Untitled Texas Attorney General Opinion

E-ATTORNEY GENERAL OF TEXAS AUSTIN. TEXAS 78711 March 18, 1977 The Honorable Joe Resweber Opinion No. H-959 County Attorney Harris County Courthouse Re: Validity of Texas Houston, Texas Youth Council Community Assistance Program funding formula. Dear Mr. Resweber: You have requested our opinion concerning the consti- tutionality of a community assistance funding formula of the Texas Youth Council. See V.T.C.S. art. 5143d, S 6. The formula would grant funds on the basis of reductions of committments of youths from the county to the Youth Council. You have asked whether this incentive to reduce commitments would violate article 2, section 1 of the Texas Constitution as an infringement upon the power of the judiciary to dispose of cases involving juveniles. Article 2, section 1 prohibits a person of one of the departments of state government from exercising powers properly attached to either of the other two departments. State Board of Insurance v. Betts, 308 S.W. 2d 846 (Tex. 1958).The Ruth Council5 funding formula merely provides an incentive for a reduction in commitments to Youth Council facilities. The Youth Council has not attempted to limit its acceptance of such commitments or otherwise to require such a reduction. We do not perceive any exercise of judicial powers by the Youth Council. The funding formula is merely an incident of the exercise of the Council's administrative power to grant funds for local programs. Accordingly, in our opinion the funding formula does not violate article 2, section 1 of the Texas Constitution. p. 4000 The Honorable Joe Resweber - page 2 (H-959) SUMMARY The Community Assistance funding formula of the Texas Youth Council does not violate article 2, section 1 of the Texas Constitution. ery truly yours, Attorney General of Texas APPROVED: KENDALL, First Assistant C. ROBERT HEATH, Chairman Opinion Committee jwb p. 4001