Untitled Texas Attorney General Opinion ( 1964 )

June 10, 1964
Mr. Raymond W. Vowel1 Opinion Wo. c-265
Executive Director
Board for Texas State Hospitals Re: Whether the appropriation
and Special Schools to the Board for Texas
Austin, Texas State Bospitals and Special
Schools, contained in the
General AppropriationBill
can be used to purchase
land for the stated pur-
Dear Mr. Vowell: pose.
You have requested an opinion on whether the appropriation
to the Board for Texas State Hospitals and Special Schools, con-
tained in the General AppropriationBill can be used to purchase
land for the purpose of expanding the Lufkin State School and Its
sewage treatment plant. In response to our request for additional
informationyou have advised us that the Board intends to expend
approximately$10,000 for the acquisition of necessary land to
carry out the proposed expansion.
Section 1, Article 3263d of Vernon's Civil Statutes
states as follows:
"Should the Board for Texas State Wospitals
and Special Schools acquire from the United States
of America the property and facilities located
near Lufkln, Texas, and known as the Lufkin Air
Force Base, said Board shall establish and maintain
an additional school for the diagnosis, special
training, education, supervision,treatment, care
and control of mentally retarded persons of this
state. After the establishmentof said school,
it shall be known as the 'Lufkin State School.'"
Said land has been acquired by the Board and the School
has been established.
Section 2, Article 3263d of Vernon's Civil Statutes
states as follows:
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Mr. Raymond W. Vowell, page 2 (C-265)
"Within the limits of appropriatedfunds
the Board is further authorized to acquire by
eminent domain, urchase or glft, additional
land adjacent tobilities so acquired from
the United States Government for the purpose of
enlarging said school." (Emphasisadded).
An examinationof the clear and unambiguous
- wording
t;e expresf
g E%%tool."
The current appropriationfor Lufkln State School as
stated In House Bill No. 86, Acts 58th Legislature 1963, Regular
Session, Chapter 525, Page 1412 Is as follows:
"1. Expansion to include 800 Added Beds .....2.000.000'
Said appropriationIs for the express purpose of expanding, or
enlarging, the School to include additional beds. An express
power Is necessarilyaccompaniedby implied powers. This was
clearly explained by the Texas Supreme Court in Terre11 v. Sparks,
104 Tex. 191, 135 S.W. 519, 521 (lgll), wherein the Court held:
nWhenevera power is given by statute, every-
thing necessary to make It effectual or requisite
to attaln the end is implied. It is a well-estab-
lished arinciole that statutes containinngrants
of power are 'tobe construed so as to include the
authority to do all things necessary to accomplish
the object of the grant. The grant of an express
power carries with It by necessary Implicationevery
0
th er e execu on 0
the power expressly,granted. Where the law commands
anvthinn to be done. It authorizes the oerformance
of-whatevermay be necessar for executing its
commands." (Emphasisaddedv .
Further, in this regard, attention is called to the case of Moon
v. Alred, 277 S.W. 787, 788 (Tex.Civ.App.1925, error dism. Ej.),
wherein the Court stated:
"While no Texas case has been found on all
fours, as to the exact state of facts, with the
case at bar, in other jurisdictionsthe question
has been directly decided. In Territory v. BELxter,
16 Okla. 359, 83 P. 709, the Supreme Court of
Oklahoma. in construinga statute identical in
substance with ours, h&d that the power given a
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. -
m. Raymond w. Vowell, page 3 (C-265)
commissioners1court to issue bonds to build
likewise implied power to issue such bonds
to equip the same." (Emphasisadded).
Therefore, the express powers concerning expansion,
given to the Board by the aforesaid statute and appropriation,
give the Board the implied power to use a
propriated funds for the express purpose
necessary for the expansion prescribed in the
tion.
SUMMARY
Section 2, Article 3263d of Vernon's Civil
Statutes gives the Board the express power to use
appropriatedfunds for the purchase of addition%1
land 'for the purpose of enlarging said School.
The current appropriationfor said School provides
$2,00$,000.00for expansion "to include 800 Added
Beds. Under the well recognized doctrine that
express powers carry by necessary implicationevery
other power necessary and proper to the execution
of the powers expressly granted, the Board is au-
thorized to expend a portion of the aforesaid ap-
propriated funds for the purchase of a site upon
which the Board can carry out its authorized
expansion.
Yours very truly,
WAGGONER CARR
Attorney General
RBJ:sj:mkh Roy-B. Johnson
Assistant
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
John Reeves
Cecil Rotsch
Larry Merriman
George Gray
APPROVED FOR TRE ATTORNEY GENERAL
BY: Stanton Stone
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