# 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 ofSenate Bill

123, 63rd Leg., upon thejurisdiction ofthe Texas Youth Council over 18year olds

“The question arises as to whether or not the Texas Youth Council loses its present power to order reconfinement ofa 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 ofany person reconfined prior to September 1, 1973, if that person is eighteen (18)years or older. ‘I Generally the Texas Youth Council is governed bythe 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 ofthe Youth Council when he reaches his twentyfirst bir,thday. ” Senate Bill 111, Title 3ofthe Family Code, V. T. C.S., effective September 1, 1973, provides in 854.04 for ahearing to determine the disposition to be made of each case after the adjudication hearing. The alternatives available to the court cover awide range and include commission>or commitment tothe Texas Youth Council. Section 54.05(b) ,of Title 3provides: “All dispositions automatically terminate when the child reaches his eighteenth birthday. ‘I

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

Itis therefore our opinion, in answer to your questions, that upon the effective date ofSenate Bill 111the Youth Council will lose its power to order reconfinement of a child after the child has attained his eighteenth birthday. Further, we are ofthe opinion that any child presently in the custody ofthe 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 ofthis Act is to extend

all the rights, privileges, and obligations of majority to all persons who are at least 18years ofage. 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 ofany political subdivision or% incorporated city or town ofthis state, a person who is at least 18 years ofage has all the rights, privileges, and obligations ofa person who is 21years ofage. A.law, rule, regulation, or ordinance which extends a right, privilege, or obligation to aperson onthe basis ofa minimum age of 21, 20, or 19years shall be interpreted as prescribing a minimum age of 18years. ” The right to be released upon the attainment of 21years 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 18after 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 3ofthe Family Code), the Texas Youth Council will lose its power to

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

order reconfinement ofa 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 onthat date -- the date upon which Senate Bill 123, 63rd Leg., R.S., emancipates persons 18years old from disabilities oflegal infancy. Very truly yours,

Attorney General of Texas APP%V D:

IY

DAVID M. KENDALL, Chairman Opinion Committee

p. 382