The opinion
WILL WILSON
January 13, 1961
Mr. Raymond W. Vowel1
Executive Director
Board for Texas State Hospitals
and Special Schools
Box S, Capitol Station
Austin, Texas
Opinion No. W-981
Re: Validity of proposed con-
tract between the Board
for Texas State Hospitals
and Special Schools and
the county, whereby the
county agrees to care for
mentally ill committed to
a Texas State Hospital
under the control and
management of the Board
for Texas State Hospitals
Dear Mr. Vowell: and Special Schools.
You have requested our opinion on the validity
of a proposed contract between the Board for Texas State
Hospitals and Special Schools and the County of El Paso,
whereby the County of El Paso, acting by and through the
El Paso County Hospital, agrees to care and treat persons
ad'udged to be mentally ill, speclfically agreeing to:
1 provide and maintain in-patient hospital facilities,
2 provide diets and basic nursing care, 3 furnish and
rr
maintain facilities for out-patients, and I4 I provide and
make available psychiatric consulting services of an aver-
age of ten visits per week.
Pursuant to the provisions of Article 3174b,
Vernon's Civil Statutes, the Board for Texas State Hospi-
tals and Special Schools has control and management of the
Texas State Hospitals and Special Schools created by the
Legislature and such "out-patient clinics" as are establish-
ed by the Board pursuant to the provisions of Article 317413-4,
Vernon's Civil Statutes.
The El Paso County Hospital is not a Texas State
Hospital or Special School created by the Legislature and
Mr. Raymond W. Vowell, page 2 (Ww-981)
the proposed contract does not create an out-patient clinic
in compliance with the provisions of Article 3174b-4, Ver-
non's Civil Statutes. We fail to find any provision author-
izing the Board for Texas State Hospitals and Special Schools
to contract with the county for the care and treatment of
mentally ill committed to a Texas State Hospital under the
management and control of the Board for Texas State Hospitals
and Special Schools. It is our opinion that the proposed con-
tract attached to your request is invalid.
SUIYMARY
The Board for Texas State Hospitals and
Special Schools does not have a,uthority
to enter into the proposed contract where-
by the county agrees to care for the tnen-
tally ill committed to a Texas State Hos-
pital under the control and management of
the Board for Texas State Hospitals and
Special Schools.
Yours very truly,
WILL WILSON
Attorney General of Texas
JR:ms/hmc
APPROVED:
OPINION COMUTTEE
W. V. Geppert, Chairman
Glenn R. Brown
Cecil Cammack
Dean Davis
Gordon Cass
Fred Werkenthin
REVIEWED FOR ATTORNEY GENERAL
BY: Morgan Nesbitt