Untitled Texas Attorney General Opinion ( 1975 )

July 29, 1975
The Honorable W. J. Estelle. Jr. Opinion No. H-652
Director
Texas Department of Corrections Re: Authority of Department
Huntsville, Texas 77340 of Corrections to require
that any eligible inmate
who is receiving college
training apply for federal
veterans benefits to defray
Dear Mr. Estelle: the cost of such education.
You advise that the Department of Corrections has voluntarily instituted
a program extending free college training to eligible inmates who wish to
participate. Several colleges conduct courses at the prison units and bill
the Department for the tuition fees. Tuition is paid and books are provided
by the Department. A number of inmates enrolled in the program receive,
or are eligible to receive, G. I. Bill benefits from the federal government
for attending college. You have advised the federal Veterans Administration
of the situation, but such benefits continue to be paid inmates by the federal
gnvernment.
At the present, such amounts received by inmates are placed in the
Inmate!8 trust fund established pursuant to article 6166y, V. T. C. S. You
ask:
Can the Texas Department of Corrections require
that any inmate entitled to the GI Bill . . . obtain
same [and reimburse the Department or] . . . not
be allowed to participate in the program?
Authority does exist in some other jurisdictions for obligating the
estates of prisoners to reimburse the state for the cost of keeping and
maintaining them while in prison. 60 Am. Jur. 2d Penal and Correctional
Institutions $ 11. p. 81.6. However, such matters are for legislative deter-
mination. The Texas Legislature has not made the estates or incomes of
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The Honorable W. J. Estelle, Jr., page 2
prisoners liable for the cost of their maintenance .except in relation to
the work-furlough program. See V. T. C. S. arts. 6203c, 5 9(b)(2),
6166x-3, § 6. By expressly indicating particular circumstances in which
a prisoner can be required to reimburse the state, we think the Legislature
has negatived any idea that pi+soners may be generally required to do so.
While it may be better policy for the Veterans Administration to pay
prisoners’ benefits, if at all, directly to the prison which is incurring
the veteran’s educational expenses, that policy question is one determined
by federal authorities. See
- 38 U.S. C. $1651, et seq.; 77 Am. Jur. 2d
Veterans $152. et seq.
SUMMARY
The Texas Department of Corrections has no
statutory authority to require those prisoners to whom
college educational opportunities will be extended to
apply for federal veterans educational benefits or to
reimburse the Department of Corrections.
Very truly yours,
Attorney General of Texas
APPROVED:
DAVID M. KENDALL, First Assistant
d
C. ROBERT HEATH.
Opinion Committee
Chairman
p. 2863