### OF -XAS

FvILI. WILSON **A-RNEY GENERAL.** 

December 

### $5, 1959

Mr. JamesA. Turman Executive Director Texas Youth Council Austin, Texas

Dear Mr.Turman: Opinion 

### NO.ww-760 Re: Canthe Texas Youth Council approve the, payment of rent for the Business Manager at Crockett State School for Girls In lieu of providing ahouse and utilities 

### on the grounds in aState owned building? Youhave 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. 23at 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 asuperintendent for each of sa:~dschools 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 awoman. The superintendent, with the consent of the Executive Director,. maydischarge any employee for cause. "The salaries, compensation, and emoluments of the superintendents and subordinateMr. JamesA. 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 upto 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 ahouse, utilities, laundry and maid. The Business Managers of all institutions shall be furnished ahouse, utllltles, and laundry. TheAssistant Superintendents of the Gatesville State School andthe Gainesville State School shall be furnished ahouse, utilities and laundry. The,Dean of Students of the WacoState Home’andthe Corsicana State Homeshall be furnished ahouse and ut!_llties. Noother 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 ahouse because the rent paid enables the Business 

### Manager of the Crockett School to secure housing at the State’s expense. InWoodv. State, 

### 133Tex. 110, 126S.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, andwhensuch intent is once ascertajned, it should begiven 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 nohous-, ing is available at the Crockett School, and the Legislature did not sijecify that ahouse was to be built,by the Texas Youth Council, and did not provide funds for erecting abuilding, 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 mayprovide 

### a house 

### for the Business Manager of this School by paying areasonable amount o.frent 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. TheComptroller 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 meanthat the Texas. Youth Council can substitute rent in lieu of providing a house whenever It so desires. Where astate bulldlng is available for the person entitled to housing under the Appropriation Act it must be utilized by that person. Payment of the rental moneymaybe madefrom ’ line Item No. 3of the present ‘biennium appropriation under Article II Appropriation to the Colored Girls Training School. SuMPmY

TheTexas 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 ahouse and utilities onthe grounds in State owned housing where State housing is not available. The Comptroller must issue StateMr. James A. Turinan, page 'I (W-761)

v:arl;ants to paythe rent in question.
Vwy truly yours,

WILLWILSON Attorney General of Texas

BY John C. Steinberger 2"' Assistant JCS:ms APPROVED: OPINIONCOMMITTEE W.V. Geppert, Chairman J. Arthur Sandlln Charles D. Cabaniss JayD. Hwell RXey Eugene Fletcher REVIEWED

FORTHEATTORNEY GENERAL BY Leonard Passmore