TEE ATTORNEY GENERAL 

OD? TEXAS 

JOHN L. E11.r. AUSTIN. TEXAS 78711 

A’I’TOENECY OENEZRAL 

August 13, 1973 

Honorable Alton R. Griffin 

District Attorney 

Lubbock County Courthouse 

Lubbock, Texas 79401 

Dear Mr. Griffin: 

Your letter asks: 

Opinion No. H- 83 

Re: Effect of Senate Bill 

123, 63rd Leg., upon 

the jurisdiction of the 

Texas Youth Council 

over 18 year olds 

“The question arises as to whether or not 

the Texas Youth Council loses its present power 

to order reconfinement of a child after the child 

has attained his eighteenth (18) birthday. A further 

question will also arise as to whether or not the 

Texas Youth Council would have to order the release of any person reconfined prior to September 

1, 1973, if that person is eighteen (18) years or 

older. ‘I 

Generally the Texas Youth Council is governed by the provisions of 

Article 5l43d, V. T. C. S. The Act provides in its $ 31: “Every child committedto the Youth Council as a delinquent, if not already discharged, shall 

be discharged from custody of the Youth Council when he reaches his twentyfirst bir,thday. ” 

Senate Bill 111, Title 3 of the Family Code, V. T. C. S., effective September 1, 1973, provides in 8 54.04 for a hearing to determine the disposition 

to be made of each case after the adjudication hearing. The alternatives 

available to the court cover a wide range and include commission>or commitment to the Texas Youth Council. Section 54.05(b) ,of Title 3 provides: “All 

dispositions automatically terminate when the child reaches his eighteenth 

birthday. ‘I 

p. 380 
The Honorable Alton R. Griffin, page 2 (H-83) 

It is therefore our opinion, in answer to your questions, that upon 

the effective date of Senate Bill 111 the Youth Council will lose its power 

to order reconfinement of a child after the child has attained his eighteenth 

birthday. Further, we are of the opinion that any child presently in the 

custody of the Youth Council who will have attained his eighteenth birthday 

on or before A.ugust 27, .1973, should be released upon the effective date of 

Senate Bill ,123. 

Senate Bill 123, which becomes effective August 27, 1973, reads (in 

part) : 

“Set tion 1. The purpose of this Act is to extend 

all the rights, privileges, and obligations of majority 

to all persons who are at least 18 years of age. It 

shall be construed liberally to accomplish that purpose, 

“Sec. 2. Notwithstanding any statutory or decisional law, or any rule, regulation, :or ordinance of 

this state or of any political subdivision or% incorporated 

city or town of this state, a person who is at least 18 

years of age has all the rights, privileges, and obligations 

of a person who is 21 years of age. A. law, rule, regulation, or ordinance which extends a right, privilege, or 

obligation to a person on the basis of a minimum age of 

21, 20, or 19 years shall be interpreted as prescribing 

a minimum age of 18 years. ” 

The right to be released upon the attainment of 21 years of age would 

appear to be a right based upon a minimum age (reaching a majority) and, 

thus, under Senate Bill l23, will be available to person aged 18 after August 

27, 1973. See Attorney General Opinion H-82 (1973). 

SUMMARY 

Upon the effective date (September 1, 1973) of 

Senate Bill 111, 63rd Leg. , R. S. (Title 3 of the Family 

Code), the Texas Youth Council will lose its power to 

p. 381 
The Honorable Alton R. Griffin, page 3 (H-83) 

order reconfinement of a child after the child has 

reached his eighteenth birthday. Any child confined 

with the Youth Council who will have attained his 

eighteenth birthday on or before August 27, 1973, 

should be released on that date - - the date upon 

which Senate Bill 123, 63rd Leg., R. S., emancipates persons 18 years old from disabilities of legal 

infancy. 

Very truly yours, 

Attorney General of Texas 

APP%V D: 

IY 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 382