Attorney General Opinion WW-0253

September 3, 1957 Honorable Raymond W. Vowel1 Acting Executive Director Board for Texas State Hospitals and Special Schools Box S, Capitol Station Austin, Texas Opinion No. WW-253 Re: The validity of the appro- priation to the Board for Texas State Hospitals and Special Schools of moneys collected for the care and treatment of patients at out-patient clinics estab- lished pursuant to the pro- visions of Article 317&b-4, Dear Mr. Vowell: Vernon's Civil Statutes. You have requested an opinion on the validity of the rider in House Bill 13 3 , Acts of the 55th Legislature (General Appropriation Act for the fiscal years ending August 31, 1958 and August 31, 1959, which rider provides: "The Board for Texas State Hospitals and Special Schools is authorized to charge at out-patient facilities designated above for treatment and medication to patients treated an out-patient basis not to exceed the daily charge for hospitalization in state instltu- tions. An additional charge may be made for medication dispensed to patients not to ex- ceed the cost to the State. "Proceeds from the sale of medication and treatment are hereby reappropriated to the out-patient clinics for 'Other Operating Ex- penses'." House Bill 169, Acts of the 55th Legislature, Regu- lar Session 1957, ch. 427, p. 1280, codified in Vernon's as Article 3174b-4, authorizes the establishment of out-patient clinics. Section 6 of House Bill 169 provides: ‘ . ,-. . Honorable Raymond W. Vowell, page 2 (WW-253) "Upon the completion of the buildings and facilities for either or both of said research hospital or the larger separate mental hospital, the Board for Texas State Hospitals and Special Schools shall appoint such personnel as are nec- essary to operate and maJ.ntaln such hospital and clinic and to adequately treat such patients as are admitted, within the limits of legislative appropriations. The Board for Texas State Hos- pitals and Snecial Schools shall admit oatients to the area br community hospital and shall pro- vide for their care and maintenance under the same applicable laws, rules and regulations as govern the admission and care of mentally ill persons provided for In the General Laws of th St ate of Texas governing institutions for the ck?e of the mentally ill, The out-patient clinic shall be operated under such rules and regulations as the Board may promulgate. "The Board for Texas State Hospitals and Special Schools is hereby authorized, in its discretion, to operate and maintain such hos- pital and clinic as a part of such other hos- pital as may be constructed or operated by the Board.' (Emphasis ours) Article 3196a, Vernon's Civil Statutes, provides for the admission and care of mentally ill persons and authorizes the Hospital Board to charge relatives and guardians of the es- tate of mentally ill patients for the care and treatment of such patients. The above quoted rider of the appropriation to the Hospital Board constitutes an appropriation of the moneys col- lected pursuant to the provisions of Seetfon 6 of House Bill 169, Acts of the 55th Legislature, Regular Session, 1957, ch. 427, p. 1280, and Article 3196a, Vernon's Civil Statutes. You are,therefore,advised that the rider in ques- tion is valid and is supported by pre-existing Law. Therefore, the moneys collected pursuant to the provisions of Section 6 of Article 3174b-bare appropriated to out-patient clinics for other operating expenses. Honorable Raymond W. Vowell, page 3 b-W-253) SUMMARY The Rider contained in the appro- priation to the Board for Texas State Hospitals and Special Schools in House Bill 133 Acts of the 55th Legislature, Regular Session, 1957, (General Appropriation Act) appro- priating moneys collected for the treatment and medication to patients of out-patient clinics as provided for in Section 6 of Article 317&b-4, Vernon's Civil Statutes, is valid and such money is appropriated for other operating expenses for out-patient clinics established by the provisions of Article 3174b-4, Vernon's Civil Statutes. Yours very truly, WILL WILSON Attorney General of Texas JR:zt APPROVED: OPINION COMMITTEE H. Grady Chandler, Chairman Howard Mays James W. Wilson Sam Lane REVIEWED FOR THE ATTORNEY GENRRAL BY: Geo. P. Blackburn John Reeves