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# THE A~TORNET GEMIEE-CAI. OFTEXAS

The Honorable Ron Jackson Acting Executive Director Texas Youth Council 201E. 14th Street Austin, Texas 78701 Dear Mr. Jackson: Opinion No. H- 160 Re: Whether students may be assigned to Training Schools ofthe Texas Youth Council ona 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 ona coeducational basis. ” You request the opinion ofthis office as towhether any legal prohibition to such practice exists.We are ofthe opinion that this question should be answered that there is noprohibition. The Texas Youth Council was created by the 55th Legislature in 1957. Article 5143d, V. T. C.S. The title ofthe 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 ofthe state, and, among other things, defining its powers, duties and functions.
. . .I’ Section 2ofthe Article 5L43dprovides that: “This Act shall be liberally construed to accomplish the purpose herein sought. ” Section 5, inwhich the powers and responsibilities ofthe 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 ofall 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 thediagnostictreatmentand trainingand stipervisbryfacilities and s&vices ofthestatefordelinquent children committed tothe state. Manage and direct state training school facilities andprovide for the coordination and combination of such facilities,as deemed advisable by the Texas Youth Council, and for the creation ofnew 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 ofthe foregoing sections toArticle 5143d, we are of the opinion that the Legislature intended tovest in the Youth Council as much authority as possible in determining the policies and rules for treatment and disposition ofjuveniles committed to the Council. We conclude that Article 5143d provides the Youth Council with the power toauthorize the assignment of students to state training schools ona coeducational basis if, in the opinion ofthe Council, it will help facilitate the accomplishment of the purpose of such institutions. We are ofthe opinion that the Legislature did not intend to require sexually segregated training institutions. Sections ofArticle 5143d, in addition to those quoted heretofore, support our opinion byimplication. Section 20, for example, relates tothe appointment ofsuperintendents for the schools and institutions. Itprovides inpart that: “The superintendent ofany school or other facility

for the care ofgirls exclusively shall be awoman.” (emphasis added)

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The Honorable Ron Jackson, page 3 (H-160)
By **use** ofthe word “exclusively, ”we believe that the Legislature anticipated that males and females might be assigned to state training schools ona 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 ofdifferent ages, habits and mental and physical condition according to their needs. ” (emphasis added) Despite the reference to the establishment ofboys’ ranches, we conclude that $26(b) does not require classification andsegregationofjuvenile delinquents on the basis ofthe sex of said juveniles alone. We have found nothing in legislation enacted prior tothe passage of Article 5143d concerning the treatment and custody of children judicially declared to bejuvenile delinquents expressly prohibiting the assignment of children to state training schools ona coeducational basis. Some earlier **statutory** provisions have, however, reflected the traditional separate treatment and custody of males and females. Inview of **our** opinion thatArticle 5143d vests in the Youth Council the authority and power to determine all policies and rules of the state training institutions, andhence toassign students to said institutions ona coeducational basis, we conclude that any inferences possibly drawn from such earlier statutes detracting from that power and authority are rendered inapplicable tothe Youth Council by 539 ofActs 1957, 55>thLegis., p; 660, ch. 281 (Article 5143d) which provides that:

“All laws and parts oflaws in conflict with the provisions ofthis Act are hereby repealed to the extent of such conflict only. ”

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. 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 ofjuveniles to state training schools on a coeducational basis. Very truly yours,

DAVID M. KENDALL, Chairman Opinion Committee

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