TEE ATTORNEY GENERAL
OD? TEXAS
JOHN L. E11.r. AUSTIN. TEXAS 78711
A’I’TOENECY OENEZRAL
August 13, 1973
Honorable Alton R. Griffin Opinion No. H- 83
District Attorney
Lubbock County Courthouse Re: Effect of Senate Bill
Lubbock, Texas 79401 123, 63rd Leg., upon
the jurisdiction of the
Texas Youth Council
Dear Mr. Griffin: over 18 year olds
Your letter asks:
“The question arises as to whether or not
the Texas Youth Council loses its present power
to order reconfinement of a child after the child
has attained his eighteenth (18) birthday. A further
question will also arise as to whether or not the
Texas Youth Council would have to order the re-
lease of any person reconfined prior to September
1, 1973, if that person is eighteen (18) years or
older. ‘I
Generally the Texas Youth Council is governed by the provisions of
Article 5l43d, V. T. C. S. The Act provides in its $ 31: “Every child com-
mittedto the Youth Council as a delinquent, if not already discharged, shall
be discharged from custody of the Youth Council when he reaches his twenty-
first bir,thday. ”
Senate Bill 111, Title 3 of the Family Code, V. T. C. S., effective Sept-
ember 1, 1973, provides in 8 54.04 for a hearing to determine the disposition
to be made of each case after the adjudication hearing. The alternatives
available to the court cover a wide range and include commission>or commit-
ment to the Texas Youth Council. Section 54.05(b) ,of Title 3 provides: “All
dispositions automatically terminate when the child reaches his eighteenth
birthday. ‘I
p. 380
The Honorable Alton R. Griffin, page 2 (H-83)
It is therefore our opinion, in answer to your questions, that upon
the effective date of Senate Bill 111 the Youth Council will lose its power
to order reconfinement of a child after the child has attained his eighteenth
birthday. Further, we are of the opinion that any child presently in the
custody of the Youth Council who will have attained his eighteenth birthday
on or before A.ugust 27, .1973, should be released upon the effective date of
Senate Bill ,123.
Senate Bill 123, which becomes effective August 27, 1973, reads (in
part) :
“Set tion 1. The purpose of this Act is to extend
all the rights, privileges, and obligations of majority
to all persons who are at least 18 years of age. It
shall be construed liberally to accomplish that purpose,
“Sec. 2. Notwithstanding any statutory or deci-
sional law, or any rule, regulation, :or ordinance of
this state or of any political subdivision or%incorporated
city or town of this state, a person who is at least 18
years of age has all the rights, privileges, and obligations
of a person who is 21 years of age. A. law, rule, regula-
tion, or ordinance which extends a right, privilege, or
obligation to a person on the basis of a minimum age of
21, 20, or 19 years shall be interpreted as prescribing
a minimum age of 18 years. ”
The right to be released upon the attainment of 21 years of age would
appear to be a right based upon a minimum age (reaching a majority) and,
thus, under Senate Bill l23, will be available to person aged 18 after August
27, 1973. See Attorney General Opinion H-82 (1973).
SUMMARY
Upon the effective date (September 1, 1973) of
Senate Bill 111, 63rd Leg. , R. S. (Title 3 of the Family
Code), the Texas Youth Council will lose its power to
p. 381
The Honorable Alton R. Griffin, page 3 (H-83)
order reconfinement of a child after the child has
reached his eighteenth birthday. Any child confined
with the Youth Council who will have attained his
eighteenth birthday on or before August 27, 1973,
should be released on that date - - the date upon
which Senate Bill 123, 63rd Leg., R. S., emanci-
pates persons 18 years old from disabilities of legal
infancy.
Very truly yours,
Attorney General of Texas
APP%V D:
IY
DAVID M. KENDALL, Chairman
Opinion Committee
p. 382