THEAYTORNEY GENERAL 

Dr. James A. Turman 

Executive Director 

Texas Youth Council 

State Office Buil&ing 

Austin, Texas 

Dear Dr. Turman: 

OFTEXAS 

April 26, 1960 

Opinion No. w'W-828 

Re: Does the Texas Youth 

Council have authority, 

under existing law, to 

establish a new institution or school when funds 

are available for that 

purpose, and related 

questions. 

You have requested the opinion of this office in 

answer to certain questions with reference to the establishment of a new school or institution. Your first question Is 

as follows: 

"1 * Does the Texas Youth Council 

have the authority under existing law 

(Article 5143d, Section 26 (a) and. (b) 

to establish a new Institution or 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 Council may: 

"(a) Establish and operate places 

for detention and dlagnosls of all delinquent children committed' to it; 

"(b) Establish and operate addltlonal treatment and training facilities, lncludlng forestry or parks- maintenance 

camps and boys' ranches, necessary to 

classify and segregate and handle juvenile delinquents of different ages, 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'correctional facilities 

were crowded and totally Inadequate. Realizing the need for 

new facilities, the Legislature provided this method of establishing new schools and institutions by the Youth Council when 

funds are available, 

Your second question Is ash follows: 

"~2 .Does House Bill 4, Article II, 

Section 1, Line Item 13, Appropriations 

for the Texas Youth Council (Central Office), provide funds for the Texas Youth 

Council to construct a new school for delinquent boys, at Gatesvllle?" 

This question is likewise answered in the affirmat 

for the General Appropriation Bill (House Bill 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 

delinquent boys to be loacted at Gates- 

$&$a& added)", * ' * ' 

.l,gg8,ooo. " 

Your third question reads as follows: 

"3 . If your answers to the above 

questions are 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 delinquent boys to 

be located at Gatesville." The language used 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 shall be 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 be 
Dr. James A, Turman, page 3 @w-828). 

contiguous to the existing State school. In view of this, 

it is our opinion that the Legislature has provided funds 

for the establishment of a New State Institution that is 

separate and apart from the existing institution now located at Gatesville. 

Your fourth question Is: 

“4. If your answers to the above 

questions are in the affirmative, will 

additional statutory authority be required before the Council can request, 

and the Legislature appropriate, the 

necessary funds for the operation of the 

new school?" 

Section 44 of Article III of the Texas Constitution 

provides that appropriations must be authorized by pre-existing 

law. We are of the opinion that Section 26 of Article 5143d, 

Vernon's Civil Statutes, constitutes pre-existing law upon 

which appropriations may be made. Therefore, additional statutory authority will not be required before the Council can request and the Legislature appropriate funds necessary for the 

operation of the new school. 

SUMMARY 

The Texas Youth Council has authority under Section 26 of Article 5143d, 

Vernon's Civil Statutes, to establish 

new schools when funds are available 

for that purpose. 

House Bill 4, Article II, Section 1, 

provides funds for the construction of 

a new school for delinquent boys 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 statutory authority will 

not be required before 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