Case Information
R-151 '. " ORNEY- GENE-L, Q,F EXAS
PRICE DANIEL ..wTORNEY GENERAL
June 4, 1947 Il. Riley Wyatt Chairmb, State Prison Board
San Antonio,,Texas Opinion Do. V-233
Re: Authority of Prison Board to direct gen- eral manager to per- mit the use of in- mate labor on sewer project with City of Hunt svi,lle 0 Dear Yr, Wyatt:
Receipt is acknowledged of your supplemental request for an opinion on the authority of the Prison BoarU .to use inmate labor in the improvement and en- largement of a sewerage disposal plant owned by the City of Huntsville and used by the Prison System at .Runtsville. :Your supplemental letter furnishes mater- ial information which was not available to this office '. when Opinion No, V-105 was rendered. That information
relates to a lease agreement between the City of Hunts- ville and the Prison System dated E&y 20, 1939, where- by the Prison System is given the right and privilege of the use of the disposal plant for a 10 year period, The contract further provides that if, because of in- creased volume of sewerage or other cause, the dis- posal plant requires extensions, improvements, or re- pairs, then Prison System will cooperate with the City upon the basis of population served for the System and for the City,
It is our understanding that the authority desired relates to the enlarging and improving of such sewerage. disposal plant, From the 'information ftamish- ed by you, it appears that this disposal plant, serv- ing the Prison at Huntsville, is so inadequate that won aeqerage is being discharged into the fields near ~. ~,the prison; and that the State Health Officer, Dr,
George W, Coxs 16. D, p is seriously concerned with the problems presented, Y. 8!Lls~$ Wyatt - Pago [2] :,’
', Article 6166a, Vernon's civil Statutes, Acts of the .$Oth LegisJatUr% reads as follows:
*It shal,l be the policy of this State, in the onerationand management of the Pri- gun System,,to so manage and conduct the same in thst maimer as will be consistent with the, operation of a modern prison sys- tem, and with the view of making the Sgs- i- em se1 -susta n ; an
victed of'violatingthe law and sentenced to a termin the SEate Penitentiary she,11 have humane treatment, and be given op- portunity, encouragement and training in : the matter ef reformation. All prisoners
shall ~be'worked within the prison walls and. upon rarms owned or leased by the State; and in no event shall the labor of a'prisoner be sold to any contractor or lrssee to work on farms, or elsewhere, nor shall'any prisoner be worked on any fam or otherwise, upon shares, exoept such fana be owned or leased by the State ~of Toxaa.w (kphasis added),
Article 62030, enacted subsequent to Article 6166a, above quoted, provides in part:
"so~tion 1. The purpose of this act is to renovate, improve and rehabilitate the central unit of the Texas Prison Sys- trr at Huntsvillr . . , it being the leg- islative intent to first relieve the emer- genay now rxisting in the walls at Hunts- : ville by providing for reasonable sanita- tion . i s within this unit . . .
*Section 2. To accomplish the pur- osea enumaratd hrrrin the Texas Prison &a rd is authorized and directed as fol- low8:
A. To equip the present property within the walls with ~' rsasonable,sanitary devices in- ,' clnding~the installation of a 8mr splrtua for l ll,orll block : ana et othor'points themiu ii " naedrd~. L .
Fp The Frisoo E@w4 18' 'fu;g+r directed to teak8 rach , other and additional, as are-'incident or necessary to ef- feotuate any and all of the sev- era1 undertakings horein rprolal- ly dolineatsd.
', Veation 4. In the emction.of the im- prsvements authorized by this Act, it shall br the duty of the Prison Board to use prison labor when practicable . ., .*
The Legislature in Article 6166e h&t expres- reg~.a dominant purpose that the Texas Prism Sgatem be a modern, self-sustaining one. By Article 6203c, it made provisions for the correction cf'the sanitary sys- tem at the prison at Huntsville. The Legislature speoi- finally authorized the installation of a sewer system within the malls, authorizing the Prison System to take auell ether an8 additional steps as were incident and ieessaary to carry out such purpose. Such work was to Lo done with prison labor when practicable.
In the nature af things,~it is absolutely nooessary that the sewerage of the system.be disposed Of. The sanitary system within the walls must have an adrquate~d,ispoaal outlet. The Prison System has, by contraat; obtained the use of' the disposal system in question, under a 10 year lease a,greement.
It i8 OUk belief that the enlargw and re- &ring sf snch plant is within the discretion given to the ?&eon Board under Article 620~2, quoted above, as am inoiarnt ard necrssary operation to sffectuate the dO8fr8a craziitary ccmditions 0r the Prism System ileaimtell bcj Article 62030; and that priscm labor may br' a#eQ Ln t&o aampletion of such work.
Tha statutes provide that such prison labor shall mat bo sold, and that prisoners shall not be workrd upon shares. The furnishing of suohlabor by the Sy8t8MmU8t be for the benefit of the Prison; and tlprir labor must be under the superviaionof the Sya- ta mt notion of tlae contract which restricts the aoapWati@n of tb System to the proportion of priaen pmat;l&i served thereby would~seem to assure i&t w wrh f%rni&~d would be for the benefit of' t@e &f8trg; aa(. art rar iny third parties.
_. .
Eonorabld M. Riley:@ya$t - Page 4
Because br the additional facts furnished in your supplemental letter, Opinion No. V-105 is to be distinguished from this opinion. Its general conclusiok, based upoti the facts then at hand, are correct. We reach a airrerent final conclusion in this opinion based strictly upon a new and different fact situation. > ,I
SUMMARY r i The Texas Prison Board is authorized , to direct the use of' prison labor to en- large and improve -the sewerage disposal plant used by the Prison System at the pri-, son in Huntsville, where such plant is available to such System under a .'joint- use 10 year lease agreement between the City of Huntsville and the Prison System, and where the cooperation of the System in such improvement is limited to the pro- portionate use.by the prison of such im- provements.
:' Yours very truly ATTORNEY GENERAL OF TEXAS :
,: BY ?ftiff .i Assistant
APPROVED: