Case Information
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THE ATTORNEY (GENERAL
OIF TEXAS
Austin. Texas
Overruled by
STYRGRAM
Hon. G. J. S. Ellingson
General Manager,
Texas Iriison System
Huntsville, Texas
Dear Sir:
Opinion No. 0-1916 He: Right to sell prison-made chairs to the American Red Cross.
He are in receipt of your letter of January 23, 1940, asking the following request of this department: "At a special meeting of the Texas Prison Board on January 23, 1940, a lotter was read from Mr. W. A. Paddock, Chairman, American Red Cross, Harris County Chapter, asking permission for the Prison System to make 25 chairs for the Red Cross. "Will you please give us an opinion as to whether it would be permissable for the Prison System to make and sell these chairs to the Red Cross at a minimum cost."
You are advised that your question is controlled by Sec. 16, Chap. 212, P. 298, Acts Reg. Sens. 40th Legislature, same being Article 61660, Vernon's Annotated 01v11 Statutes. The portion of said statutes material to the question is as follows: "The Board shall have power to authorize the manager to sell and dispose of all products of all terms and industries connected with the prison system and all personal and moveable property, at such prices and on such terms and render such rules as it may deem best and adopt; and it may lease any real estate for agricultural or grazing purposes or lease other fixed property and apportemanes belonging thereto upon such terms as it may deem advantageous to the interests of the prison system."
It seems from the broad language used in this atetute that the irison is anegor is vested with the power
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to sell any article manufactured by the prison system, upon such terms and conditions as the Boers may doer best. It is therefore apparent that the advisability of adding the chairs in question, as well as the terms upon which such sale should be made, lie exclusively in the discretion of the Texas Prison Board.
Trusting that the foregoing gives you the information desired, we are
Yours very truly ATTORNEY GENIRAL OF TEXAS By /a/ Orover Sellers Assistant
AIIROVED USL. 10, 1940 /a/ Gerald C. Sama ATTORNEY GENIRAL OF TEXAS
AIIROVED OPINION CONSITTER BY RAB, Chairman