No. C-179
Re: Whether the Board, under
the provisions of H.B. 266,
Acts 58th Legislature, 1963,
may enter into a contract
with a licensed nursing
home to care for indigent
wives and widows of ex-
confederate soldiers and
Dear Hr. Vowell: sailors.
In your opinion request dated November 4, 1963,you
stated the following:
"The Board for Texaa State Hospitals and
Special Schools has under its control and manage-
ment the Confederate Woman's Home located at 3710
Cedar, Austin, Texas, which Is a home for Indigent
wives and widows of ex-confederate soldiers and
sailors established by an Act of the Legislature
of 1911 now codified as Articles 3218, 3219 and
3220, Vernon's Civil Statutes of Texas. This
facility has in the past housed as many as 124
such persons; however the numberbeing cared
for at present has declined to three. It is
costing the State of Texas approximately $1100.00
per month for each of them.
"This Board Is desirous of avoiding these
excessive costs by entering into a contract
under the provisions of House Bill 266, Acts
of the 38th Legislature, Regular Session, 1963,
for the care of these persons and others who
should apply and be admitted to the Confederate
Woman's Home with a licensed nursing home. The
cost of their care would be paid from funds ap-
propriated to the Board for Texas State Hospitals
and Special Schools to pay for contract treatment
and new outpatient cl+ln,ics.
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Honorable Raymond W. VOWell, page 2 (C-179)
??our opinion as to the legality of such
a procedure is respectfully requested."
The statutes which create and require the maintenance
of the Confederate Woman’s Home in Austin read as follows:
Article 3218, Vernon's Civil Statutes, states:
"There shall be established in or near
the city of Austin, a home for the Indigent
wives and widows who are over sixty years of
age, of disabled ex-Confederate soldiers and
sailors who entered the Confederate service
from Texas, or who came to the State prior to
January 1, 1880, and whose disability is the
proximate result of actual service in the Con-
federate army for ,at least three months, and
also for women who aided the Confederacy.
This lnstltutlon shall be known as the Con-
federate Woman's Home."
Article 3219, Vernon's Civil Statutes, states:
"The Board shall make suitable rules and
regulations for the admission of women to the
benefits of said home and for the internal
government and management of said home. The
Board shall also provide such attendants and
nurses as may be deemed necessary In the manage-
ment of the Home, and fix their compensation.
The Board shall appoint a superintendent for
the Confederate Woman's Home, with the approval
of the Governor."
Article 3220, Vernon's Civil Statutes, states:
"Said superintendent must be the widow or
daughter of a confederate soldier, and shall
reside in the Home and receive free board and
lodging. She may hold office for a term of
two years."
Article 317&b, Vernon's Civil Statutes, transferred
the control and management of the Confederate Home for Women
to the Board for Texas State Hospitals and Special Schools.
No subsequent legislation has been enacted by the Legislature
which would authorize the closln of such institution. Nor is
it our opinion that House Bill 226, Acts of the 58th Leglsla-
ture, Regular Session, 1963, compiled as Article 3174b-S,
Honorable Raymond W. Vowell, page 3 (C-179)
Vernon's Civil Statutes, authorizes the Board to contract with
licensed nursing homes for the care of the persons mentioned
in your letter. This Act reads as follows:
"'Section 1. The Board for Texas State
Hospitals and Special Schools may contract
for the support, maintenance, care and treat-
ment of mentally Ill and tubercular patients
committed to Its jurisdiction or for whom the
Board is legally responsible. Such contracts
may be made between the Board and city, county,
and state hospitals, private physicians,
licensed nursing homes and hospitals and hos-
pital distrlcts.f
'Sec. 2. All laws or parts of laws in
conflict herewith are hereby repealed.
"Sec. 3. The fact that from time to time
institutions under the control and management
of the Board for Texas State Hospitals and
Special Schools become overcrowded, making It
Impossible to adequately treat and care for such
persons, creates an emergency and an Imperative
public necessity that the Constitutional Rule
requiring bills to be read on three several days
In each House be suspended, and said Rule Is
hereby suspended, and this Act shall take effect
and be in force from and after Its passage, and
it Is so enacted."
The terms of the Act apply only to "mentally ill and
tubercular patients." The purpose of the Confederate Woman's
Home is not to care for this category of persons. F'roma
reading of Section 3 of this Act, it is further evident that
the Legislature did not intend to repeal any portion of Arti-
cles3218, 3219, or 3220, Vernon's Civil Statutes, for In this
Section the Legislature speaks of the overcrowded conditions
of Institutions.
It is, therefore our opinion that until the Legisla-
ture repeals or amends the Acta creating the Confederate
Woman's Home, such institution must be maintained for the
purposes set forth, as long as eligible women reside therein.
-8s
Honorable Raymond W. Vowell, page 4 (C-179 )
SUMMARY
House Bill 266, Acts of the 58th Legislature,
Regular Session, 1963, does not authorize the
Board for Texas State Hospitals and Special
Schools to contract with licensed nursing homes
for the care of persons being cared for at the
Confederate Woman's Home, unless they are men-
tal&y 111 or tubercular.
Yours very truly,
WAQOONER CARR
Attorney General
JB:mkh:zt
APPROVED:
OPINION COMMITTEE
W. V. ffeppert,Chairman
Pat Bailey
Marvin Brown
Murray Jordan
Ben Harrison
APPROVED FOR THE ATTORNEY GENERAL
BY: Stanton Stone
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