The Attorney General of Texas
May 30, 1978
JOHN L. HILL
Attorney General
Honorable W. J. Estelle, Jr. Opinion No. H- 1168
Director, Texas Department
of Corrections Re: Authority of Department
Huntsville, Texas 77340 of Corrections to spend building
appropriation on employment of
guards.
Dear Mr. Estelle:
You inquire about the proper interpretation of the following rider to the
appropriation for the Department of Corrections.
BUILDING PROGRAM:
The amounts appropriated above for the “Building
Program” are made subject to construction and com-
pletion of said projects by the use of prison labor
insofar as possible.
Such building appropriations may be used to pay
salaries of engineers, superintendents and supervisors
of construction; architectural fees and the actual and
necessary travel expenses incurred by them or their
representatives in making special trips of inspection at
the instance of the Board of Corrections or the
Director of the Department of Corrections during
construction or repair of buildings or installation of
fixed equipment in such buildings. The State
Classification Officer shall approve job titles and rates
of pay for such salaried positions.
Acts 1977, 65th Leg., ch. 872, at 2870. This provision governs the expenditure
of funds appropriated for specific construction projects. Ia, at 2865. It has
appeared in appropriation acts since 1957. See General Appropriations Act,
Acts 1957, 55th Leg., ch. 385, at 1049. See a1so.T.C.S. art. 6203c, 5 4.
You wish to know whether this rider authorizes you to spend funds
appropriated for a particular construction project to employ security
I?. 4724
Honorable W. J. Estelle, Jr. - Page 2 (H-11681
personnel for the inmate labor force working on the project. The specific line item
you inquire about provides:
7. Building Programs
. . .
c. Flood Control Levee at Coffield Unit 1,500,OOO U.B.
Acts 1977, 65th Leg., ch. 872, at 2865.
In our opinion, you may pay the costs of guarding an inmate labor force from
this appropriation, if reasonably necessary to the completion of the project using
inmate labor. We caution, however, that only those security costs directly
attributable to the construction project may be charged to the project’s
appropriation item. Although the rider specifies that building appropriations “may
be used to pay salaries of engineers, superintendents and supervisors of construc-
tion,” we do not believe that listing is exhaustive. If inmate labor were not used,
the salaries of construction workers would have to come from the building
appropriation. See Attorney General Opinions H-1035 (19771; S-109 (1953); V-384
(1947). -
SUMMARY
The Department of Corrections may use part of its Building
Program appropriation to provide security for an inmate
labor force, where the expenditure is reasonably necessary
to the completion of the project using inmate labor.
,+.ew7p
JOHN L. HILL
Attorney General of Texas
APPROVED: d
DAVID M. KENDALL, First Assistant
p. 4725
Honorable W. J. Estelle, Jr. - Page 3 (H-1168)
C. ROBERT HEATH, Chairman
Opinion Committee
jsn
P. 4726