### THEAYTORNEY GENERAL

Dr. James A. Turman Executive Director Texas Youth Council State OfficeBuil&ing Austin, Texas

Dear Dr. Turman: 

### OFTEXAS

April 26, 

### 1960

OpinionNo.

### w'W-828 Re: Does the Texas Youth Councilhave authority, under existing law, to establish a new institution or schoolwhen funds are available for that purpose, and related questions. You have requested the opinion of this office in answer to certain questionswith reference to the establishment of a new school or institution. Your first question Is as follows: "1* Does the Texas Youth Council

have the authorityunder existing law (Article5143d, Section 26 (a)and.(b) to establisha new Institutionor school when funds are available for the purpose?" Sectlon 

### 26,Article 5143d,Vernon's Civil Statutes, provides: "When funds are available for the

purpose, the Youth Councilmay: "(a) Establish and operate places for detention and dlagnosls of all delinquent children committed' to it; "(b) Establish and operate addltlonal treatmentand training facilities, lncludlng forestry or parks-maintenance camps and boys' ranches,necessary to classify and segregateand handle juvenile delinquents of differentages, habits and mental and physical condition according to their needs;"Dr. James A,. Turman, page 2 (~~-828).

We are of the opinion that this question is answered in the affirmative. The Texas Youth Council,which was created by the 55th Legislature in 1957, was granted the control and administration of the State's correctional facilities for delinquent children, At the time of Its creation, the Legislature recognized the fact that the'correctionalfacilities were crowdedand totally Inadequate. Realizing the need for new facilities, the Legislatureprovided this method of establishing new schools and institutionsby the Youth Councilwhen funds are available,

Your second question Is ashfollows: "~2
. Does House Bill 4, Article II, Section 1, Line Item 13, Appropriations for the Texas Youth Council (CentralOffice), provide funds for the Texas Youth Council to constructa new school for delinquent boys, at Gatesvllle?" This question is likewiseanswered in the affirmat for the General AppropriationBill (HouseBill 4, Acts, 56 Legislature, Third Called Session, 

### 1959,Chapter 23, page provides: ive :;71,

"13. For construcing, equipping, furnishing, paying architect's feea, and perimeter fencing of a new school for delinquentboys to be loactedat Gates- $&$a& added)",* ' * ' .l,gg8,ooo." Your third question reads as follows: "3
. If your answers to the above questionsare in the affirmative,has the Legislature created a New State Institution separate and apart from the existing Gatesville School for Boys?" The above quoted portion of the General Appropriation Bill provides funds for a "new school for delinquentboys to be located at Gatesville." The languageused by the 56th Legislature is very plain and explicit. funds for a'hew school" They have appropriated and nowhere do they Indicate that this new school shallbe part of or even contiguous to the existing State School for Boys at Gatesville. However, it should be noted that it does not follow that the new school could not beDr. James A, Turman, page 3 @w-828).

contiguous to the existing State school. In view of this, it is our opinion that the Legislaturehas provided funds for the establishmentof a New State Institutionthat is separateand apart from the existing institutionnow located at Gatesville.

Your fourth question Is: “4. If your answers to the above questions are in the affirmative,will additional statutoryauthoritybe required before the Council can request, and the Legislatureappropriate, the necessary funds for the operation of the new school?" Section 44 of Article III of the Texas Constitution provides that appropriationsmust be authorizedby pre-existing law. We are of the opinion that Section 26 of Article 5143d, Vernon's Civil Statutes, constitutes pre-existing law upon which appropriationsmay be made. Therefore,additional statutory authoritywill not be requiredbefore the Council can request and the Legislatureappropriate funds necessary for the operation of the new school.

SUMMARY

The Texas Youth Councilhas authority under Section 26 of Article 5143d, Vernon's Civil Statutes, to establish new schoolswhen funds are available for that purpose. House Bill 4, Article II, Section 1, provides funds for the construction of a new school for delinquentboys at Gafesville, and it will be separate and apart from the existing Gatesville State School for Boys.Dr. James A. Turman,page 4 (~~-828).

Additional statutoryauthoritywill not be requiredbefore the Legislature may appropriate operating expenses for the new school. Yours very truly, WILL WILSON Attorney General of Texas

James M. Farris

JMF:mfh APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Martin DeStefano John L. Estes RobertT. Lewis Donald R. Benard REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore