Honorable Geo. W. Cox, M. D.
State Health Officer
Texas Board of Health
Austin, Texas
Dear Doctor COX: Opinion NO. 0-6798
Re: Authority to dispcse of certain
personal property no; needed
by a State hospital.
In your letter of August 24, 1945, you have re-
quested an onlnion from this office reliti\:e tc the above
subject and,.Foour+letter containirr,g;,,the,request':aMZ the per-
tinent facts is quoted:
"Bywarranty deed dated June 28, 1945, the
trustees of the London Independent School Dis-
triot, Rusk County, Texas, et al conveyed to the
State of 'Lexas for the use and benefit of the
State department of fiealth 3.47 acres of land,
a part of the T. J. &.rtin original survey, arssk
County, Texas, together with a ten-classroom
school building, water tower, deep well and other
appurtenances and improvements located thereon,
for a consideration of $20,000. cash-in-hand paid.
"The State Realth Officer and the State
Board of Health are ccnverting the school build-
ing into r-i120-bed hospital for the maintenance
and treatment of venereal~ disease patinets. The
classrooms have composition blackboards on the
walls, The County Superintendent of Public In-
struction of Smith County, Texas, proposes to
remove the composition blackboards, chalk troughs,
and holdings, re-finish where the blackboards
were removed, and paint the wslls for the black-
boards, meldings and chalk troughs. These black-
boards, moldings and chalk troughs are cr no use
to the Texas State Department OF Health and the
medical Officer in Charge wants them removed.
Honorable Geo. 1. Cox, Iby. B., Page 2 C-6798
"Thescience room in the school building has
7 science tables with water, gas and W#!dr connec-
tions. These tables have acid-proof sinks and are
valuable in the teaching of chemistry, but are of
no value tom the building as a hospital.
"The roof of the building is partly clBafhtile
and parly composition asphalt and gravel. o
classes of roof have some leaks and considerable
water flows through the roof into the building in
heavy storms. A proposition has been made by a
competent, experienced, builder tc repair the roof,
downspouts and other fixtures in consideration of
receiving in payment the 7 science tables.
"We understand under exist!ng law that if we
should sell' the blackboards and science tables
through the Board cf Control, we will be required
to deposit the proceeds in the general fund of
the State Treasury.
"We wis'n you to advise us a'~:ether we can
legally exchmge the bLackboards and science tables
for the repair of the walls and the roof."
The question here presented is whether public per-
sonal property which is no longer needed may be exchanged for
work or services necessary in the repair of a public building.
No authority for such an exchange has been found but to the
contrary it appears that the disposition of the public per-
sonal prcperty menticned in your letter should be governed by
Article 666, Vernon's Annctated Civil Statutes of Texas as
amended which provides as follows:
"All property belonging to the state, regard-
less of where it is located, under the control of
any department, commission, board, or other state
agency, with the exception of state eleemosynary
Institutlrns, colle:;es, and instituticns cf higher
learning, when it shall.beccme unfit for usa, or
shall be no longer needed, shall be placed under
the jurisdiction of the Board of Control'; and the
Board of Gontrol shall sell such rcrerty after ad-
vertising it not less than four ( 1 ) .'days in a news-
paper fn the county wherein the property is situ-
,ated. Provided, horvever, that if no newspaper is
Honorable GOO. W. COX, M. D.9 page 3 O-6798
published in the, county $$herein the property is
situated, notice cf said ‘sale setting out the time
and place of sale and the ,property to be sold shall
be posted in three (3) public places, one be?~ng
in .a court house in the county wherein the prop-
erty is situated. Provided, however, that if the
value of such personal property is less than One
Hundred ($100.00) Uollars and not sufficient to
justify the cost of advertisement in newspapers
cs outlined above, the Board of Control may sell
such property in any manner that it deems for the
best interest of the state. The money from the
sale of such property, less the expsfise of adver-
tising the sale, shall be deposited in the Stat,e
Treasury to the credit of the Geaeral Hevenue &u~d,~
And provided further, that any property placedrin ”
the hands of the %oard of Control, as outlined here-
in, may be transferred by the Board of Control to
any department, corm&ssion, board or state agency
in need of same, and the debit and credit shall be
made o’n the basis that such prcpeqty can be pur-
chased in the market at the time of the transfer,
if a market exists, and if not, at its actual or
intrinsic value 8,s set by the,board of Control.
The Board of Control shall ma&,%@ written report
to the Comptroller after each sale. The report
shall in~$l$de the following items:
“1. ivatne of the newspaper and the dates of
advertisement of notice of sale; or if pcsted, the
date and place of posting.
“2. Each article received.
“3. The price for which each article was sold.
“4. The name and address cf the person to
whom each angdcle was sold.
“‘This report shall be signed by the 3oard&f
Control and a member of the dep@r&$nt, commission,
board or state a:;ency bar ing ccntrol of the prop-
erty before sale. ‘I’
The above quoted statute requires that in the dis-
position of State property a sale thereof must be made pur-
suant to the procedures set forth and the only exceptions
. .
Honorable Gee. h'. COX, M. D. page 4 O-6798
to such requirements are "state eleemosynary institutions,
colleges and institutions of higher learning." It is not
believed that the State Board of Health or any of its divi-
sions come within these exceptions. It follows therefore
that the science tables and the blackboards or the school
equipment in question must be sold pursuant tc this Article
and the proceeds from such sale deposited in the State Treas-
ury to the credit of the General Revenue h'und.
It appears that the necessary repairs tc the pub-
lic building described in your request should be accomplished
pursuant to Article 670 and 673, Revised Statutes of
Texas as amended which provide as follows:
"T'e
I? Board shall prepare plans and specifi-
cations for improvement and repairs to public
buildings or property of the State, and shall
superintend through its division of‘-public Build-
ings and grounds, the construction cf said work
when such supervision is not otherwise especially
provided for by law." (Article 670)
"?ghen needed improvements or repairs for re-
spective buildings and offices are aalled to the
attention of the Woard by the heads of such de-
partments or offices, the Board shall prcvide for
such repairs or improvements, and they shall be
ma&under its diWction." (Article 673)
The foregoing $onsidered, you are advised that it
is the opinion of this office that under no circumstances may
the school equinment in question be exchanged for the services
necessary in repairing the building and that the nqwpsarg re-
pairs to the building can only be accomplished by the Beard
of Control pursuant to the Articles above menticned.
Very truly yours
ATTORNEY GENERAL OF TEXAS
1
BY Jackson Littleto&
Assistant:.
THIS OPINION
CONSIDEREM AND
APPROVED IN
LIMITED CONFERENCE