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 OfficeBuilding Austin, Texas OpinionNo. ~~-865
Re: Whether the Texas Youth Councilhas the authority, under existing law, to furnish a prescribed uniform for staffmembers 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 Councilhave the authorityunder existing law (Article 5143d) to require certain staffmembers to wear an approved uniformwhile carrying out duties prescribedby the Council?
"2o Does House Bill 4, Article II, Section 1, Line Item 7, General Appropriations, enactedby the 56th Legislature, for the Texas Youth Council,Gatesvllle State School for Boys, provide operating expense funds for the Council to purchase approveduniforms, and furnish institutional laundry for same, to be worn by custodial staffmembers duringworking hours and while carrying out prescribed duties?
"3. If your answers to the above questions are in the affirmative,will additional statutory authoritybe requiredbefore the Council can initiate this essential step In the strengthening of disciplineand 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 vouchersand issuewarrants in payment for such approveduniforms?" The Texas Youth Councilderives its power and authority from the provisions of Article 5143d of Vernon's Civil Statutes.
We shallquote the portions of Article 5143dwhich we deem relevant to the questionsyou 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 rehabilitationand reestablishment in society of childrenadjudged delinquentby the courts of this State and committed to the Texas Youth Council,and to provide active parole supervisionof such. delinquent childrenuntil officiallydischarged from custody of the Texas Youth Council. ~ . . "Sec. 2. This Act shallbe liberally construed to accomplish the purpose herein sought."
"Sec. 5(b) The TexasYouth Council shall be responsible for the adoption of all policies and shallmake all rules appropriate to the proper accomplishmentof its functions."
"Sec. 17. When a child has been committed to the Youth Council as a delinquent child, the Councilmay: "(a) Permithim his libertyunder supervision and upon such conditions it believes conducive to acceptablebehavior; or "(b) Orderhis confinementunder such conditionsas it believes best designed f his welfare and the,interestsof the publyE; or IEmphasis added)

"Sec. 18. As a means of correcting the sociallyharmful tendencies of a delinquent child committed to it, the Youth Councilmay:. .

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

II

. . . condu~,b~sR;Efulre SUC;~~~~ ;idl;Ee a;d y seemb dp fl him for return to full libertywithout danger to thepublic;

. . .I'(Emphasisadded)
"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 schoolsand other facilities shallbe to restore and build up the self-respectand 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 specificallyempower 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 discretionarypower in the administrationof the State's correctional facilities for delinquent children. Such discretion extends to themaintenance therein of conditions, mode of life and code of conductwhich the Council believes best designed and best adapted to the interestsand 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 rulemaking power is expresslygiven. We cannot say that a rule requiring that the personnel of the various correctional facilitiesunder the control of the Councilwear a prescribeduniform during duty hours Is wholly arbitrary and not reasonably calculated to accomplish the Legislativepurpose. Indeed, common experience teaches that persons in positions of authority,who wear uniforms, are accorded respect and an atmosphere of disciplineprevails over the,confines to which their authority extends. Therefore, in our opinion, the Texas Youth Councilhas the authority to require certain staffmembers to wear a.

Honorable James A. Turman, Page 4 (WW-865)
prescribed uniformwhile in the performance of their duties. Consequently,your first question is answered in the affirmative. Passingnow 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 salariesand wages 1960 August 31, 1961 and professional fees, travel, capital outlay, other operating expenses, replacementand operation of-one state-ownedautomobile, and all other activities for which no other provisions are made........ (Emphasisadded) 1,661,951 1,661,gy"

We think that it necessarily follows fromwhat we have said in answering your first question, that an expenditure of State funds for uniforms to be furnished to staffmembers during duty hours and to be launderedat State expense is an operating expense comingwithin Line Item 7, if such expendlture does not comewithin the prohibition of Section 51 of Article III of the Constitutionof the State of Texas. Section 51 of Article III of the Constitutionof the State of Texas reads in part as follows:

"The Legislature shallhave no power to make any grant or authorize themaking of any grant of publicmoneys to any individual, association of Individuals,municipal or other corporationswhatsoever;

. . ." This provision of the Constitutionof Texas prohibits the "gratuitousdisposition of the state'smoney, property, or contractualrights." Rhoads Drilling Co. v. Allred, 123 Tex. 229, 70 S.W. 2d 576 (1934) Friedmanv. 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 directlyand substantiallvrelated to the performance‘of‘governmentaifunctions of the"State. Bexar County v. Linden, 110 Tex. 339, 220 S.W. 760 Road DistrictNo. 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 Passv. Keeling, 112 Tex. 339, 247 S.W. 818 (1923). If the wearing of uniforms during dutyhours Is in furtherance of the Legislativepurpose, and we have so held in answering your first question, then an expenditure by the Council in purchasing suchuniforms and providing laundry service therefor, is for a purpose directly and substantiallyrelated to the performance of a governmental function and is thereforenot within the prohibition of Section 51 of Article III of the Constitution of the State of Texas.
In connectionwith what we have just said, it is to be noted that the individualswho are to wear the uniforms have no proprietary interest in suchuniforms. 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 Individualsmay derive some incidentalpersonal 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 expenditureauthorizedby and comingwithin Line Item 7, House Bill 4, Acts 56th Legislature, 1959, Third Called Session, Article II, Chapter 23, Page 482. Consideringour 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 sincewe 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 AppropriationAct of the 56th Legislature, the Comptroller is authorized to approve vouchers and Issuewarrants In payment for the proposed uniforms.
SUMMARY

The Texas Youth Councilhas the authority to require certain staffmembers to wear an approved uniform during dutyHonorable James A. Turman, Page 6 (w-865)

hours; the uniformsmay be purchased by the Council and laundry serviceprovided from existingappropriationsand furnished to staffmembers for their use only; the Comptroller can approve the vouchers and issuewarrants for such expenditures.

Yours very truly,
WILL WILSON Attorney
L-m, W. 0. Sh AssistantAttor

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