Untitled Texas Attorney General Opinion ( 1963 )

April 29, 1963 Honorable Robert S. Calvert Opinion No. C-69 Comptroller of Public Accounts Austin, Texas 1 Re: Whether the rovlslons of Article 6 ii 6b, Vernon's Civil Statutes, must be complied with in order that payment of rental of a dwelling house for business managers of certain instl- tutions be a legal charge Dear Mr,Calvert: against State funds. This is to acknowledge the receipt of your opinion request, from which we quote In part: "Special provlslons pertaining only to the special sbhools and institutions under the Texas Youth Council which are found In Senate Bill 1, Acts of the 57th Legislature, First Called Ses- sion, provides in part as follows: *The Business Managers of all institutions shall be furnished a house, utilities and laun- dry.' "Article 666b, R.C.S., Section 1 provides: 'Hereafter all departments and agencies of the State Qovernment, when rental space is needed for carrying on the essential functions of such agencies or departments of the State Government, shall submit to the State Board of Control a re- quest therefor, giving the.type, kind and size of building needed, together with any other nec- essary description, and stating the purpose for which it will be used and the need therefor. -335- Hon. Robert S. dalvert, page 2 (C- 69 ) ‘The Statesbeing required to furnish a house, no nouae beInk avallable~onthe ground8 of the in- stitution,would the payment of a bill for rental of a dwellings be, a legal charge a alnat State funds if the requirement8 OS Article 66 8b, R.C.S.,have not been complied with?' !Cheopinion request.dldnot state facts which would Indicate in what manner Art&ale 666b, Vernon's Civil Statutea was not complied with. An examinationof the purchase voucher which waa enolosed with thenrequest shows that the Texas Youth Council apparently contracted to furnleh houelng for the buslness manager of the Mountain View School for Boys. It be presumed, therefore, mart that the question pre- eented is whether the Texas’Youth Council must comply with the provisionsof Artlcle~666bl.Vernon*8 Civil Statutes, in renting a house for said business manager In order to create an obligation which is binding upon'the State. In answering this question, it ia necessary to review the statute8 creating the Texas Youth Coun- cil and the cdnstruction of euch lane by the Attorney Ceneral and the Department8 concerned. Article 5i43d, Vernon'8 Civil Statutes, the legislative actcreating the Texas Youth Council and Attorney,General's opin- ions construing it, leave no doubt that in creating the Texae Youth.Council,the Texas Legislatureintended to create an organ- ization that would have complete control and administration of the State'8 correctlona1facllltle8 for deltn uent children Attorney Ceneralf8 Cpitilons Nor. ``-828 (196o(f and ``-1.183 (1961). The ~follonlngprovl8ion8 of Article.5143d, Vernon's Civil. Statutes,etate in unmlstakable,languagethe broad duties and res- pon8ibllltle8that h+Ve been 'delegatedto the Texas Youth Council. Siotion 4(f) 8tates’: “Sec. 4 (i); The mXa8 Youth COunCl1 Shall a8eume the admioicrtratlvocontrol, supervision, dir&&Ion 8tidoperation oi 811 faoi1ltl8~,'inatl- tution8, training of state wards and parole euper- viaion of state *ards now under the control of the State Youth Development Counoll and aha further Geume the administrtitive control and supervlalon of the Corsl+kna State Home, the Texas Blind, Deaf and Orphan School, and the WaCO,St8te Home." Hon. Robert S. Calvert, page 3 (C- 69 ) Section 6(d) states: "Sec. 6 (a); Administer the diagnostic treatment and training and supervisory facilities and service8 of the state for delinquent chlld- ren committed to the state. Manage and direct state training school facllltles and provide for the coordination and combination of such facill- tlea, as deemed advisable by,the Texas Youth Coun- cil, and for the creation of new facilities wlth- In the total appropriation provided by the Legis- lature; exercise admlnletrative control and super- vision over all other lnatltutions and facilities under Its jurisdiction;" Section 6(e) states: "Sec. 6 (4); Before each convening date of the Regular Session of the Legislature, make a report to the Governor and Leglelature of Its ac- tivities and accomplishment8 and of its findings a8 to its major needa relative to the handling of the children committed to It by courts of the state. The report shall Include specific recom- mendations for legl8latlon, planned and drafted as part of an integrated, unified and consistent program to serve the beet Interest of the state and the youth committed to the Texas Youth Coun- cil; and recommendations for the repeal of any conflloting obsolete or otherwise undesirable leglelation affecting youth." Section 19 statea: 'Sec. 19. The Youth Council shall have the management, government and care of the Gatesvllle State School for Boys, the Q8lne8vllle State School for Girls, the Crockett State School for Negro Qirls, and of all other faallitles hereafter established by the state for the cucrtody,diagnoeia, care, training and parole supervialon of delinquent children com- mitted to the state." Section 20 states: "Sec. 20. The Youth Council shall, from time to time, appoint a superintendent for each of said -337- Ron. Robert S, Calvert, page 4 (C- 69 ) achoola and lnstitution8, and upon the recommendation of the auperlntendent ahall appoint all other officials, chaplains, teachers, and employee8 required at said school8 and lnetitutlona and ahall prescribe their dutlea. . . "The aalarles, compensation, and emoluments of the superintendent8 and subordinate offlclale, teachers, and employees 8hall be fixed a8 provided by the Legis- lature." Section 26 8t8te8: "Sec. 26. When fund8 are available for the purpose, the Youth Council may: (a) Establish and operate places for detention and diagnosis of all delinquent children committed to it; (b) Establish and operate additional treat- ment and training facllltlea, including forestry or parks-maintenance camp8 and boys' ranches, necessary to classify and segregate and handle juvenile delinquent8 of different ages, habits and mental and phxslcal condition according to their needs;. . . The desire of the Legislature to create a separate department Independent of all other State agencies Is clearly evidenced by Section 41 of Chapter 281, Act8 of the 55th Legls- I lature, Regular Session, 1957, quoted In part a8 follows: "The faot that juvenile delinquency is one of the major problem8 conironting the State. . . and this major problem of our State demand8 special attention and demand8 the services of a separate, specialized agency to deal therewith; the fact that the present administrative structure of the State Youth Development Council does not adeqiately locate responsibility and 8CCOUnt8bility. . . Senate Bill 1, Acts of the 57th Legislature, 1st Called Seesion, 1961, direct8 the TeX88 Youth Council to furnish the buBine88 manager of all lnstltutlons under the Texas Youth Council. 88 follows: -338- . . Hon. Robert S. Calvert, page 5 (C- 69 ) “Sec. 41. EMOLUMENTS. The Superintendents of all institutions under the.Councll shall be furnished a house, utllltle8, laundry and maid. The Business Managers of all institutions shall be furnished a houBe, utilltles and laundry. me Assistant Superintendents of the Gatesville State Schools, Mountain View School and the Gaines- ville State School shall be furnished a house, utll- ities and laundry, Th Dean of Students of the Waco State Home and the CorEicana State Home shall b8 fur- nished a house and utllltles. No other employees of these institutions shall be granted emoluments. Com- missary privileges ahall not be available to any employee of the Youth Council." In passing upon the authority of the Texas Youth Council to procure rent housing for such business managers under a similar legislative mandate, Attorney General's Opinion WW- 760 (1959) stated: "Since your opinion request states that no housing Is available at the Crockett School, and the Legislature did not specify that a house was to be built by the Texas Youth Council, and did not provide funds for erecting a building, and It is clear that it Intended that the Business Manager of Crockett School wa8 to be housed at the Stata's expense, It 18 our Opinion that the Texas Youth Council may provide a hoUse for the Business Manager of thle School b reasonable amount of rent for such hous n . ==Y+ "The question a8 to the Comptrollerls authority to Issue warrant8 In nayment of such rent 18 also answered In the affirmative. The Comptroller has only the mlnlsterial duty of issuing the State war- rants." (Emphasie added). The 8ame situation that existed at the Crockett State School for Girls exlats at the Mountain View School for Boys. Neither lnstltutlon haa housing available, nor funds to build such a house, and, therefore, the Texas Youth Council In com- pliance with the legislative mandate, muat furnish a hOU8e and utllltiee to the business manager by renting. The quoted portion of the opinion clearly Indicates that Article 666b, Vernon's Civil Statutes, need not be complied with In procuring such housing. -339- . Hon. Robert S. Calvert, page 6 (C- 69 ) Indeed, both the Texas Youth Council and the State Comptroller’s office have by departmental construotlon of the pertinent stat- utes recognized the authority of the Texas Youth Council to procure such housing without compliance with Article 666b, Ver- non’8 Civil Statutea. Since Attorney General’8 Opinion WW-760 (1959) was written, approximately Four Thousand Dollar8 ha8 been paid out from the State Treasury for rent In lieu of house and utilities for the bualnees manager at the Crockett State School for Girls, and approximately One Thousand One Hundred Dollar8 ha8 been paid out for rent in lieu of house and utilities for the business man- ager of the Mountain View School for Boys. Where there are no court decisions construing a particu- lar statute, the Attorney General must look to the construction placed upon such law8 by the Departments involved and by prior Attorney General18 opinions. Nor will an opinion of a prior At- torney General:be overruled unless it is clearly erroneous. At- torney General’s Opinion No. o&s&(igjg). We are, therefore, of the oplnlon that the Texas Youth Council may create a legal.obllgatlcn on the part of the State in renting a house and furnishing utilltlea for such business manager without complying with Article 666b, Vernon’s Civii Stat- utes, In those instances where the lnstitutlon under the Council doe8 not have housing avallable for Its bucllnesnmanagers. SUMMARY The Texas Youth Council 18 the State agency authorized by the Leglelature to procure housing and utllltles for the buelneaa manager8 of insti- tutlona under its control on a rental basis when housing is unavailable at such inatitutiona, and in 80 doing need not comply with the provision3 of Article 666b, Vernon’s Civil Statutes. Sincerely, WAGGONRR CARR Attorney General JB:mkh . - Hon. Robert S. Calvert, page~7 (C- 69 ) APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman W. 0. Shultz Roger !l?yler Cecil Rotsch Corbin Lee Snow, Jr. APPROVED FOR THE ATTORNEY GENERAL BY: Stanton Stone -3+1-