OF -XAS
FvILI. WILSON
A-RNEY GENERAL.
December $5, 1959
Mr. James A. Turman Opinion NO. ww-760
Executive Director
Texas Youth Council Re: Can the Texas Youth Coun-
Austin, Texas cil approve the, payment of
rent for the Business Mana-
ger at Crockett State School
for Girls In lieu of provid-
ing a house and utilities on
the grounds in a State owned
Dear Mr. Turman: building?
You have requested an opinion from this office as
to whether the Texas Youth CounFll can pay rent for the
housing of the Business Manager,& Crockett State School
for Girls In lieu of providing house and utilities a8
set out In House Bill 4, Sectj.on 1, Article II, Appro-
priations to the Institutions under the control of the
Youth Council, Chap. 23 at p. 485, Acts of the 56th Leg-
islature, Third Called Session, 1959.
Section 20 of Article 5143d of Vernon's Civil Stat-
utes, In establishing the Texas Youth Council, provides
as follows in regard to emoluments:
"The Youth Council shall, from time
to time, apppint a superintendent for each
of sa:~d schools and instltutlons;and upon
the recommendation of the superintendent
shall appoint all other officjals, chaplains,
teachers, and employees required at said
schools and institutions and shall pre-
scribe their duties. The superintendent of
any school or other facility for the care of
girls exclusively shall be a woman. The
superintendent, with the consent of the Exe-
cutive Director,. may discharge any employee
for cause.
"The salaries, compensation, and emolu-
ments of the superintendents and subordinate
Mr. James A. Turman, page 2 (W-760)
officials, teachers, and employees shall
be fixed as provided by. the Legislature.”
This provision leaves the determination of the.emolu-
ments up to the Legislature in the appropriation pass-
ed for the particular years in auestion.
In the Appropriation Act for the present bien-
Mum, the Legislature provided in Section 37, Article
II, the following:
“The Superintendent of all lnstltu-
tions under the Council shall be furnished
a house, utilities, laundry and maid. The
Business Managers of all institutions shall
be furnished a house, utllltles, and laun-
dry. The Assistant Superintendents of the
Gatesville State School and the Gainesville
State School shall be furnished a house,
utilities and laundry. The, Dean of Students
of the Waco State Home’and the Corsicana
State Home shall be furnished a house and
ut!_llties. No other employees of these in-
stitutions shall be granted emoluments.
Commissary privileges shall not be avall-
able to any employee of the Youth Council.”
Though the Appropriation -Act does not specifically
authorize the payment of rent In lieu of furnishing a
house, it Is evident that it was intended for the Busi-
ness Manager to be housed at the expense of the State as
-a part of the emoluments of his office. The payment of
rent fulfills the Intent of the Legislature to provide
a house because the rent paid enables the Business Mana-
ger of the Crockett School to secure housing at the State’s
expense. In Wood v. State, 133 Tex. 110, 126 S.W. 2d 4
(1939) the Texas Supreme Court said, in discussing a
statute:
“It is the settled’law that statutes
should be construed so as to carry out the
leglslat ive intent, and when such intent
is once ascertajned, it should be given
effect, even though the literal meaning
of the words used therein Is not follow-
ed. . . .‘I
. I
Mr. James A. Turm?n, page 3 (h~+760)
Since your opinion request states that no hous-,
ing is available at the Crockett School, and the
Legislature did not sijecify that a house was to be
built,by the Texas Youth Council, and did not pro-
vide funds for erecting a building, and It Is clear
that it intended that the Business Manager of Crock-
ett School was to be housed at the State’s expense,
it Is our opinion that the Texas Youth Council may pro-
vide a house for the Business Manager of this School
by paying a reasonable amount o.f rent for such hous-
ing .
The question as to the Comptroller’s authority
to Issue warrants In payment of such rent is also
answered in the affirmative. The Comptroller has only the
ministerial duty of issuing the State warrants.
This opinion only applies to the Crockett School
and is not to be construed to mean that the Texas.
Youth Council can substitute rent in lieu of providing
a house whenever It so desires. Where a state bulld-
lng is available for the person entitled to housing
under the Appropriation Act it must be utilized by
that person.
Payment of the rental money may be made from ’
line Item No. 3 of the present ‘biennium appropriation
under Article II Appropriation to the Colored Girls
Training School.
SuMPmY
The Texas Youth Council Is
authorized to approve the pay-
ment of rent for the housing
of the Business Manager of the
Crockett State School for Girls
in lieu of providing a house
and utilities on the grounds in
State owned housing where State
housing is not available. The
Comptroller must issue State
Mr. James A. Turinan, page 'I (W-761)
v:arl;ants to pay the rent in
question.
Vwy truly yours,
WILL WILSON
Attorney General of Texas
BY
John C. Steinberger 2"'
Assistant
JCS:ms
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
J. Arthur Sandlln
Charles D. Cabaniss
Jay D. Hwell
RXey Eugene Fletcher
REVIEWEDFOR THE ATTORNEYGENERAL
BY Leonard Passmore