### E ORNEY GENERAL

December 31, 1957

Dr. James A. Turman Executive Director Texas Youth Council Austin, Texas

Dear Dr. Turman: OpinionNo. WW-340
Re: Can the Comptrollerapprove warrants covering the cost of transportationfor wards of the Texas Youth Council being released under supervislon to points outside the State of Texas,pursuant to reciprocal agreementswith the receiving state to assume supervision over such wards? And related questions.
You have requested our opinion on whether the Comptroller can approvewarrants Issued to cover the cost of transportation of wards of the Texas Youth Council released under supervision to points in other statesunder an agreementwith the foreign state to assume parole supervisionover said ward.

In Attorney General's OpinionWW-294, dated October 31, 1957, we discussed the general authority granted to the Texas Youth Councilunder the laws of Texas to furnish transportation to theirwards to places outside the State of Texas and determined that under this authority only those studentsunder parole supervision could be transported,and that said parole supervisionunder the authority of the Texas statutes could not extendbeyond the Texas boundarieswithout giving extra territorial affect to the laws of Texas.

Your present questions,however, raise additional facts, namely, agreementsby sister states to assume supervision over the wards sent to them by the Texas Youth Council. It is our opinion that where a reciprocal agreementhas been entered into with officers of alater states for the continued supervision of wards of the Texas Youth Councilwho are sent to said sister state, the problem of extra territorial affect of the Texas law is removed and such situation creates ailexception to the general language In Attorney General's OpinionWW-294. Consequently, transportationmay be furnishedwards to sister states pursuant to an agreementby the sister state to assume supervision over saidward for the Texas Youth Council.Dr. James A. Furman, Page 2 (WW-340)

You have asked us the further question as to the authority of the Texas Youth Council to pay for the transportation of escapees and parole violators back to the institution from which they escaped or were released.

Acts 55th Legislature,Regular Session, 1957, Chapter 281, page 667, reads, In part, as follows:

"Sec. 27. any time, until Council, resume The Youth Councilmay, at

&aily discharged by the Youth the care and custody of any child released under parole supervision. (Emphasisours) 11

. . . “Sec. 29. A boy or girl committed to the Youth Council as a delinquent child and placed by it In any Institution or facility,who has escaped therefrom, or who has been released under supervisionand broken the conditions thereof, may be arrestedwithout a warrant by a sheriff, deputy sheriff, constable,police officer, or parole officer employed OP designatedby the Youth Council,and may be kept In custody In a suitableplace and there detaineduntil suchboy or girl may be returned to the custody of the Youth Counoll."
It Is our opinion that the above sectionsnecessarily Imply and show the Intent of the Legislature that the Texas Youth Councilhas the authority to furnish transportation to return escapees and parole violators to the proper institution. Consequently,the Comptrollermay approve warrants covering the cost of transportation for returningparole violators and escapees from Institutionsunder the control of the Texas Youth Council.

SUMMARY

The Comptrollermay approve warrants covering the cost of transportation for students of the Texas Youth Council being released under supervision to other states pursuant to reciprocal agreementswith such foreign state to assume parole supervision. The Comptrollermay also approve.

Dr. James A. Turman, Page 3 (Ww-340)

warrants covering the cost of transportation for returningparole violators and excapees from lnstltutlonsunder the control of the Texas Youth Council to the proper institution.Very truly youpa, WILL WILSON Attorney General of Texas

‘, 2, By r.-~''~_

:_I ;/L, ::':,

1, *,;jl/ ,, :,, Galloway Calhoun, Jr. Assistant GC:mg:jl
APPROVED: OPINION COMMITTEE
Geo. P. Blackburn, Chairman
J. C. Davis, Jr.
W. V. Geppert Leonard Passmore
REVIEWED FOR THE ATTORNEY GENERAL BY: James N. Ludlum