The opinion
...rT”sRNliW nTNIY,.c j
December 8, 1949 !
Hon. noyne L. Kelly opinion RO. v-956.
Rxecntlve Direotor
Board for Texas State Re: The agency veated with
Hoapitala~and Special Schools authority to appoint
Austlp, ,Texaa: the Superlptendent of
the,Confde‘$ate Worn&n's
DearSlr:z : Home.
:We hu0te from your InqUlry ai3folJ&s:
"Rticentlywe have had On8 of our Sypei-ln-
t8nd8nts.Q~f9 State Instltutlon-to paaa @way;
namQ+,'Kti.:Sus$e ha18 Butler of the COn$8d-.
~eratb Woman's Horn& here in Austin.
"There haa‘been some dlacusalon backwarda
and foruard~between the Oo.vernor'aOffice, Mr.
Claud Qllmbr, ChalFman of this Board,.myaelf
and i$plicaats':forthis position +a.to who waa
to make the appolntment'to this vacanoy. The
~C+ove~or~;a.OffloeHaag aCO8pt8d the status of
Xoltse Blll,1,.5lst Leglalature, ~vhioh,aeems
to glVe the power of appol@imen$ of,thla poai-
~tlon'to this Board.
9ar. Claud Gilm8r and I are not S.&e of
this atatua ao we would like an opinion ~from
your *partmentat, an early aat? concerning
the.~law.
governing the.appointment of the Su-
perintedcletit
of~the Te%aa Confederate Women's
Home.at Juatln, Texas.
Seotlon l'of Art&l;, 3&74b, Vernon's Civil
Statutes (H.B.l,,slat Leg.) prOvid8a for the creation ,of
the Bdard for Texas Stat8 Hoapltala and Special Schools.
Sbotlon 3 reads In part:
"The term 'Texas State Hospltala and
Special Schools' . . i shall mean The Austin
State Hospital, Austin Stat8 School, Austin
State Sohdol Fati Colony, The confederate
Hoioef0$ women, Th8 T8Xaa cOnfed8rat8 Hom8
'parMen, The Texas Blind, Deaf and Orphan
.
Hon. Moyue L. Kelly, page 2 (V-956)
School, The Texas Sohool for th8 Blind, the
T8XaS School for the Deaf, and the State
Dairy and Hog Fang, all located In or ad a-
cent to the City of Austin, Texas . . . iEm-
phasls added)
Section 2 of Article 3175b provIdea in part:
I . . Effective September 1, 1949, the aon-
tiol and management of, and all rlghts, pri-
vileges, pow8rs, ana duties incident thereto
. . . which are now Vested In and 8X8YFCiS8d
by the State Board of Control shall be tpsns-
ferred to, vested in, and exeraiaed by the
& rd for Texas State Hospitals and Speola'l
s;~ools. Provid a h tht'h B rd
-control ahallec&t~~e~~ hard &rizas8S
for such Institutions . . .n (Bmphasis added)
At the time House Bill.1 was enacted, the Con-
federate Home for Women was ag eleemosynary lnatltutlon
subject to the powers of the Stat8 Board of Control un-
der Article 3219 V.C.S. This statute prOVid8S In part:
" . . . The Board shall eppolnt a super-
intendent for the Confederate Woman's Home,
with the approval of the GOV8rnOr.'
By virtue of the unaeraoorfjaprovisions of Sec-
tion 2 of Article 3174b, oonalaered In connection with
~rtlole 3219, the authority to appoint the superintendent
of the Confederate Home for Women la vested In the Board
for Texas State Hospitals and Special Schools, subject
to the approval of the Governor.
In its opln$on ao- v-929, this OffIC8 held that
the State Board of Control Is the appointing authority as
to the superintendents of th8 Texas Sohobl for th8 Blind
and the Texas School for the Deaf. But that holding was
requitid by the provisions of House Bill 370, 51st Leg-
islature, which was enacted later than House Blll.1.
House Bill 370 has no relevancy with respect to the ap-
polntment of the superintendent for the Confederate Home
for Women.
SUMMARY
The Board for Texas State Hospitals and
Special Sahools.1~ Vested with the authority
..
Hon. Moyne L. Kelly, page 3, (V-956)
to eppolnt the auperlntendent of the confed-
erate Home for Women, subjeat to ;$h8approv-
al of the Governor. Art.3174b, 3ec.2 and
Art.3219, V.C.S.
Poura very truly,
AlTORlWZYGENRRALOFTEXAS
CEO :mw
Chester E. 0111s0u
Assistant
APPROVED
ATTORNEY GZRRRAL