*1 The Attorney General of Texas March 10, 1982

MARK WHITE

Attorney General

Honorable Ron Wilson, Chairman opinion No. Mw-453 Supreme Telecopier Telex Austin. 512/475-2501 P. 0. Box 12546 9101674-1367 TX. 76711. Court Building 5121475.0266 ^[2546] Austin, Texas 78711 State Capitol Building House of Representatives Health Services Committee funds to the Department of Re: Construction of appro- corrections for new priS0l-l priations act provision for unit 1607 Main St.. Suite 1400 Dear Representative Wilson: Dallas. TX. 75201.4709 2141742.6944 You have requested our opinion regarding whether funds from Item 4624 Alberta El Paso. TX. 79905-2793 9151533.3464 Ave., Suite ^[160] Appropriations Act, Acts 1981, Sixty-seventh Legislature, chapter 875, 8(a) > "Proposed New Unit," in -House Bill No. 656, of the General article I, at 3387, may be used to construct the South Grimes Unit and the North Grimes Unit. ,220 Dallas A;e.. Suite 202 House Bill No. 656 reads in pertinent part as follows: Houston. TX. 77002-6966 7131650-0666 8. Building Program (Construction and Renovation

Projects as enumerated herein below).

606 Broadway. Suite 312

Lubbock. TX. 79401-3479 Informational listing of projects to be 6061747.5236 funded from Item 8 (Construction and

Renovation) 4309 N. Tenth, Suite B 1982 1983 McAlle”, TX. 76501.1665 5121662.4547

a. Proposed New Unit 22,266.OOO 25.341,OOO & U.B. 200 Main Plaza. Suite 400 San Antonio. TX. 76205.2797 512/225.4191

From the funds appropriated in Item 8, Building Program, 86,780,OOO in 1982 and An Equal OppOrtWitVl 48.016.000 in 1983 are intended for items a Affirmative Action Employer through j in the information listing that follows.

These funds are to be expended for the development of new cell/bed spaces. The Board of Corrections may deviate from the exact sums for each project as may be necessary to fund any project indicated in items a through j in order to provide the desired new cell/bed spaces. It is the intent of p. 1570

Honorable Ron Wilson - Page 2 (Mw-453)

the Legislature that the board expend these funds in a manner consistent with the long-range construction needs of the Department.

It seems clear that as long as the construction of The South Grimes Unit and The North Grimes Unit is "consistent with the long-range construction needs of the Texas Department of Corrections," the funds appropriated under Item 8(a), "Proposed New Unit" may be expended for that construction. It is without question that these two units constitute "new bed/cell space" within the meaning of the Appropriations Act. We see nothing in the General Appropriations Act that requires the prison unit to be housed in a single building.

S U M,M A R Y The funds for "Proposed New Unit" in House Bill No. 656 may be used to construct the South Grimes Unit and the North Grimes Unit.

Attorney General of Texas JOHN W. FAINTER, JR.

First Assistant Attorney General

RICHARD E. GRAY III

Executive Assistant Attorney General

Prepared by J. D. Hooper

Assistant Attorney General

APPROVED:

OPINION COMMITTEE

Susan L. Garrison, Chairman

Jon Bible

Rick Gilpin

Patricia Hinojosa

J. D. Hooper

Jim Moellinger

Bruce Youngblood

p. 1571