E ORNEY GENERAL 

December 31, 1957 

Dr. James A. Turman 

Executive Director 

Texas Youth Council 

Austin, Texas 

Dear Dr. Turman: 

Opinion No. WW-340 

Re: Can the Comptroller approve 

warrants covering the cost 

of transportation for wards 

of the Texas Youth Council 

being released under supervislon to points outside the 

State of Texas, pursuant to 

reciprocal agreements with 

the receiving state to assume 

supervision over such wards? 

And related questions. 

You have requested our opinion on whether the Comptroller can approve warrants Issued to cover the cost of transportation of wards of the Texas Youth Council released under supervision to points in other states under an agreement with the 

foreign state to assume parole supervision over said ward. 

In Attorney General's Opinion WW-294, dated October 

31, 1957, we discussed the general authority granted to the Texas 

Youth Council under the laws of Texas to furnish transportation 

to their wards to places outside the State of Texas and 

determined that under this authority only those students under 

parole supervision could be transported, and that said parole 

supervision under the authority of the Texas statutes could not 

extend beyond the Texas boundaries without giving extra 

territorial affect to the laws of Texas. 

Your present questions, however, raise additional 

facts, namely, agreements by sister states to assume supervision 

over the wards sent to them by the Texas Youth Council. It is 

our opinion that where a reciprocal agreement has been entered 

into with officers of alater states for the continued supervision 

of wards of the Texas Youth Council who are sent to said sister 

state, the problem of extra territorial affect of the Texas law 

is removed and such situation creates ail exception to the general 

language In Attorney General's Opinion WW-294. Consequently, 

transportation may be furnished wards to sister states pursuant 

to an agreement by the sister state to assume supervision over 

said ward 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 Council may, at 

&aily discharged by the Youth 

the care and custody of any child 

released under parole supervision. (Emphasis ours) 

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 

supervision and broken the conditions thereof, 

may be arrested without a warrant by a sheriff, 

deputy sheriff, constable, police officer, or 

parole officer employed OP designated by the 

Youth Council, and may be kept In custody In a 

suitable place and there detained until such boy 

or girl may be returned to the custody of the 

Youth Counoll." 

It Is our opinion that the above sections necessarily 

Imply and show the Intent of the Legislature that the Texas 

Youth Council has the authority to furnish transportation to 

return escapees and parole violators to the proper institution. 

Consequently, the Comptroller may approve warrants covering the 

cost of transportation for returning parole violators and 

escapees from Institutions under the control of the Texas Youth 

Council. 

SUMMARY 

The Comptroller may approve warrants 

covering the cost of transportation for 

students of the Texas Youth Council being 

released under supervision to other states 

pursuant to reciprocal agreements with 

such foreign state to assume parole supervision. The Comptroller may also approve 
. 

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

warrants covering the cost of transportation for returning parole violators and 

excapees from lnstltutlons under 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