T'msA~~oamim~ GENEZRAL
OF ?I?ExAs
A- 1s.-
W’ILL WILSON
A-rroR- a-RAI.
January 27, 1961
Mr. 0. B. Ellis. Mrector Ooinlon No. W-ggl
Texae~Bepartment of Corrections -
Huntsville, Texas Re: Construction and
effeot of Article
5382d of Vernon's
Dear Mr. Ellis: Civil Statutes
You have requested our opinion on the following
questions:
“1. Should royalties and rentals paid
after the passage of Article 5382d, Vernon's
Civil Statutes, on leases of prison lands
which were executed prior to June 2, 1951,
be credited to the Special Mineral Fund of the
Texas Department of Corrections?"
“2. Should all revenue be c?:?dl.ted to
the Special Mineral Fund of.the Texas Department
of Correctlona where such revenue is derived
from leases on prison lands which were executed
after the effective date of Article 5382d, VW?"
Article 6203a, Vernon's Civil Statutes,created the Board
for Lease of Texas Prison Lands. This Board waa empowered to
lease all or any part of lands owned by the State of Texas aa
Texas prison lands. Thi.o Act also provided that "Royalties
as stipulated in the sale shall be paid to the General Land
Office at Austin, Texas, for benefit of the General Revenue
Pund..." We are advised that gwauant to this Act the Board
med certain prison lands, fram which oil and gas has been
produced. Royalties therefrom have been recelvra and were
deposited to the credit of the Ge.leral Revenue Fund as pro-
vided in the Statute.
Subsequently, Article 5382a, Vcrnonls Civil Statuter+ was
enacted by the 52nd Legislature and became effective on June 2,
1951. This Act provided that lands thereafter owned or held
for the use or benefit of any Department, Board, or Agency of
the State of Texas might be ieased. The Board la comprised of
the Commiasloner of the General Land Office, the Attorney
General, and "the particular President or Chairman of the
Fhard w Acency, or Head of the Department charged G