E ORNET GENERAL 

OF YEFEXAS 

W’ILL WILSON 

A-RNEY GENERAL 

AarSTlN 1% TEXAS 

June 28, 1960 

Honorable James A. Turman 

Executive Director 

Texas Youth Council 

State Office Building 

Austin, Texas Opinion No. ~~-865 

Re: Whether the Texas Youth 

Council has the authority, 

under existing law, to 

furnish a prescribed uniform for staff members 

under their control to 

wear while carrying out 

their duties, and related 

Dear Dr. Turman: questions. 

You have requested our opinion In regard to the following 

questions: 

"1. Does the Texas Youth Council have 

the authority under existing law (Article 

5143d) to require certain staff members to 

wear an approved uniform while carrying out 

duties prescribed by the Council? 

"2 o Does House Bill 4, Article II, Section 1, Line Item 7, General Appropriations, 

enacted by the 56th Legislature, for the Texas 

Youth Council, Gatesvllle State School for Boys, 

provide operating expense funds for the Council 

to purchase approved uniforms, and furnish institutional laundry for same, to be worn by 

custodial staff members during working hours and 

while carrying out prescribed duties? 

"3. If your answers to the above questions 

are in the affirmative, will additional statutory 

authority be required before the Council can 

initiate this essential step In the strengthening 

of discipline and control of the Gatesville State 

School for Boys? 
. . -, 

Honorable James A. Turman, Page 2 (w-865) 

"4. If your answers to questions one and 

two above are in the affirmative, can the Controller approve vouchers and issue warrants in 

payment for such approved uniforms?" 

The Texas Youth Council derives its power and authority from the provisions of Article 5143d of Vernon's Civil 

Statutes. 

We shall quote the portions of Article 5143d which we 

deem relevant to the questions you have propounded. 

"Section 1. The purpose of this Act is 

to create a Texas Youth Council to administer 

the state's correctional facilities for dellnquent children, to provide a program of constructive training aimed at rehabilitation and 

reestablishment in society of children adjudged delinquent by the courts of this State and 

committed to the Texas Youth Council, and to 

provide active parole supervision of such. 

delinquent children until officially discharged 

from custody of the Texas Youth Council. ~ . . 

"Sec. 2. This Act shall be liberally construed to accomplish the purpose herein sought." 

"Sec. 5(b) The Texas Youth Council shall 

be responsible for the adoption of all policies 

and shall make all rules appropriate to the 

proper accomplishment of its functions." 

"Sec. 17. When a child has been committed 

to the Youth Council as a delinquent child, the 

Council may: 

"(a) Permit him his liberty under supervision and upon such conditions it believes 

conducive to acceptable behavior; or 

"(b) Order his confinement under such 

conditions as it believes best designed f 

his welfare and the, interests of the publyE; or 

IEmphasis added) 

"Sec. 18. As a means of correcting the 

socially harmful tendencies of a delinquent 

child committed to it, the Youth Council may: 
. . 

Honorable James A. Turman, Page 3 (~~-865) 

II 

. . . 

condu~,b~sR;Efulre SUC;~~~~ ;idl;Ee a;d 

y seem b dp fl 

him for return to full liberty without danger to the public; . . .I' (Emphasis added) 

"Sec. 21. The Youth Council shall establish rules and regulations for the government 

of each of such schools and other facilities 

and shall see that its affairs are conducted 

according to law and to such rules and regulations; but the purpose thereof and of all 

education, work, training, discipline, recreation, and other activities carried on In the 

schools and other facilities shall be to restore and build up the self-respect and selfreliance of the children and youth lodged 

therein and to qualify them for good cltizenship and honorable employment." 

Sections 5(b) and 21 of Article 5143d specifically empower the Texas Youth Council to promulgate rules in order 

to carry out its function and accomplish the purpose of the 

Legislature. 

Sections 1, 17(a), 17(b), 18(b) and 21 of Article 5143d, 

quoted above, clearly delegate to the Texas Youth Council a 

broad discretionary power in the administration of the State's 

correctional facilities for delinquent children. Such discretion extends to the maintenance therein of conditions, 

mode of life and code of conduct which the Council believes 

best designed and best adapted to the interests and welfare 

of the delinquent child, in order to prepare him for a place 

in our social structure. 

The discretion of the Council is broad. The rule making 

power is expressly given. We cannot say that a rule requiring 

that the personnel of the various correctional facilities under the control of the Council wear a prescribed uniform during duty hours Is wholly arbitrary and not reasonably calculated to accomplish the Legislative purpose. Indeed, common 

experience teaches that persons in positions of authority, who 

wear uniforms, are accorded respect and an atmosphere of discipline prevails over the,confines to which their authority 

extends. 

Therefore, in our opinion, the Texas Youth Council has 

the authority to require certain staff members to wear a 
. 

Honorable James A. Turman, Page 4 (WW-865) 

prescribed uniform while in the performance of their duties. Consequently, your first question is answered in the 

affirmative. 

Passing now to the consideration of your second question, we quote from Line Item 7 of House Bill 4, Acts 56th 

Legislature, 1959, Third Called Session, Article II, Chapter 23, Page 482: 

“7. For payment of 

For the Years Ending 

August 31, 

other salaries and wages 1960 

August 31, 

1961 

and professional fees, 

travel, capital outlay, 

other operating expenses, 

replacement and operation 

of-one state-owned automobile, and all other activities for which no other 

provisions are made........ 

(Emphasis added) 

1,661,951 1,661,gy" 

We think that it necessarily follows from what we have 

said in answering your first question, that an expenditure 

of State funds for uniforms to be furnished to staff members 

during duty hours and to be laundered at State expense is an 

operating expense coming within Line Item 7, if such expendlture does not come within the prohibition of Section 51 of 

Article III of the Constitution of the State of Texas. 

Section 51 of Article III of the Constitution of the 

State of Texas reads in part as follows: 

"The Legislature shall have no power to 

make any grant or authorize the making of any 

grant of public moneys to any individual, 

association of Individuals, municipal or other 

corporations whatsoever; . . ." 

This provision of the Constitution of Texas prohibits 

the "gratuitous disposition of the state's money, property, 

or contractual rights." Rhoads Drilling Co. v. Allred, 123 

Tex. 229, 70 S.W. 2d 576 (1934) Friedman v. 

Co. of New York, 137 Tex. 149, i51 S W 2d 

American Surety 

570 (1941) H 

ever, it does not prevent an appropriation or expendiCure':h 

State funds for a nurnose directly and substantiallv related 

to the performance‘of‘governmentai functions of the"State. 

Bexar County v. Linden, 110 Tex. 339, 220 S.W. 760 

Road District No. 4, Shelly Co. v. Allred, 68 S.W. 2d 16 
. . 

Honorable James A. Turman, Page 5 (~~-865) 

(Tex. Comm. App. 1934), opinion adopted by the Supreme 

Court of Texas; City of Aransas Pass v. Keeling, 112 Tex. 

339, 247 S.W. 818 (1923). 

If the wearing of uniforms during duty hours Is in 

furtherance of the Legislative purpose, and we have so 

held in answering your first question, then an expenditure by the Council in purchasing such uniforms and 

providing laundry service therefor, is for a purpose directly and substantially related to the performance of a 

governmental function and is therefore not within the 

prohibition of Section 51 of Article III of the Constitution 

of the State of Texas. 

In connection with what we have just said, it is to 

be noted that the individuals who are to wear the uniforms 

have no proprietary interest in such uniforms. The uniforms are the property of the State of Texas and are part 

of the operating equipment necessary to the performance of 

the Council's function. The fact that some one or more 

Individuals may derive some incidental personal benefit 

from the expenditure of State funds does not make the expenditure one for private, rather than public, purposes. 

Consequently, In our opinion, the purchase of the uniforms contemplated, under the circumstances set forth, is 

an expenditure authorized by and coming within Line Item 7, 

House Bill 4, Acts 56th Legislature, 1959, Third Called 

Session, Article II, Chapter 23, Page 482. 

Considering our answers to your first two questions, 

no further legislation is necessary to authorize the purchase of the uniformscontemplated, under the stated facts. 

Consequently, your third question is answered in the 

negative. 

In answer to your fourth question, It is only necessary 

to state that since we have held the purchase of the uniforms 

to be a valid expenditure of State funds under the Constltutlon of the State of Texas and the Appropriation Act of the 

56th Legislature, the Comptroller is authorized to approve 

vouchers and Issue warrants In payment for the proposed 

uniforms. 

SUMMARY 

The Texas Youth Council has the authority to require certain staff members to 

wear an approved uniform during duty 
Honorable James A. Turman, Page 6 (w-865) 

hours; the uniforms may be purchased by 

the Council and laundry service provided 

from existing appropriations and furnished to staff members for their use only; 

the Comptroller can approve the vouchers 

and issue warrants for such expenditures. 

Yours very truly, 

WILL WILSON 

Attorney 

L-m, 

W. 0. Sh 

Assistant Attor 

wos:mm 

APPROVED: 

OPINION COMMITTEE 

J. C. Davis, Chairman 

Byron Fullerton 

Charles D. Cabanlss 

C. Dean Davis 

Robert A. Rowland 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore