c 

THE A~TORNET GEMIEE-CAI. 

OFTEXAS 

The Honorable Ron Jackson 

Acting Executive Director 

Texas Youth Council 

201 E. 14th Street 

Austin, Texas 78701 

Dear Mr. Jackson: 

Opinion No. H- 160 

Re: Whether students may 

be assigned to Training 

Schools of the Texas 

Youth Council on a 

coeducational basis 

By your letter of October 15, 1973, you indicate that “the Texas Youth 

Council is contemplating the assignment of students who have been adjudged 

delinquent to its training schools on a coeducational basis. ” You request 

the opinion of this office as to whether any legal prohibition to such practice 

exists. 

We are of the opinion that this question should be answered that there 

is no prohibition. The Texas Youth Council was created by the 55th Legislature in 1957. Article 5143d, V. T. C. S. The title of the Act (Acts 1957, 

55th Leg., ch. 281, p. 660) provides: 

“An Act creating a Texas Youth Council for the 

protection, care, training and supervision of 

certain classes of children and youth of the state, 

and, among other things, defining its powers, 

duties and functions. . . .I’ 

Section 2 of the Article 5L43d provides that: 

“This Act shall be liberally construed to accomplish 

the purpose herein sought. ” 

Section 5, in which the powers and responsibilities of the Texas Youth 

Council are set forth, states in part that: 

p. 742 
. . 

The Honorable Ron Jackson, page 2 (H-160) 

“(b) The Texas Youth Council shall be responsible 

for the adoption of all policies and shall make e 

rules appropriate tohe proper accomplishment of 

its functions. ” (emphasis added) 

The major duties and functions of the Texas Youth Council are declared 

in $6, which provides in part that the Texas Youth Council shall: 

“(d) Administer the diagnostic treatmentand trainingand 

stipervisbryfacilities and s&vices of the state for delinquent 

children committed to the state. Manage and direct 

state training school facilities and provide for the coordination and combination of such facilities,as deemed 

advisable by the Texas Youth Council, and for the creation of new facilities within the total appropriation provided by the Legislature; exercise administrative control over all other institutions and facilities under its 

jurisdiction. ” (emphasis added) 

By virtue of the foregoing sections to Article 5143d, we are of the 

opinion that the Legislature intended to vest in the Youth Council as much 

authority as possible in determining the policies and rules for treatment 

and disposition of juveniles committed to the Council. We conclude that 

Article 5143d provides the Youth Council with the power to authorize the 

assignment of students to state training schools on a coeducational basis if, 

in the opinion of the Council, it will help facilitate the accomplishment of 

the purpose of such institutions. 

We are of the opinion that the Legislature did not intend to require 

sexually segregated training institutions. 

Sections of Article 5143d, in addition to those quoted heretofore, support 

our opinion by implication. Section 20, for example, relates to the appointment of superintendents for the schools and institutions. It provides in part 

that: 

“The superintendent of any school or other facility 

for the care of girls exclusively shall be a woman.” 

(emphasis added) 

p. 743 
. 

The Honorable Ron Jackson, page 3 (H-160) 

By use of the word “exclusively, ” we believe that the Legislature anticipated 

that males and females might be assigned to state training schools on a 

coeducational basis. 

Section 26(b) states in part: 

“When funds are available for the purpose, the Youth 

Council may: . . . 

“(b) Establish and operate additional treatment 

and training facilities, including forestry or parksmaintenance camps and boys’ ranches, necessary to 

classify and segregate and handle iuvenile delinquents 

of different ages, habits and mental and physical condition according to their needs. ” (emphasis added) 

Despite the reference to the establishment of boys’ ranches, we conclude 

that $26(b) does not require classification and segregation of juvenile delinquents 

on the basis of the sex of said juveniles alone. 

We have found nothing in legislation enacted prior to the passage of 

Article 5143d concerning the treatment and custody of children judicially 

declared to be juvenile delinquents expressly prohibiting the assignment of 

children to state training schools on a coeducational basis. Some earlier 

statutory provisions have, however, reflected the traditional separate treatment and custody of males and females. In view of our opinion that Article 

5143d vests in the Youth Council the authority and power to determine all 

policies and rules of the state training institutions, and hence to assign 

students to said institutions on a coeducational basis, we conclude that any 

inferences possibly drawn from such earlier statutes detracting from that 

power and authority are rendered inapplicable to the Youth Council by 5 39 

of Acts 1957, 55>th Legis., p; 660, ch. 281 (Article 5143d) which provides that: 

“All laws and parts of laws in conflict with the 

provisions of this Act are hereby repealed to the 

extent of such conflict only. ” 

p. 744 
. 

‘. 

The Honorable Ron Jackson, page 4 (H-160) 

SUMMARY 

Article 5143d, creating the Texas Youth Council, 

vests in the Council the authority to promulgate all 

policies and rules appropriate to the rehabilitation of 

juvenile delinquents committed to the Council, including 

the assignment of juveniles to state training schools on 

a coeducational basis. 

Very truly yours, 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 745