.
R-151 '. "
ORNEY- GENE-L,
Q,F EXAS
PRICE DANIEL
..wTORNEYGENERAL
June 4, 1947
Honorable Il. Riley Wyatt
Chairmb, State Prison Board
San Antonio,,Texas Opinion Do. V-233
Re: Authority of Prison
Board to direct gen-
eral manager to per-
mit the use of in-
mate labor on sewer
project with City
of Huntsvi,lle
0
Dear Yr, Wyatt:
Receipt is acknowledgedof your supplemental
request for an opinion on the authority of the Prison
BoarU .touse inmate labor in the improvementand en-
largement of a sewerage disposal plant owned by the
City of Huntsville and used by the Prison System at
.Runtsville.:Your supplementalletter furnishesmater-
ial information
'. which was not available to this office
when Opinion No, V-105 was rendered. That information
relates to a lease agreement between the City of Hunts-
ville and the Prison System dated E&y 20, 1939, where-
by the Prison System is given the right and privilege
of the use of the disposal plant for a 10 year period,
The contract further provides that if, because of in-
creased volume of sewerage or other cause, the dis-
posal plant requires extensions, improvements,or re-
pairs, thenPrison System will cooperatewith the City
upon the basis of population served for the System and
for the City,
It is our understandingthat the authority
desired relates to the enlarging and improving of such
sewerage.disposal plant, From the 'informationftamish-
ed by you, it appears that this disposal plant, serv-
ing the Prison at Huntsville, is so inadequatethat
won aeqerage is being discharged into the fields near
~.~,theprison; and that the State Health Officer, Dr,
George W, Coxs 16.D, p is seriously concernedwith the
problems presented,
Honorable Y. 8!Lls~$Wyatt - Pago 2
', :,’
Article 6166a, Vernon's civil Statutes,Acts
of the .$OthLegisJatUr% reads as follows:
*It shal,lbe the policy of this State,
in the onerationand management of the Pri-
gun System,,to so manage and conduct the
same in thst maimer as will be consistent
with the,operation of a modern prison sys-
tem, and with the view of making the Sgs-
i-
em se1 -susta n ; an
victed of'violatingthe law and sentenced
to a termin the SEate Penitentiaryshe,11
have humane treatment,and be given op-
portunity,encouragementand training in
:the matter ef reformation. All prisoners
shall ~be'workedwithin the prison walls
and.upon rarms owned or leased by the
State; and in no event shall the labor
of a'prisoner be sold to any contractor
or lrssee to work on farms, or elsewhere,
nor shall'any prisoner be worked on any
fam or otherwise, upon shares, exoept
such fana be owned or leased by the State
~of Toxaa.w (kphasis added),
Article 62030, enacted subsequent to Article
6166a, above quoted, provides in part:
"so~tion 1. The purpose of this act
is to renovate,improve and rehabilitate
the central unit of the Texas Prison Sys-
trr at Huntsvillr . . , it being the leg-
islative intent to first relieve the emer-
genay now rxisting in the walls at Hunts- :
ville by providing for reasonable sanita-
tion . i s within this unit . . .
*Section 2. To accomplish the pur-
osea enumaratd hrrrin the Texas Prison
&a rd is authorized and directed as fol-
low8:
A. To equip the present
property within the walls with ~'
rsasonable,sanitarydevices in- ,'
clnding~theinstallationof a
8mr splrtuafor lll,orll block :
ana et othor'pointsthemiu ii "
naedrd~. L .
Fp The Frisoo E@w4 18'
'fu;g+r directed to teak8 rach
, other and additional,as
are-'incidentor necessary to ef-
feotuate any and all of the sev-
era1 undertakingshorein rprolal-
ly dolineatsd.
',Veation 4. In the emction.of the im-
prsvements authorized by this Act, it shall
br the duty of the Prison Board to use prison
labor when practicable . .,.*
The Legislature in Article 6166e h&t expres-
reg~.adominant purpose that the Texas Prism Sgatem be
a modern, self-sustainingone. By Article 6203c, it
made provisions for the correction cf'the sanitary sys-
tem at the prison at Huntsville. The Legislature speoi-
finally authorized the installationof a sewer system
within the malls, authorizingthe Prison System to take
auellether an8 additional steps as were incident and
ieessaary to carry out such purpose. Such work was to
Lo done with prison labor when practicable.
In the nature af things,~itis absolutely
nooessary that the sewerage of the system.be disposed
Of. The sanitary system within the walls must have an
adrquate~d,ispoaaloutlet. The Prison System has, by
contraat; obtained the use of'the disposal system in
question, under a 10 year lease a,greement.
It i8 OUk belief that the enlargw and re-
&ring sf snch plant is within the discretion given
to the ?&eon Board under Article 620~2, quoted above,
as am inoiarnt ard necrssary operation to sffectuate
ccmditions 0r the Prism System
the dO8fr8a craziitary
ileaimtellbcjArticle 62030; and that priscm labor may
br'a#eQ Ln t&o aampletion of such work.
Tha statutes provide that such prison labor
shall mat bo sold, and that prisoners shall not be
workrd upon shares. The furnishing of suohlabor by
the Sy8t8MmU8t be for the benefit of the Prison; and
tlprirlabor must be under the superviaionof the Sya-
ta mt notion of tlaecontract which restricts
the aoapWati@n of tb System to the proportion of
priaen pmat;l&i served thereby would~seem to assure
i&t w wrh f%rni&~d would be for the benefit of'
t@e &f8trg; aa(.art rar iny third parties.
_. .
Eonorabld M. Riley:@ya$t - Page 4
Because br the additional facts furnished
in your supplementalletter, Opinion No. V-105 is
to be distinguishedfrom this opinion. Its general
conclusiok, based upotithe facts then at hand, are
correct. We reach a airrerent final conclusionin
this opinion based strictly upon a new and different
fact situation. >
,I
SUMMARY r
i
The Texas Prison Board is authorized ,
to direct the use of'prison labor to en-
large and improve-the sewerage disposal
plant used by the Prison System at the pri-,
son in Huntsville, where such plant is
available to such System under a .'joint-
use 10 year lease agreement between the
City of Huntsville and the Prison System,
and where the cooperationof the System
in such improvementis limited to the pro-
portionate use.by the prison of such im-
provements.
:' Yours very truly
ATTORNEY GENERAL OF TEXAS :
.
,:BY
.i ?ftiff
Assistant
APPROVED: