Untitled Texas Attorney General Opinion ( 1960 )

THEAYTORNEY GENERAL OFTEXAS April 26, 1960 Dr. James A. Turman Opinion No. w'W-828 Executive Director Texas Youth Council Re: Does the Texas Youth State Office Buil&ing Council have authority, Austin, Texas under existing law, to establish a new institu- tion or school when funds are available for that purpose, and related Dear Dr. Turman: questions. You have requested the opinion of this office in answer to certain questions with reference to the establish- ment of a new school or institution. Your first question Is as follows: "1* Does the Texas Youth Council have the authority under existing law (Article 5143d, Section 26 (a) and. (b) to establish a new Institution or school when funds are available for the purpose?" Sectlon 26, Article 5143d, Vernon's Civil Statutes, provides: "When funds are available for the purpose, the Youth Council may: "(a) Establish and operate places for detention and dlagnosls of all de- linquent children committed'to it; "(b) Establish and operate addltlon- al treatment and training facilities, ln- cludlng forestry or parks- maintenance camps and boys' ranches, necessary to classify and segregate and handle juve- nile delinquents of different ages, habits and mental and physical condition accord- ing to their needs;" Dr. James A,.Turman, page 2 (``-828). We are of the opinion that this question is answered in the affirmative. The Texas Youth Council, which was cre- ated by the 55th Legislature in 1957, was granted the control and administration of the State's correctional facilities for delinquent children, At the time of Its creation, the Legis- lature recognized the fact that the'correctional facilities were crowded and totally Inadequate. Realizing the need for new facilities, the Legislature provided this method of estab- lishing new schools and institutions by the Youth Council when funds are available, Your second question Is ashfollows: "~2 . Does House Bill 4, Article II, Section 1, Line Item 13, Appropriations for the Texas Youth Council (Central Of- fice), provide funds for the Texas Youth Council to construct a new school for de- linquent boys, at Gatesvllle?" This question is likewise answered in the affirmative for the General Appropriation Bill (House Bill 4, Acts, 56 Legislature, Third Called Session, 1959, Chapter 23, page :;71, provides: "13. For construcing, equipping, fur- nishing, paying architect's feea, and perimeter fencing of a new school for delinquent boys to be loacted at Gates- .l,gg8,ooo." $&$a& added)",* ' * ' Your third question reads as follows: "3. If your answers to the above questions are in the affirmative, has the Legislature created a New State Institution separate and apart from the existing Gates- ville School for Boys?" The above quoted portion of the General Appropriation Bill provides funds for a "new school for delinquent boys to be located at Gatesville." The language used by the 56th Legis- lature is very plain and explicit. They have appropriated funds for a'hew school" and nowhere do they Indicate that this new school shall be part of or even contiguous to the existing State School for Boys at Gatesville. However, it should be noted that it does not follow that the new school could not be Dr. James A, Turman, page 3 @w-828). contiguous to the existing State school. In view of this, it is our opinion that the Legislature has provided funds for the establishment of a New State Institution that is separate and apart from the existing institution now lo- cated at Gatesville. Your fourth question Is: “4. If your answers to the above questions are in the affirmative, will additional statutory authority be re- quired before the Council can request, and the Legislature appropriate, the necessary funds for the operation of the new school?" Section 44 of Article III of the Texas Constitution provides that appropriations must be authorized by pre-existing law. We are of the opinion that Section 26 of Article 5143d, Vernon's Civil Statutes, constitutes pre-existing law upon which appropriations may be made. Therefore, additional statu- tory authority will not be required before the Council can re- quest and the Legislature appropriate funds necessary for the operation of the new school. SUMMARY The Texas Youth Council has authori- ty under Section 26 of Article 5143d, Vernon's Civil Statutes, to establish new schools when funds are available for that purpose. House Bill 4, Article II, Section 1, provides funds for the construction of a new school for delinquent boys at Gafesville, and it will be separate and apart from the existing Gatesville State School for Boys. Dr. James A. Turman, page 4 (``-828). Additional statutory authority will not be required before the Legislature may appropriate operating expenses for the new school. Yours very truly, WILL WILSON Attorney General of Texas James M. Farris JMF:mfh APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Martin DeStefano John L. Estes RobertT. Lewis Donald R. Benard REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore