488 

OFFICEOFTHEATTORNEYGENERALOFTEXAS 

AUSTIN 

lioz. J.J. Uam, Direotor 

Opinion SO. O-1219 

Ret Power of 

saat that as direotyou aI-9 .chorgsd with 

ing blind pexso,~Sr~ 

snue and the &w! m 

1itatLon in other 

iox for the Blind 

etter fez the purpose of aaeurately 

8 OS your reQxwt~t 

vAl8 departwant IS very badly in n%ed 

es a central ;lacs Q&a% w3 San uoe tlizoughout the entire psar to tx'atn blind pemea8. 

It i8 OUT d%&eto ~8T~~trri11 but One W3?- 

son at a tlnra rr,iah nmine that we need a 
Ron. J.J. Brown, Director, Pa@ 2 

place to train at least twelve blind pereoue 

airing the otzi5g year. 

We are anrloua to 6eaure permlsaion from 

the Doard of Control to allow ua to meet, 

supervise and I&8 a8 a training agenay a stand 

ln the Capitol building. It is our desire 

that any profits whioh may acorue from the 

operation OS suoh a stand be used to assist 

in the entire rehabilitation program, and may 

we say here that we are authorized by the 

legislature to reoelve funds and deposit the 

same in the State Treasury to be used in furthering our work in the State of Texae. 

Ve erpeot to pay a reasonable salary to 

a oanpetent person to train the ee%d,blind 

people in the operation OS stands and that 

all proSita&hbove the oost of -10 

9 

someone to operate the stand will be plaae In 

ths rehabllitatkta Suad In the State Treasury, 

State of Texas, to be used in assisting in 

the rehabilitation of blind persme.W 

In oplxlon Ho, O-800, dated May 12, 1939, Amslstant Atborney General Tcm 0. Rourell held that the 

Stat6 Docrd of Control was prohibited by law from at 

lowing a blind person to operate a oigar, oigarette, 

m&a&tie and ocofeotioxery stand In the State Capftol 

Building. The statute In point Is Artfols 668 OS the 

Revised Civil Statutes of 1825, whloh reads as follows: 

"Art. em.- Ho room, apartffient oroffloe 

in the State Capitol Building shall be used 

at any time by any person as a bed room or 

for any private purposes whatever. This artiale shall not apply to the roomaooaupled 

by ttie judges of the Supreme Court and’ the 

Courts OS Civil and Crl&ml Appeal6 on the 

third and fourth rloora OS the CapitoLW 

The operation OS a vending stand in the 

State Capitol Building by a blind peram oz any other Individual, for the purpooe of peounlary gain or 

profit, uudoubtedly Palls within the prohibition ez- 
,494 

Bone J.J. Brown, riraetor, PaGe 3 

pressed in nrtlols 668, but we have found no statutory provlslon wkloh would prevent the State Board of 

Control from dmQn.ating space in the Stats Oapltol 

Bulld~~to be use6 by a State Lepartnmt in earrylng 

out the duties imposed upon it by law. 

It 1s the oplnlon of this Gspartmsnt that 

the Stats Ifoard ot Control has the power to dsslgnate 

a spaae in the State Capitol Building, and to sst 

apart sz+h spaoe, Sorthe uss of the State Board for 

Yooatlonal Education in providing and maintaining a 

stand whlah will be devoted to the purpose of trainiogthe bllndto opsratsandaanage swhan mtsrprim. It Is uxaerstood, or aouras, that suuh 

,&and shall bs mintainsd and super~lssd by tha 

Board for Vosatlonal Eduoatlcm and operated puPO4 

as an educational. sntorprlseg 'it'e doxot lntesd 

to axpress any dleagresment with opinion No* &800 

slnoe the situation there presented Is not armlogow to the one at hand. 

RC$ob 

APPROVEDAUG 10, 1939. 

.A 

ATTORNEY GENERAL OF Tm@