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-