The opinion
December 9, 1952
Hon. Larrr 0. Cox O~lnlon No. V-3.547
Executive-Director.
Board for Texas State Iios-Re: Necessity for business
pitala'.&Special Schools managers of the various
Austin, Texas lnatltutlonsunder the
Board for Texas State
Hospitals and Special
SchooIs to approve
vouchers for expenditures
from the StatesHospitals
and Special Schools Build-
Dear Sir: -ingFund.
,Youhave requested an opinion of the following
question:'
"Please advls,ethis office whether the
business managers for the~varlouslnstltu-
tlons or the Executive Director should
initiate and approve vouchers,for payment
out of the State Hospitals and Special
Schools Building Fund." ~,
House Bill 2, Acts 51st Leg., 1st C-S., 1950,
ch. 1, pi 1, created the "State Hospitals and Special
Schools Building l?und"and appropriated$5;000,000 to
the Hospital Board for the purpose of constructing,re-
pairing and equipping buildings.
Section 1 of Article II of House Bill 426,
Acts 52nd Leg., R.S., 1951, ch. 499, p* 1228 (The Gener'Bl
AppropriationsAct) contains appropriationsto the various
State Hospitals and Special Schools entitled "Maintenance
and repairs, out of local funds" and "Capital outlay,
Improvementsand equipment,outof, local funds." All
other appropriationsto the respective Institutionscon-
tained In Section.1 are out of the general revenue fund.
Section 26 of Article II of the General Appropriation
Act contains the following appropriationat page 1298:
Hon. Larry 0. Cox, page 2 (v-1547)
.-
'(a) There is hereby appropriatedto the
Board.for Texas State Hospitals and Special
Schools Five Million Dol~ai~~~($5,000,000)for
each fiscai year of the ~blemiurnending August
31, 1953. Such funds are to be credited to
the State Hospitals and Special Schools Build-
ing Fund which Is the sainehospital building
fund as provided for in Houqe Bill,No. 2, First
Called Session, Fifty-firstLegislature.
-Y"From and after September 1, 1951, all
balanceseon hand or remairrlngln the State
Hospital Fnqd as created-by A@icle XIX, ,House
Bill .No.3;:First Called Session of the Fifty-
first Legislatureand al? moneys accurlng'to
said fund on and after September l,,1951,
frolnany and all sources whatsoever are hereby
transferredto the GeneraI~RevenueFund.
"(3) All funds credited to the State
Hospitals and Special Schools Building Fund
under this Article are hereby appropriatedto
the Board for Texas StateHospItals and Spe-
clal Schools for the purpose'~ofarchitectural
and:engifieeringplansfi'cpnk%tructlng,
repalr-
ing and equippingsuch buildings as in the
opinloti.dfthe Board are necessary to the
proper care of those committed or to be com-
mltted'to such.hospltalsand special-sbhools
according to law. Provided, however, the
fees paid to an architect shall~not exceed
six per cent (6$) for the pItis, specIfica=':.
tlons and supervisionof constructionof said
buildWgs and all constructioncontracts made
for,~and the final acceptance In connection
with such construction,other thanthe plans
and specifications,shallbe subject to the
review and approval of the.Eoard of Control.
The Board may contract for, and pay plans and
specificationsfor any contemplatedconstruc-
tion, even though the contract for such lans
and specificationsmay be made in one (1P year
and the contract for constructionis entered
Into the followingyear.
Hon. Larry p. Cox, page 3 ~(v-1547)
It is hereby declared the intent and
', Pollc;(:~ the Fifty-secondLegislature that
the Board shall use such moneys from the State
Hospitals and Special Schools BuildingFund'as
may be required to repair and rehabilitate
existing buildings and facilities."
The appro rlations contained in Section 1 of
Akkle II (pages 12iO-1282) are specificallymade to
the various State Hospitals and Special Schools while
the appropriationcontained in Section 26 Is made to
the Board for Texas State ,Hospltalsand Special-Schools.
The Board for Texas State Hospitals and Special
schools was created by House Bill 1, Acts 51st Leg., R.S.
1949, ch. 316, p. 588 (Article 317413,V.C.S.). Section
10'provldes:
"The Superintendentof any Institution
named herein with the,approvaiof the Execu-
tive Director may appoint a business manager
who shall receive a salary not to exceed;Slx
Thousand Dollars ($6,000).per 'yearand who
shall receive the-same emolumentsas the
Superlnterdent. The busltiessmanager shall
manage the fiscal affairs of the institution,
handle all maintenancematters, be responsible
for the efficient operation of all auxiliary
enterprises,and prepare and submit ,tothe
Executive Directorthe estimate of needed'ap-
proprlatlonseach biennium. He may have such
other.dutlesand powers as 'the-Board for Texas
State Hospitals and Special Schools may,by
rule and regulation prescribe. He shall give
bond In the sum of Twenty-fiveThousand Dol-
lars ($25~000)payable to the State of'Texas
conditioneduuon the faithful derformarice of
Hon. La&y 0. Cox, page 4 (V-1547)
It Is noted that the underlined portion of
Article 3174b Is strictly limited to'the "appropriated
funds of the institutions"and does not apply to funds
appropriatedto the Hospital Board.
Since the Board for Texas State Hospitals and
Special ~SchoolsIs the only agency of the State authortied
to expend~ploneyout of the Hospital Building Fund, It Is
our opinion that the appropriationcontained In Section
26 of Article II of thenGeneral AppropriationAct does
not constitute "appropriatedfunds of the institutions".
within the meaning of Section A0 of Article 3174b, V.C.S.
-Section1,of Article 6252-5, V.C,S., provides:
"All expendituresof funds appropriated
to the~qarlousboards, bureaus, commlsslons
and other-agenciesof the.State of Texas nor
in existence,or hemafter created shall be
made Sf order of the governing bo,dythereof
and tfie.same shall be’pa%bjr warrants drawn
by the-Comptrollerof Public Accounts on
vouchers approved,by the chzi$man or presl-
dent bf the governing body or by an executive
officer, official or .empJoyeeof such board,
buregu, commlsslonoreother agency desi,gnated
,bythe governingbody by or~derentered on Its
minutes, lf any, and countersignedby the
secretary or an executive officer or official
deslgilated by the governing body by order
etkered on its minutes, if any. A certified
copy of any such order ktered pursuant to
the provisions of this Section designating
an officer,.officialor employee to approve
and execute or to countersignvouchem,
together with a slgnature’cardof the person
or persons deslgnat,ed, ahal- be fllzd with
the Comptrollerof Public Accounts.
We have been informed by the Comptroller'sof-
vice that pui-suantto Article 6252-5 the ExecutiveDlrec-
tor of the Hospital Board has been designatedto approve
vouchers for it. Therefore,you dareadvls.edthat the
Executive Director of the Board for Texas State Hospitals
and Special Schools has atithorityto initiate and approve
vouchers affecting the “State Hospit~alsand Special
Schools Building Fund.‘I.
Hon. Larry 0. Cox, page 5 (V-1547)
SUMMARY
!l!he
Executive Director of the Board for
Texas State Hospitals and Special Schools,
rather than the Business Manager of the
various estatehospitals and special schools
should Initiate and approve vouchers for
payment effecting the act designatedas
the "State Hospitals and Special Schools
Building Fund" created by House Bill 2, Acts
slat Legislature,1 Called Session, 1950,
ch. 1, pa 1.
Yours very truly,
APPROVED: l'RICEDANIEL
Attorney General
J. C, Davis, Jr.
County Affairs Division
B. Jacobson
Executive Assistant
Charles D. Mathews
First Assistant
Assistants
JR:am