Opinion

Untitled Texas Attorney General Opinion

Court
Texas Attorney General Reports
Filed
Jul 2, 1939
Status
Published
On the bench
Gerald Mann
Cited by
0 cases

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@

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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