May 8, 1952
Hon. R. C. Lanning Opinion No. V-1455
Chairman
State Board of Control Re: Authority of the Board
Austin, Texas of Control to allocate
to the Texas Education
Agency certain space
in.the State Land Office
Building which Is now
occupied by other de-
Dear Sir: partments.
Your request for an opinion of this office
is as follows:
"The Board of Control, in endeavoring
to carry out the mandate of the Legislature
that the Texas Education Agency shauld be
acoommodated in contiguous offices,,desires
to allocate adequate space In the State Land
Office Building for the Texas Ed,ucation
Agency.
"Since the State Banking Department
has moved from the Walton Building and the
Board of Insurance Commissioners has moved
from the State Land Office Building, it Is
possible at this time to allocate substan-
tially equivalent office space for two
State Departments now remaining In the
State Land Office Building, where,uponade-
quate space for the Texas Education Agency
will exist in the State Land Office Bulld-
ing.
"It Is the.vlew of the Board of Con-
trol that the provisions of Article 665,
Vernon's Civil Stat,utes,authorizing this
department to allocate space In the public
buildings to the departments, authorize
and require the Board to make changes in
the space allocations In the public bulld-
ings from time to time as the Board finds
Hon. R. C. Lanning, page 2 (V-1455)
necessary to promote the efficient utili-
zation of the public buildings in its
charge.
"Two State Departments which now
Occupy space In the State Land Office
Building can be housed In substantially
equivalent space In other public build-
lngs, namely, the Walton Building and
the Capitol Building, respectively, but
these departments have questioned the
authority of the Board of Control to
require that they move from the space
they now occupy.
"The Board of Control requests the
opinion of your office concerning the au-
thority of the Board under Article 665,
to allocate space in the State Land Of-
fice Building now occupied by other de-
partments to the Texas Education Agency."
-
Article 665, V.C.S., Is as follows:
"The State Board of Control shall
have charge and control of all public
buildings, grounds and property of the
State, and is the Custodian of all public
personal property, and is charged with the
responsibility to properly care for and
protect such property from damage, in-
trusion or improper usage, and the Board
is expressly directed to take any steps
necessary to protect any public bulld-
lngs against any existing orthreatened
fire hazards. And the Board shall be
authorized to provide for the allocation
of space In any of th public buildings
to the departments ofethe State Govern-
ment and for the uses authorized by 'law
to have and occupy space In the State
and shall be authorized to
%F-
ma e any repairs to any such buildings
or parts thereof necessary to the serv-
iceable accommodation of the uses to
which such buildings or space therein
may be allotted. Provided the Board of
Control shall not be understood to have
or exercise any authority to direct the
Hon. R~ C. Lannlng, page 3 (V-1455)
allotment of space in any public building
in any manner calculated to increase the
operations of any department or use be-
yond the discharge of duties devolved by
provision of law. Said Board of Control
shall remove all occupants of all commit-
tee rooms in the Capitol and keep them
free for Legislative work, Provided,
however, that the allocation of any space
affecting the quarters of either House of
the Legislature, must have the approval of
the Speaker of the Ho,useof Representatives
or the Lie~utenantGovernor, the approval
being for the quarters alltcated to the
particular House affected. (Emphasis added,)
The Legislature has the'exclusive authority
to place property owned by the State in the custody
and control of the agency of the State it deems best
suited for such duties. Conley v. Da,ughtersof the
Republic, 106 Tex. 80, 156 S,W. 197 (1913)0 The
Legislature, by the enactment of Article 665, has
placed the custody and control of the public build-
ings, gro,unds,and property of the State In the Board
of Control. It has directed that the Board shall al-
locate space In the public buildings under Its custody
to the departments of the State government for the
uses authorized by law, subject to the following llml-
tation:
If
0 IID Provided the Board of Control
shall not be ,understoodto have or exercise
any authority to direct the allotment of
space in any public building In any manner
calculated to increase the operations of
any department or use beyond the discharge
of duties devolved by provision of law.
" o 0
Unless this limitation, which Involves a
fact iss,uebeyond the scope of our opinion, is in-
volved, It is our opinion that it Is within the dis-
cretion of the State Board of Control to determine
the allocation of space outlined in your request and
make the changes contemplated.
, .A
Hon. R. C. Lanning, page 4 (V-1455)
SUMMARY
It is within the discretion of the
State Board of Control to allocate to
the Texas Education Agency certain space
now occupied by other departments in pub-
lic buildings under the custody of the
Board of Control. Art. 665~,V.C.S. The
power of the Board of Control In this mat-
ter is limited o,nlyby the provisions of
Article 665 requiring that it shall not
allot space "in any manner calculated to
increase the operations of any department
or use beyond the dlscharge,,ofduties de-
volved by provision of law..
Yours very truly,
APPROVED: PRICE DANIEL
Attorney General
J. C. Davis, Jr.
County Affairs Division
Mary Kate Wall
Reviewing Assistant
Assistant
Charles D. Mathews
First Assistant
JR:mh