OF -XAS 

FvILI. WILSON 

A-RNEY GENERAL. 

December $5, 1959 

Mr. James A. Turman 

Executive Director 

Texas Youth Council 

Austin, Texas 

Dear Mr. Turman: 

Opinion NO. ww-760 

Re: Can the Texas Youth Council approve the, payment of 

rent for the Business Manager at Crockett State School 

for Girls In lieu of providing a house and utilities on 

the grounds in a State owned 

building? 

You have requested an opinion from this office as 

to whether the Texas Youth CounFll can pay rent for the 

housing of the Business Manager,& Crockett State School 

for Girls In lieu of providing house and utilities a8 

set out In House Bill 4, Sectj.on 1, Article II, Appropriations to the Institutions under the control of the 

Youth Council, Chap. 23 at p. 485, Acts of the 56th Legislature, Third Called Session, 1959. 

Section 20 of Article 5143d of Vernon's Civil Statutes, In establishing the Texas Youth Council, provides 

as follows in regard to emoluments: 

"The Youth Council shall, from time 

to time, apppint a superintendent for each 

of sa:~d schools and instltutlons;and upon 

the recommendation of the superintendent 

shall appoint all other officjals, chaplains, 

teachers, and employees required at said 

schools and institutions and shall prescribe their duties. The superintendent of 

any school or other facility for the care of 

girls exclusively shall be a woman. The 

superintendent, with the consent of the Executive Director,. may discharge any employee 

for cause. 

"The salaries, compensation, and emoluments of the superintendents and subordinate 
Mr. James A. Turman, page 2 (W-760) 

officials, teachers, and employees shall 

be fixed as provided by. the Legislature.” 

This provision leaves the determination of the.emoluments up to the Legislature in the appropriation passed for the particular years in auestion. 

In the Appropriation Act 

Mum, the Legislature provided 

II, the following: 

“The Superintendent 

for the present bienin Section 37, Article 

of all lnstltutions under the Council shall be furnished 

a house, utilities, laundry and maid. The 

Business Managers of all institutions shall 

be furnished a house, utllltles, and laundry. The Assistant Superintendents of the 

Gatesville State School and the Gainesville 

State School shall be furnished a house, 

utilities and laundry. The, Dean of Students 

of the Waco State Home’ and the Corsicana 

State Home shall be furnished a house and 

ut!_llties. No other employees of these institutions shall be granted emoluments. 

Commissary privileges shall not be avallable to any employee of the Youth Council.” 

Though the Appropriation -Act does not specifically 

authorize the payment of rent In lieu of furnishing a 

house, it Is evident that it was intended for the Business Manager to be housed at the expense of the State as 

-a part of the emoluments of his office. The payment of 

rent fulfills the Intent of the Legislature to provide 

a house because the rent paid enables the Business Manager of the Crockett School to secure housing at the State’s 

expense. In Wood v. State, 133 Tex. 110, 126 S.W. 2d 4 

(1939) the Texas Supreme Court said, in discussing a 

statute: 

“It is the settled’law that statutes 

should be construed so as to carry out the 

leglslat ive intent, and when such intent 

is once ascertajned, it should be given 

effect, even though the literal meaning 

of the words used therein Is not followed. . . .‘I 
. I 

Mr. James A. Turm?n, page 3 (h~+760) 

Since your opinion request states that no hous-, 

ing is available at the Crockett School, and the 

Legislature did not sijecify that a house was to be 

built,by the Texas Youth Council, and did not provide funds for erecting a building, and It Is clear 

that it intended that the Business Manager of Crockett School was to be housed at the State’s expense, 

it Is our opinion that the Texas Youth Council may provide a house for the Business Manager of this School 

by paying a reasonable amount o.f rent for such housing . 

The question as to the Comptroller’s authority 

to Issue warrants In payment of such rent is also 

answered in the affirmative. The Comptroller has only the 

ministerial duty of issuing the State warrants. 

This opinion only applies to the Crockett School 

and is not to be construed to mean that the Texas. 

Youth Council can substitute rent in lieu of providing 

a house whenever It so desires. Where a state bulldlng is available for the person entitled to housing 

under the Appropriation Act it must be utilized by 

that person. 

Payment of the rental money may be made from ’ 

line Item No. 3 of the present ‘biennium appropriation 

under Article II Appropriation to the Colored Girls 

Training School. 

SuMPmY 

The Texas Youth Council Is 

authorized to approve the payment of rent for the housing 

of the Business Manager of the 

Crockett State School for Girls 

in lieu of providing a house 

and utilities on the grounds in 

State owned housing where State 

housing is not available. The 

Comptroller must issue State 
Mr. James A. Turinan, page 'I (W-761) 

v:arl;ants to pay the rent in 

question. 

Vwy truly yours, 

WILL WILSON 

Attorney General of Texas 

BY 

John C. Steinberger 2"' 

Assistant 

JCS:ms 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

J. Arthur Sandlln 

Charles D. Cabaniss 

Jay D. Hwell 

RXey Eugene Fletcher 

REVIEWED FOR THE ATTORNEY GENERAL 

BY Leonard Passmore