The opinion
488
OFFICEOFTHEATTORNEYGENERALOFTEXAS
AUSTIN
lioz.J.J. Uam, Direotor
Opinion SO. O-1219
Ret Power of
saat that as direot-
you aI-9.chorgsdwith
ing blind pexso,~Sr~
snue and the &w! m
1itatLon in other
iox for the Blind
etter fez the purpose of aaeurately
8 OS your reQxwt~t
vAl8 departwant IS very badly in n%ed
es a central ;lacs Q&a% w3 San uoe tlizough-
out the entire psar to tx'atnblind pemea8.
It i8 OUT d%&eto ~8T~~trri11 but One W3?-
son at a tlnrarr,iahnmine that we need a
Ron. J.J. Brown, Director,Pa@ 2
place to train at least twelve blind pereoue
airing the otzi5g year.
We are anrloua to 6eaure permlsaion from
the Doard of Control to allow ua to meet,
superviseand I&8 a8 a training agenay a stand
ln the Capitol building. It is our desire
that any profits whioh may acorue from the
operation OS suoh a stand be used to assist
in the entire rehabilitationprogram, and may
we say here that we are authorizedby the
legislatureto reoelve funds and deposit the
same in the State Treasury to be used in fur-
thering our work in the State of Texae.
Ve erpeot to pay a reasonable salary to
a oanpetent person to train the ee%d,blind
people in the operation OS stands and that
all proSita&hbovethe oost of -10 some-
one to operate the stand will be plaae
9 In
ths rehabllitatktaSuad In the State Treasury,
State of Texas, to be used in assisting in
the rehabilitationof blind persme.W
In oplxlon Ho, O-800, dated May 12, 1939, Am-
slstant Atborney General Tcm 0. Rourellheld that the
Stat6 Docrd of Control was prohibited by law from at
lowing a blind person to operate a oigar, oigarette,
m&a&tie and ocofeotioxerystand In the State Capftol
Building. The statute In point Is Artfols 668 OS the
Revised Civil Statutes of 1825, whloh reads as follows:
"Art. em.- Ho room, apartffientor offloe
in the State Capitol Building shall be used
at any time by any person as a bed room or
for any private purposeswhatever. This ar-
tiale shall not apply to the roomaooaupled
by ttie judges of the Supreme Court and’the
Courts OS Civil and Crl&ml Appeal6 on the
third and fourth rloora OS the CapitoLW
The operation OS a vending stand in the
State Capitol Building by a blind peram oz any oth-
er Individual,for the purpooe of peounlary gain or
profit, uudoubtedlyPalls within the prohibitionez-
,494
Bone J.J. Brown, riraetor,PaGe 3
pressed in nrtlols 668, but we have found no statuto-
ry provlslon wkloh would prevent the State Board of
Control from dmQn.ating space in the Stats Oapltol
Bulld~~to be use6 by a State Lepartnmt in earrylng
out the duties imposed upon it by law.
It 1s the oplnlon of this Gspartmsntthat
the Stats Ifoard ot Control has the power to dsslgnate
a spaae in the State Capitol Building, and to sst
apart sz+h spaoe, Sorthe uss of the State Board for
Yooatlonal Education in providing and maintaining a
stand whlah will be devoted to the purpose of train-
iogthe bllndto opsratsandaanage swhan mtsr-
prim. It Is uxaerstood, or aouras, that suuh
,&and shall bs mintainsd and super~lssd by tha
Board for Vosatlonal Eduoatlcm and operated puPO4
as an educational. do xot lntesd
sntorprlseg 'it'e
to axpress any dleagresmentwith opinion No* &800
slnoe the situation there presented Is not armlo-
gow to the one at hand.
RC$ob
APPROVEDAUG 10, 1939.
.A
ATTORNEY GENERAL OF Tm@