Texas Attorney General Opinion: MW-237 Page: 1 of 3
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The Attorney General of Texas
September 9,
1980
MARK WHITE
Attorney General
Supreme Court Building
P.O. Box 12548
Austin, TX. 78711
512/475-2501
701 Commerce, Suite 200
Dallas, TX. 75202
214/742-8944
4824 Alberta Ave., Suite 160
El Paso, TX. 79905
915/533-3484
1220 Dallas Ave., Suite 202
Houston, TX. 77002
713/650-0666
806 Broadway, Suite 312
Lubbock, TX. 79401
806/747-5238
4309 N. Tenth, Suite B
McAllen, TX. 78501
512/682-4547
200 Main Plaza, Suite 400
San Antonio, TX. 78205
512/225-4191
An Equal Opportunity/
Affirmative Action EmployerMr. Ron Jackson
Executive Director
Texas Youth Council
8900 Shoal Creek Boulevard
Austin, Texas 78766Opinion No. MW-237
Re: Whether Texas Youth Council
may provide residential care to an
individual on adult probationDear Mr. Jackson:
The Texas Youth Council (TYC) is presently providing residential
services to three juveniles who were committed to TYC for delinquent
conduct pursuant to Title 3 of the Family Code and who, because of
different offenses, are also on adult probation. Two were committed to
TYC and were then tried as adults, either after discretionary transfer
pursuant to section 54.02 of the Family Code or for offenses committed
after becoming seventeen years of age. The third was initially transferred
pursuant to section 54.02, was convicted and placed on adult probation, and
was then committed to TYC for delinquent conduct consisting of a felony
committed prior to the offense for which he was convicted as an adult.
Your question is whether TYC may provide residential care to, and exercise
control over, a person who has been validly committed to TYC for
delinquent conduct when such person is also on adult probation.
The Texas Youth Council is governed by the Human Resources Code,
which became effective September 1, 1979. See section 61.001 et seq.
Section 61.001(5) of the Code defines a "delinquent child" as a "child adjudged
to be a delinquent child under Section 54.03 of the Family Code," which
distinguishes children who engage in "delinquent conduct" from those who
merely engage in conduct "indicating a need for supervision." The former
are defined in section 51.03 as children who engage in:
(a) ...conduct, other than a traffic offense, that
violates:
(1) a penal law of this state punishable by
imprisonment or by confinement in jail; or
(2) a reasonable and lawful order of a juvenile
court entered under section 54.04 or 54.05 of this
code, including an order prohibiting conduct referred
to in Subsection (b)(4) of this section.p. 749
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Texas. Attorney-General's Office. Texas Attorney General Opinion: MW-237, text, September 9, 1980; (https://texashistory.unt.edu/ark:/67531/metapth272082/m1/1/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.