OFFICE OF THE AlTORNEY GENERAL OF TEXAS
AUSTIN
Honorable Abner L. Leria,Member
Board of Pardona.& Paroles
Austin, Texas
Dear Mr. Lewis: opinion RO. n-7193
./I
Rer Whether or not defi/clenoy rar-
rants can be issued fdr balance
IFe beg to
opinion of this Department on
ter being as follorsr
Board of Pardons and Paroles because of equipment and
files necessary to the conduct of the Board's business.
In ne~otlation with the lessor today, he has agreed to
accept a deficl4ncT warrant for the sum of *3f?.OO per
month for the remaining three months Of this fisoal
year and hold same until Pawent Is finally authorized
le~a\Yy. It Is understood, however, that beeinning on
Septemher lst, 1046, the Board will heFin the pawent
Aonorable Abner L,. Lewis - page 2
of eOO.00 uer month for the remaining one year ooter-
ed by said lease, it being the purpose of the Board
to request additlonal bud&et allowances to cover the
remaininp portion of the lease when the Legislature
meets In January 1947.
*Row, the purpose of this request for an opin-'
ion Is to aroertainr
*'Can this Board IsgaIly issue Its
doficienoy warrants ooverlng the M8.00
per month for the balanos of the fisoal
rear 194.5-1848, up to and including
September let, 194fJ.'
'It 1~ to be understood that all other provisions
of the lease shall remain lntaot exoepting the olause
of ten days not108 from the lessor to lessee to vacate,
but retaining the olause permitting the Board to aan-
ccl the lean8 upon thirty days notice."
Your question must be answered In the negative.
A copy of the rental oontract between your Board and
Mr. Henson attached to your request dlsOloses that the lessor
reserved the right to canoe1 and terminate the leane at the end
of any oalendar month, by giTlng to the l~ess~e written notice
of such cancellation, either In person or by mall, at least ten
(10) days previous to the desired canoellation date. It appears
from your statement the lessor has availed himself of that prirl-
lea=, so that your Board stands in need of offi spa08 or quar-
ters from and after the termination of the lease through the exer-
cise of that option.
Senate Bill Yo. 266 passed by the 48th T.episIature, ln-
sofar as applicable, is as fOllOWst
” Section 1 Hereafter all departments and agen-
l
cies of the State Government, rhea rental spaoe Is
needed for carryink on the ess4ntlal functions Of
sllch apncies or dcpart~mentn of the Stats Government,
shall submit to the State Board of Control a request
therefor, giving the type , kind, and sj.ze of building
needed, together njth sn? other necessary descr!.ptlon,
and stat&p the purpose for Which it ~111 he used and
the need therefor.
852
Ronorblle Abner 1,. Lewis - page 3
.SOd. 2. The state Board of Control, upon ra-
oelpt of such request, and if the money has been
made avallabl e to pay the rental thereon, and If,
In the disoretion of the Board suuoh space Is need-
ed, shall forthwlth advertise in a newspaper, which
has been regularly published and/ciroulated in the
city, or town, where such rental spaoe is sought.,
for bids on suoh rental spaoe, for the uses indi-
cated and for a period of not to exoeed two years*
After suoh bids have been received by the State Board
of Control at its prinoipal offloe In Austin, Texas,
and publicly opened, the award for suoh rental con-
traot will be made to the lowest and best bidder,
and upon such other terms as may be agreed upon-
The terms of the oontraot , together with the notioe
of the award of the State Board of Control will be
submitted to the Attorney General of Texas, who will
cause to be prepared and exeouted in aoaordanoe with
the terms of the agreement, such contract in quad-
ruplioatet one of which will be kept by eaah party
thereto, one by the State Board of Control, and one
by the Attorney General of ‘fOXas* The parties to
suoh contract will be the department or aeenay of
the government usins. the spaae as lessee and the
parts renting the spa04 as Iessor0"
In clear terms this statute provides for dust such
need as confronts your Board , and constitutes the only method
authorized by law to obtain such needed space.
This holding Is one of many heretofore rendered by
this Cepartment to the name general effect.
Yours very truly
h?ii 5 1946
,A- ';yqT~ ATTORNEY GZ3NERAt OF TEXAS
Assistant
0s-m