February 10, 1975
The Honorable Steve W. Simmons Opinion No. H- 521
District Attorney
401 City-County Bldg. Re: Whether Texas Youth
El Paso, Texas 79901 Council must accept juvenile
aliens properly committed to
it by a juvenile court.
Dear Mr. Simmons:
You ask whether the Texas Youth Council (TYC) is required
to accept juvenile aliens that have been properly committed to it by
a state juvenile court in accordance with section 54.04 of the Texas
Family Code. You advise that on occasion the TYC has refused to
accept juvenile aliens committed to it by a juvenile court in your
district, apparently on the grounds that it is prohibited from accept-
ing aliens by a rider contained in the current General Appropriations
‘.
Act which provides:
e. ADMISSION AND DEPORTATION OF
NONRESIDENTS AND ALIENS. None of the moneys
appropriated to the Department of Health, Depart-
ment of Mental Health and Mental Retardation and
the Texas Youth Council may be expended for the
training or medical treatment except in emergencies
of any student or patient who is not a citizen or resident
of this state. For the purpose of this provision,
affidavits from two.reputable persons shall be deemed
adequate evidence of citizenship or residency.
The cost of deporting any nonresident or alien may
be paid by any of the institutions covered by this Section
from appropriated funds available to such institutions. . . .
p. 2349
,-- ,
The Honorable Steve W. Simmons page 2 (H-521)
Acts 1973, 63rd Leg., ch. 659, p. 1881.
Under the Texas Family Code, once a juvenile court has
determined that a child brought before it has engaged in delinquent
conduct, the court may commit the child to the TYC. Family Code
§ 54.04(d)(2). The TYC is not authorized to refuse to admit a child
properly committed to its custody by a juvenile court. Family Code
§ 54.04(e).
The rider to the TYC’s appropriations concerning the admission
and deportation of aliens does not provide that aliens committed to the
TYC shall not be accepted. Rather it indicates that the TYC will admit
aliens and nonresidents that have been committed to it and then take
steps to have them deported. While aliens and non-residents remain
in the TYC’s custody, the rider provides that no appropriated funds
shall be expended for their training or for medical treatment of them
except in case of an emergency.
Thus there is no conflict between this rider and the relevant
provisions of the Family Code. Under both the TYC is required to
accept all children --including aliens-- properly committed to it by
the State’s juvenile courts. We do not consider other questions
involving the rider.
SUMMARY
The Texas Youth Council must accept all
children, including aliens, properly committed
to it by the State’s juvenile courts. The Legis-
lature has limited the funds which can be spent
on aliens who remain in the custody of the Texas
Youth Council prior to deportation.
Very truly yours,
&K&
/ /Attorney General of Texas
p. 2350
3
The Honorable Steve W. Simmons page (H-521)
APPROVED:
DAVID M. KENDALL, First Assistant
C, ROBERT HEATH, Chairman
Opinion Committee
p. 2351
J