EXAS
Lt. Col. Harry B. Kelton w
Texas National Guard Armory-Sward-
West Austin Station
Austin 31, Texas
Opinion No. C-242
Re: Whether property in the cus-
tody of the Adjutant General
is required to be transferred
by the Adjutant General to the
Texas National Guard Armory Roard
Dear Colonel Kelton: under the facts submitted.,
Your request Eor::anopinkonreads ,ti5 follows:
"The Texas National Guard Armory Board
has constructeda Rational Guard armory at
Camp Wolters and an administrativebuilding
at Camp Mabry and contemplates the construc-
tion of one or more armories at Camp Mabry
in the near future; all such constructionis
on sites provided by the Adjutant General of
Texas.
"The armory constructedat Camp Walters
and the ones to be constructedat Camp Mabry
are financed out of funds derived from the
sale of bonds under the Armory Board% Trust
Indenture and are leased or to be'leased to
the Adjutant General'pursuantto Article,5786,
V.C.S.
"The administrativebuilding at Camp Mabry
was constructed from the proceeds of the sale of
an armory at Waco (formerlyGrand Lodge Build-
ing) and is not the subject of any lease.
I,. . .
"At the present time both the Armory Board
administrativebuilding at Camp Mabry and the
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Lt. Col. Harry B. Kelton, page 2 (C-242) :
armory building at Camp Wolters are carried
on the Armory Hoard inventorywhereas the
land remains on the State Property Inventory
as property of the Adjutant General's Eepart-
ment.
"To enable us to properly comply with
the provisions of Article 5786, V.C.S. and
the provisions of the Armory Board Trust
Indenture,should the land and buildings at
Camp Wolters and Camp Mabry be formally
conveyed to the Armory Board?
"Should such property be formally con-
veyed to the Armory Hoard to comply with the
provisions of Article 6252-6, V.C.S.?'
Article 579Oa, Vernon's Civil Statutes, reads as
follows:
'For and on behalf of the State of
Texas, the Adjutant General is authorized
to designate and transfer any of the State-
owned National Guard Camps and all land and
Improvements,buildings, facilitiesand ln-
stallatlons,and personal property in con-
nection therewith.or arw nart of the same,
except Camp Mabry; Austin,‘Texas.to the
Texas National Guard Armory Board, either
for the purpose of administrationthereof
or for the purpose of sale or proper dis-
posal otherwise when designatedby the
Adjutant General as ~surplus~or In excess
of the needs of the Texas National Guard,
Its successors or components. The Adjutant
General is authorizedpr&or to declaring
the above-describedproperty asl!surplus'
and transferringsame to the Texas National
Guard Armory Board, to remove, sever, dis-
mantles or exchange any of said property
for the use and benefit of the Texas National
Guard or its successors." (Emphasis added)
These provisions were amended in 1963 by the Legislature
and are now codified as Section 5 of Article 5781, Vernon's
Civil Statutes, which reads as follows:
"For and pn behalf of the State of Texas
the Adjutant General ie authorized to designate
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Lt. Col. Harry B. Kelton, page 3 (C-242)
and transfer any of the state-ownedNational
Guard camps and all land and improvementsp
buildings, facilities,and installationsand
personal property in connection therewith,
or any part of the same> to the Texas National
Guard Armory Boardp eithe- for the purpose of
administrationthereof or for the purpose of
sale or proper disposal otherwise when desig-
nated by the Adjutant General as 'surplus8or
in excess of the needs of the Texas National
Guard, its successorsor components. zTheAd-
jutant General is authorized prior to deelar-
ing the above described property as 'surplus'
and transferringsame to the Texas National
Guard Armory Board, to remove, sever, dismantle,
or exchange any of said property for the use
and benefit of the Texas National Guard or its
successorsD"
It is noted that the exceptlor applicable to Camp Mabry was
not carried forward in the 1963 amendment.
Section 4 of Article 5781, Vernon's Civil Statutes,
provides:
"The Adjutant General shall be in control
of the military department of this state and
subordinateonly to the Governor in matters
pertaining to said Department,01"the military
forces of this state; and he shall perform
such duties as the Governor may from time to
time entrust to him relative to the military
commissions,the military forces, the military
stores and supplies, OP to other matters re-
specting military affairs of this state; and
he shall conduct the business of the Department
in such manner as the Govesmor shall direct. He
shall have t&e custody and charge of all books,
records, papers, f'urniture,fixtures,and other
property relating to his Department,and shall
perform aa near as practicable, such duties as
pertain to the Chiefs of Staff of the Army and
Air Force and the Secretaries of the military
services,under the regulationsand customs of
the United States Armed Forces,
"'Forand on behalf of the State of Texas,
the Adjutant General is authorized to execute
- .
Lt. Cal. Harry B. Kelton, page 4 (C-242):
leases or subleases between the State of
Texas, as lessee or sublessee,and the
Texas National Guard Armory Board, as les-
sor'or sublessor, for any building or build-
ings and the equipment therein and the site
or sites therefor to be used for armory and
other proper purposes, and to renew such
leases or subleases from time to time; and
the Adjutant General shall not lease or sub-
lease any property for armory purposes in or
about any municipalityfrom any person other
than the Texas National Guard Armory Board, so
long as adequate facilities for such armory pur-
poses in or about such municipalityare avaflable
for renting from the Texas National Guard Armory
Board."
The powers of the Texas National Guard are stated
in Section 7 of Article 5786, Vernon's Civil Statutes.
Paragraph (7) of subdivision (b) of Section 7 of Article
5786 grants the followingpowers to the Texas National
Guard Armory Board:
"To construct buildings on any of its real
property, whether held in fee simple or other-
wise, and to furnish and equip the a&me and to
hold, manage and maintain all of said property
and to lease to the State of Texas in the same
manner as hereinafterprovided with respect to
other property, the buildings, and the sites
thereon situated, which It may construct at
Camp Mabry, Camp iiulenand Camp Wolters, and
to lease and sublease, convey and exchange, in
whole or in part, all of Its property not lo-
cated in either of said camps, and/or to pledge
the rents, Issues and profits of all of said
property, wherever located, in whole or in part;
provided, however, that before~any building is
constructedby said Board on the lands eompris-
ing either of said camps, the site therefor, in
maximum area two hundred thousand (200,000)
square feet, shall, promptly on said Boards6
request therefor to the said AdJutant General,
be selected and described by a Board of Officers
appointed from time to time for the purpose by
the said Adjutant General, and such description
shall be certified to said Armory Board and a
copy thereof shall be furnished to and preserved
in the office of said AdJutant General; and
Lt. Col. Harry 8. Kelton, page 5 (C-242).
provided further, that when so selected
and described and constructedupon, such
sites shall be and become the property of
the said Armory Board, for all the pur-
poses contemplatedby the Act of which
this Section is a part, as fully and ab-
solutely as if the same had been acquired
by a gift to or purchase by said Armory
Board.
"All such property, together with the
rents, issues and profits thereof shall be
exempt from taxation by the State of Texas
or by any municipal corporation,county or
other political subdivisionor taxing district
of this state."
In view of the foregoing,you are advised that such
sites become property of the Armory Board as a matter of law,
when selected in accordancewith the provisions of paragraph
(7) of subdivision (b) of Section 7 of Article 5786, and
constructedupon. Therefore, it is not necessary that such
property be formally conveyed to the Armory Board.
SUMMARY
Where armories are constructedon sites
at Camp Mabry, Camp Hulen and Camp Walters
pursuant to the provisions of paragraph (73
of subdivision (b) of Section 7 of Article
5786, Vernon's Civil Statutes, such property
becomes the property of the Armory Board as
a matter of law, and no formal conveyanceby
the Adjutant General is required.
Yours very truly,
WAGGONER CARR
Attorney General
JR:ms:sj
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Lt. Col. Harry B. Kelton, page 6 (C-242): :
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
George Gray
Milton Richardson
Arthur Sandlin
APPROVED FOR THE ATTORNEY GENERAL
BY: Stanton Stone
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