Texas Attorney General Opinion: M-1266 Page: 3 of 6
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Hon. Joe Resweber, page 3
The purpose and policy as expressed by the Legislature is
found in Article 5547-201, Section 1.01 (a) and (b).
"1.01(a)k It is the purpose of this Act to
provide for the conversation and restoration of
mental health among the people of this state, and
toward this end to provide for the effective
administration and coordination of mental health
services at the state and local levels, and to
provide, coordinate, develop and improve services
for the mentally retarded persons of this state to
the end that they will be afforded the opportunity
to develop their respective mental capacities to
the fullest practicable extent and to live as useful
and productive lives as possible.
" (b), The legislature declares that the public
policy of this state is to encourage local agencies
and private organizations to assume responsibility
for the effective administration of mental health
and mental retardation services, with the assistance,
cooperation, and support of the Texas Department of
Mental Health and.,Mental Retardation created by this
Act."
Article 3 of the Act deals with the creation, organization,
powers and duties of community centers , While community centers
come into existence through a voluntary establishment by a
"local agency" under authority of the enabling legislation of
Article 5547-203, Section 3.01, once established a center becomes
a juristic entity with an administrative board, a director and
employees, which exercise a delegated portion of the sovereign
power of the state and which do not exist independent of the
state but which are allocated state monies or property by the
state department and operate under the department's rules and
regulations. Section 4.01, et seq. of Article 5542-203. The
community centers thus meet the legal criteria of an agency of
the state. See Allis-Chalmers Mfg, Co. v. Curtis Electrical Co.,
259 S.W.2d 919-920-921, aff'd 153 Tex. 118, 264 SoW.2d 700, 701
(1954); 40 Words & Phrases 27, "State Agency."-6211-
(M-1266)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-1266, text, November 20, 1972; (https://texashistory.unt.edu/ark:/67531/metapth270497/m1/3/?rotate=270: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.