OFFICE OF THE A-ITORNEY GENERAL OF TEXAS
AUSTIN
Honorable C. H. Cavnesa
ZLate Auditor
hlst in ( Texas
Dear Mr. Cavness:
Taxes Na-
Referenoe 13 made to
to nhich you attaohed oertaln
ofrio in oonneotlon wlth ou
What lo the of the Texas Ha-
tional Guard is it a State
y Board was oreated by
the Leglsla ture alter eflo of the State
t is an agenoy 0r the State lt
aving an ln~lvlduality separate
e acoomplishment or the purposes
Art. SSQOb, V.~k. 0. 9.; ‘MIBS
he .above mentioned~ Eouston Light .Cuard
tion, Ino. property belong on the books
General’s Department .or should, It be re-
ok3 of the Texas National Guard Armory
House Coacurrept Resolution No. 30 as adopted by the
46th J,egislature, 1939; acoepted on behalf of the State the proy-
erty of the Houston Llpht c%mrd Veterans Asaooiation, InO. iOr
the use anti banefit of the Houston Light Guard, now besfgnated
693
Honorable C. II. Cavness, page 2
as a0qiany c:, One Hundred and Forty-third Infantry. The eo-
ceptanae of the deed to this property vested title In the
State. Tha Resolution provided that the deed be delivered
to the Jdjutent reneral, and that the buildinp. be deslmated
as a Texas Natianal Guard ,‘rmory. ‘Vie are of the opJ.nicn the,.
tba Instruments or oonveyanoe abould be kel:,t in the custody
or the :,dJutant Ceneral’n Department aa is provided ii: .:ectlon
2 or .:rt. 6890b, whioh Is as r0ii0w8:
*3eo. 3. As and when any of the property owned
by the F!oard shall be fully peId far, iree of all
liens, and all debts and other oblfgatisns lnourred
in oonneatlon with the aoquisltlon or oaaatruotlcin of
suob property have been fully paid, the Roard shell
dormte, transfer and convey auoh property, by appro-
prfets instrument8 of transier and oonveyenoe, to the
State of Texas, and suob instruments of transfer and
conveyanoe shall be kept In the custody of the kdju-
tant General*s Department.”
-3. %hen the 36th Dlvislon Aviation Airport and
Ahwry property has been paid for In full, should this
property be recorded on the books of the Adjutant Cen-
eral’s Department or should It be recorded on the books
of the Texas National Guard Armory Board?
“4. Bar the further guldanoe of all aoneerned,
should land and buildings aoqulred or constructed by
funds expended by the Texas NatIonal Guard Armory E&bard
upon final payment., be recorded on the books or the Ad-
jutant General’s Department or the Texas National Guard
Armory Board?*
The provlslons 0r Sec. 3 of Art. 5890b oontrol In this
oaae also. “rhen the property Is fully pald for, It must be trans-
ferred to the State at’provided by law; and the instruments Or
conveyanoe must be kept In the custody of the Adjutant General’s
Department.
Our dIscussIon- of your iIfth question will be applioable
to these questtons else.
*5. 1.1 the event t&at any of the 9rIIiDry property
croduoes inoome, wbiob is the 0856 with the AirFOrt prop-
erty, as some of the hangers ware leased to the PxaniSi
.,.
..
fX%?
Honorable C. Ii. Cavness, pspe 3
Airways Corporation, also to tbs C. A. ,A., should
suah revenue revert to the Adjutant General’s De-
-partmsnt 3r tc f!;e TexaE Notional fuard !mnory Foard
after suoh properties have been fully paid Sor and
deraied to the .,tste of Texas?”
As we vie* the Texre National Guard irmory Eoard Act
in relation to your questions, we sre of the opinion that the
Leplslature InteMded the Act to have a duel purpose.
The first purpose was to oreate an s~cncy, in the ab-
senoe of an existing aionay, with authority to oooperste with
the United :%tetes Government, by securing available federal
funds to construot National Guard Armrles in the State. By
subsequent amendments the Board was Riven almost unlimited
power to scooapllsh this purpose.
TW seoond purpose of the Act in effect made the Armory
Board the managing agenoy of the Stste in respect to al: Texas
National Guard property. Seation 2 of the Aot provided that the
Roard have ohsrpe of the malntensnoe end operation of all Texas
National Guard ‘rrmorles, end all other property and equipment
necessary or usetul in co::.neotlon with them.
The two purposes, as we have expressed them, are not
in confllot.
In oonnaotlon with this disoussion we refer to our
Opinion No. O-5695, when we held that the Armory Board was
authorized to keep, the Income derived from the rental oi the
Houston Airport prc:perty. That property was aoqulred snd lm-
provements msde throvh oooperstlon with federal a&eacles. The
Armory Eoard borrowed money to furnish the State's part of the
east. The rents and revenuers were pledged as seourity. At
such tims ar. that property, or any other in like oondltlon, be-
comes free and clear of ali debt8 and lnoumbranoes, it Is then
to be trensferred to the Ststs by approprlnta instruments of oon-
veyanoe as provided for in :;eotion 3 of the Act. I!‘hen the oon-
vcyexme is effected the status of the Armory Board, in respect to
the particular property, Is changed from owner to that of manap-
lng a rent, and as aoh the Board must manac.e, control and maln-
tuln the property for the use end benefit of thn Texss National
Guard.
,khen ttiri change ot status occurs, It is our opinion
that, in the absenaa of an eripress provision in the :mnOry Boerd
695
Honorable 0, B. Cavne66, page 4
Aot, any fumls 6erived from the renting OS the property tra.tu-
fsrred to the Stats mnat be held by the Armory Board pending
dlspoaltlon of suoh funds by en appropriate Act or the Legl~-
lature.
In this later statue as Managing Agent ror t&e State,
the Armory Board la dependent on legislative appropriations for
funds to manage, maintain and operate Texas Rational Guard Armor-
lea, stablea, hangers and other property rued in oonneotlon with
them.
The raoorde of the Adjutant General's Department should
refleot ownership in the State of all property irae of debt. Suoh
property should be oarrlsd on the booka of the Armory Board in a
proper manner refleotlng maintenanoe and operating oosta.
"6. Is thare any atatate or lam requiring that
the Adjutant General's Dapartxi4nt or the Texas Rational
Guard Armory Board submit any and all leases, deeds;
and other instruments to the Attorney General for ap-
proval?*
The Conatltutlon of Texas established the oftloe of At-
torney Gmmral and prescribed the dotlea of the'offloe. Art. 4,
Sea. 22. Under the General Laws of Texne, Art. 4399, V.'A.'U. 5.
it 18 provided that the offloo of Attorney General be avallablr
to render logal 4sslatanoe to departments of Government.
~~.~ Khlle we do not know of 4 general law,rsquirlng the Ad-
jut4nt General's Department or the Armory DoaTd to submit the ln-
Hruments mentioned in your question to the Attorney General for
,approval, the leg41 e4rvloe4 of this department are available to
those departments in suoh instenoe, and others; and-to other de-
DerQsants of the State 48 wsZ1.
Iu aocordanoe with your reqaeat we 414 returning to the
offloa of the Adjutant General the three dooumants lleted below:
"1. Rssoliitlon of Rouston Light Guard Veterans
Assooiatlon, Ino., authorizing transfer of prop4rty
to State of Texas.
v2. Photo6tatio copy of House Concurrent Resolu-
tion No. 30.
696
Hmorable 0. B. Cavne68, pa&e 5
“3. Deed from the Howton Light Guard Vetarane
Assoalatlon, Ino., to the State of Texas."
Yours very truly
ATTORNXYGiiNFJUL OF TEXA
:. ...:>;s~,
Aasiatant
Untitled Texas Attorney General Opinion
Combined Opinion