Case Information
*1 OFFlCE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
nr. s. ii. Liistea
&air&n, Texas R‘ison Board
Houston, Texas
. Dear Dr. tisterr’
,_ ..-
3, subu&tting tilt? above questi areful oonsider-
erised Civil Statutes, reach in part.a
e wor%ed within camea or P no event shall :be sol&to any con- In our Opillml Iio. O-4727 to Hr. Riley Wyatt, a crexber of ~tbe Tens Prison Board, urltten July 31,
I~?, we held that the BOard Wi hot have aut3Ority to permit convict labor to be used In Zlaroesting crops for private izxIi~tials.
In our Opinion Xo. O-4322, addreesd to you, and dated April 16, 1942, we held the 'fe~as Prison Board
did not h8re authority to permit the ~86 ef trusted ‘1 ‘: prisoners to State o;tfioirils, mem?~srs of the Prison Board, and employees of the bison system.
You,~of Courser hare,oopies of these op%n- lions . i: ~ i, .:. i;e~,,:.', Chwottintion h8S been Oslled to Article 834 i/z'. .;. of the Beviseit Civil Statntes~ passed-in 1929, whioh reads?
*The B&3 op Control is hereby author; iesd to y&e contr8iAs with the State Prison
Board for the pwchase~ of supplles, o e s lalaor for use eS tbe State
other in any of its departments, coloniLssions, boards, offi-
ces or elesmosynary or~sduc8tionsl institu-
tions Including any and all supplies, equip-
nent,~material or labor puPchased or used by or for the State under the klroction of the -,,Board of Control." ., ~. i .- -,
This Article refers only to the Board of Control. It does not give any other board or agenoy of the State the pouers thereIn contained.
3 Article 2S47, af the Revised Ciril Statutes,zpro- vides that the State Teaohers Colleges shall be under the tiantrol of the Board of Regents, aonststlng of nine peFsons.
ScotAon I of s&a Article reads in part as follows3
"(1) The Board of Regents of firs State ": Teaci~.~~ ~olloges is charged with the respon- ‘5 sibility' of the general oontrol and management : of all State Teachers Colleges for white per- ,:z-
sons, and may ereat, equLp and repair bulld- ing8.o
Be tall&l with Dr. l&man, the President of the Sam lioueton state Teachers College, and we understand from nhat he said that either he or the Board of Dogents of the State Teachers College expeot ts mahe the oontraot for the erection of the proposed buildings, and superintend their construction. If this is true, then the State Prison Board is not authorized to mahe a contract with him or said D&d to furnish prisoners to do any portion of the work, either for comgcns8tion or without aompensation.
. Dr. S. M. Lista'- page 3
Since the State Board of Control is not in-. valved, we do aOt Fass 011 the questton as to its powers under said Article 634 l/2 to make a contract with the State Prison Eoard to furnish laborers to vork on State buildingebeingoanstrnoted~ertPlesupervlsionaod
c0e0l of da wrd.
very truly your6 ATTOlUiIlX GSl?IERbc OP TEXAS Gee. 3. Barcus dssistkult
G:YB-E&W'
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