Untitled Texas Attorney General Opinion ( 1960 )

E ORNET GENERAL
OF YEFEXAS
AarSTlN 1% TEXAS
W’ILL WILSON
A-RNEY GENERAL June 28, 1960
Honorable James A. Turman
Executive Director
Texas Youth Council
State Office Building
Austin, Texas Opinion No. ``-865
Re: Whether the Texas Youth
Council has the authority,
under existing law, to
furnish a prescribed uni-
form for staff members
under their control to
wear while carrying out
their duties, and related
Dear Dr. Turman: questions.
You have requested our opinion In regard to the following
questions:
"1. Does the Texas Youth Council have
the authority under existing law (Article
5143d) to require certain staff members to
wear an approved uniform while carrying out
duties prescribed by the Council?
"2o Does House Bill 4, Article II, Sec-
tion 1, Line Item 7, General Appropriations,
enacted by the 56th Legislature, for the Texas
Youth Council, Gatesvllle State School for Boys,
provide operating expense funds for the Council
to purchase approved uniforms, and furnish in-
stitutional laundry for same, to be worn by
custodial staff members during working hours and
while carrying out prescribed duties?
"3. If your answers to the above questions
are in the affirmative, will additional statutory
authority be required before the Council can
initiate this essential step In the strengthening
of discipline and control of the Gatesville State
School for Boys?
.. -,
Honorable James A. Turman, Page 2 (w-865)
"4. If your answers to questions one and
two above are in the affirmative, can the Con-
troller approve vouchers and issue warrants in
payment for such approved uniforms?"
The Texas Youth Council derives its power and author-
ity from the provisions of Article 5143d of Vernon's Civil
Statutes.
We shall quote the portions of Article 5143d which we
deem relevant to the questions you have propounded.
"Section 1. The purpose of this Act is
to create a Texas Youth Council to administer
the state's correctional facilities for delln-
quent children, to provide a program of con-
structive training aimed at rehabilitation and
reestablishment in society of children adjudg-
ed delinquent by the courts of this State and
committed to the Texas Youth Council, and to
provide active parole supervision of such.
delinquent children until officially discharged
from custody of the Texas Youth Council. ~ . .
"Sec. 2. This Act shall be liberally con-
strued to accomplish the purpose herein sought."
"Sec. 5(b) The Texas Youth Council shall
be responsible for the adoption of all policies
and shall make all rules appropriate to the
proper accomplishment of its functions."
"Sec. 17. When a child has been committed
to the Youth Council as a delinquent child, the
Council may:
"(a) Permit him his liberty under super-
vision and upon such conditions it believes
conducive to acceptable behavior; or
"(b) Order his confinement under such
conditions as it believes best designed f
his welfare and the,interests of the publyE; or
IEmphasis added)
"Sec. 18. As a means of correcting the
socially harmful tendencies of a delinquent
child committed to it, the Youth Council may:
. .
Honorable James A. Turman, Page 3 (``-865)
II
. . .
condu~,b~sR;EfulreSUC;```` ;idl;Ee a;d
y seem b dp fl
him for return to full liberty without dan-
ger to the public; . . .I'(Emphasis added)
"Sec. 21. The Youth Council shall estab-
lish rules and regulations for the government
of each of such schools and other facilities
and shall see that its affairs are conducted
according to law and to such rules and regu-
lations; but the purpose thereof and of all
education, work, training, discipline, recrea-
tion, and other activities carried on In the
schools and other facilities shall be to re-
store and build up the self-respect and self-
reliance of the children and youth lodged
therein and to qualify them for good cltizen-
ship and honorable employment."
Sections 5(b) and 21 of Article 5143d specifically em-
power the Texas Youth Council to promulgate rules in order
to carry out its function and accomplish the purpose of the
Legislature.
Sections 1, 17(a), 17(b), 18(b) and 21 of Article 5143d,
quoted above, clearly delegate to the Texas Youth Council a
broad discretionary power in the administration of the State's
correctional facilities for delinquent children. Such dis-
cretion extends to the maintenance therein of conditions,
mode of life and code of conduct which the Council believes
best designed and best adapted to the interests and welfare
of the delinquent child, in order to prepare him for a place
in our social structure.
The discretion of the Council is broad. The rule making
power is expressly given. We cannot say that a rule requiring
that the personnel of the various correctional facilities un-
der the control of the Council wear a prescribed uniform dur-
ing duty hours Is wholly arbitrary and not reasonably calcul-
ated to accomplish the Legislative purpose. Indeed, common
experience teaches that persons in positions of authority, who
wear uniforms, are accorded respect and an atmosphere of dis-
cipline prevails over the,confines to which their authority
extends.
Therefore, in our opinion, the Texas Youth Council has
the authority to require certain staff members to wear a
.
Honorable James A. Turman, Page 4 (WW-865)
prescribed uniform while in the performance of their dut-
ies. Consequently, your first question is answered in the
affirmative.
Passing now to the consideration of your second ques-
tion, we quote from Line Item 7 of House Bill 4, Acts 56th
Legislature, 1959, Third Called Session, Article II, Chap-
ter 23, Page 482:
For the Years Ending
“7. For payment of August 31, August 31,
other salaries and wages 1960 1961
and professional fees,
travel, capital outlay,
other operating expenses,
replacement and operation
of-one state-owned automo-
bile, and all other activ-
ities for which no other
provisions are made........ 1,661,951 1,661,gy"
(Emphasis added)
We think that it necessarily follows from what we have
said in answering your first question, that an expenditure
of State funds for uniforms to be furnished to staff members
during duty hours and to be laundered at State expense is an
operating expense coming within Line Item 7, if such expendl-
ture does not come within the prohibition of Section 51 of
Article III of the Constitution of the State of Texas.
Section 51 of Article III of the Constitution of the
State of Texas reads in part as follows:
"The Legislature shall have no power to
make any grant or authorize the making of any
grant of public moneys to any individual,
association of Individuals, municipal or other
corporations whatsoever; . . ."
This provision of the Constitution of Texas prohibits
the "gratuitous disposition of the state's money, property,
or contractual rights." Rhoads Drilling Co. v. Allred, 123
Tex. 229, 70 S.W.2d 576 (1934) Friedman v. American Surety
Co. of New York, 137 Tex. 149, i51 S W 2d 570 (1941) H
ever, it does not prevent an appropriation or expendiCure':h
State funds for a nurnose directly and substantiallv related
to the performance‘of‘governmentai functions of the"State.
Bexar County v. Linden, 110 Tex. 339, 220 S.W. 760
Road District No. 4, Shelly Co. v. Allred, 68 S.W.2d 16
. .
Honorable James A. Turman, Page 5 (``-865)
(Tex. Comm. App. 1934), opinion adopted by the Supreme
Court of Texas; City of Aransas Pass v. Keeling, 112 Tex.
339, 247 S.W. 818 (1923).
If the wearing of uniforms during duty hours Is in
furtherance of the Legislative purpose, and we have so
held in answering your first question, then an expendi-
ture by the Council in purchasing such uniforms and
providing laundry service therefor, is for a purpose dir-
ectly and substantially related to the performance of a
governmental function and is therefore not within the
prohibition of Section 51 of Article III of the Constitution
of the State of Texas.
In connection with what we have just said, it is to
be noted that the individuals who are to wear the uniforms
have no proprietary interest in such uniforms. The uni-
forms are the property of the State of Texas and are part
of the operating equipment necessary to the performance of
the Council's function. The fact that some one or more
Individuals may derive some incidental personal benefit
from the expenditure of State funds does not make the ex-
penditure one for private, rather than public, purposes.
Consequently, In our opinion, the purchase of the uni-
forms contemplated, under the circumstances set forth, is
an expenditure authorized by and coming within Line Item 7,
House Bill 4, Acts 56th Legislature, 1959, Third Called
Session, Article II, Chapter 23, Page 482.
Considering our answers to your first two questions,
no further legislation is necessary to authorize the pur-
chase of the uniformscontemplated, under the stated facts.
Consequently, your third question is answered in the
negative.
In answer to your fourth question, It is only necessary
to state that since we have held the purchase of the uniforms
to be a valid expenditure of State funds under the Constltu-
tlon of the State of Texas and the Appropriation Act of the
56th Legislature, the Comptroller is authorized to approve
vouchers and Issue warrants In payment for the proposed
uniforms.
SUMMARY
The Texas Youth Council has the author-
ity to require certain staff members to
wear an approved uniform during duty
Honorable James A. Turman, Page 6 (w-865)
hours; the uniforms may be purchased by
the Council and laundry service provided
from existing appropriations and furnish-
ed to staff members for their use only;
the Comptroller can approve the vouchers
and issue warrants for such expenditures.
Yours very truly,
WILL WILSON
Attorney
L-m,
W. 0. Sh
Assistant Attor
wos:mm
APPROVED:
OPINION COMMITTEE
J. C. Davis, Chairman
Byron Fullerton
Charles D. Cabanlss
C. Dean Davis
Robert A. Rowland
REVIEWED FOR THE ATTORNEY GENERAL
BY: Leonard Passmore