Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN
GROVER SELLERS ATTORNEY GENERAL
Honorable Homer Garrison, Jr., Director Department of Public Safety Camp Malry Austin 9, Texas
Dear Sir:
Opinion No. 6789 Re: Authority of the Department of Public Safety to secure plot of land and erect radio broadcasting station on same out of the general appropriat tion for the years ending August 31, 1947
We acknowledge receipt of your opinion request dated August 1, 1948, concerning the above matter, which reads as follows:
"This department is contemplating obtaining a plot of ground from the city of Arlington, Texas, for the sum of 81.00 and 4thok considerations, on which to erect a Department Radio Station. The city of Arlington has sold all thet they will doed us the property for 81.00 if we will stipulate in the dead that the property is to be used by the Department for the installation of a Radio Broadcasting Station, and if in the event the Department should desire to move this Radio Station that the land will revert back to the city of Arlington. The erection of the building and the radio trans- mitting systems will cost approximately five or six thousand dollars.
"We desire to know if we could, according to law and under our appropriation Bill, secure this plot of land and erect the Radio Broadcasting Station as set forth above."
Articles 4413 (1), 4413 (2), 4413 (4), 4413 (13) and 4413 (15), Revised Civil Statutes of Texas, provide as follows:
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Honorable Homer Carrisen - page 8
"Art. 4413 (1). There is hereby created a Department of Pablis safety of the state of Texas, hereinafter designated as 'the Department," in which is vasted the anforement of the laws protecting the pablic safety and providing for the prevention and detection of crime. The Department shall have its principal office and headquathgess in the city of Austin, where all of its records shall be kept." "Art. 4413 (2). The control of the Department is hereby vested in the Pablic Safety Commission, hereinafter designated as 'the Comnission,' which shall consist of three citizens of this state." " " " "Art. 4413 (4). The Comnission shall formulate plans and polioies for the enforcement of the criminal laws and of the traffic and safety laws of the state, the prevention of crime, the detection and apprehension of violators of the laws, and for the education of the citizens of the State in the promotion of public safety and law observance."
Art. 4413 (15). There is hereby created, as an integral part of the Department, a headquarters Division, consisting of the Bureaus of Identification and Records, Comminications, Intelligence and Education, with the advice and consent of the Comnission, the Director shall employ such chiefs, experts, operators, instructors and assistants as may be necessary for the operation of this Division and the several Bureaus therein." "Art. 4413 (15). 1. It shall be the duty of the Director with the advice and consent of the Comnission to name the Chief of the Bureau of Comminications.
*3 Hecorable Homer Gerrisom - page 3 "2. This Buresu may, when funds are provided, install and operato a polleo radio brosde. easting system for the broadesating infomation eonorning the astivities of violators of the law, and for the dircoting of the astivities and funations of the law onforeament ageneles of the state, the oounties and the muniolpaltitios. It shell cooperate with ounaty and muniolpal polleo aulberities and with polleo radio stations, in this state and in other States. "3. * * * "4. This Burean shell provide for the regid exchange of information, eoneorring the oomnisaion of erimes and the decteodion: of violators of the law, botween the law onforeament ageneles of this state, its oounties and muniolpaltitios and other states and the national government."
In Opinion No. 0-5100, rendered by this department, which holds that the Department of rublis safety has authority to parchase suitable land on which to ereet a redio broodeasting atation, and pay for same out of its appropriations, after quoting the above urticles of the Rovised Civil Statutes, we say: "The statutes above quoted aubberize the installation and operation of a polleo radio broodeasting system for the parpese of preventing erime, deteeting and apprehending law violators, and for the diresting of the eativities and funations of the law onforeament ageneles of the state, the oounties and the muniolpaltitios. Thue, the Department of Public safety oould purchase suitable land on which to install and operate said radio station as a part of said outhorized broodeasting system with monaya appropriated for the instellation and equipment of such a system; first, if appropriations of the departmont are brood enough to cover such a purchase; and second, if such a purchase oould be designated a necessary and incidental oxpense in carrying out the power granted to the departmont to install such a system.
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Honorable Homer Carrizen, page 4
"To think such a purchase is authorized by the General appropriation Bill for the two-year period ending August 31, 1943, known as senate Bill No. 423, p. 1281, 47th leg., 1941, wherein it provides for an annual appropriation for the Department of Pablic Safety, Main Division, designated as item 106, as follows: "106. Postage, supplies, arms, wire communication, radio equipment, radio supplies, printing and contingent expenses; hospitalization and medical services when injured in line of duty, funeral expenses when death results from injuries received in line of duty; surety bonds, books, all necessary expenses of operating a police training echeol at Camp Yabry for training peace officers generally and members of this department, and any other necessary departmental expenses, including equipment . . . . . . $555,950.00." "We have undersoored the words 'any other necessary departmental expenses.' Under the emergency circumstances quoted in your letter the purchase of suitable land appears to be necessary and ineidentel to the establishment of an offieient broadcasting system; suitable land in this respect might possibly be regarded as part of the necessary radio equipment, and the expense for obtaining same may properly be regarded as one of these necessary departmental expenses provided for in the above quoted item 106."
The exact language of item 106 of Senate Bill No. 423, General Appropriation Bill for the two-year period ending August 31, 1943, which provides for annual appropriations for the Department of Pablic Safety is found in item 83 of Senate Bill No. 319, General Appropriation Bill for the two-year period ending August 31, 1947, which provides for annual appropriations for the Department of Public Safety.
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Nonorable Homer Carribon - page 8
The above opinion of this department is supported by the deoislons of the Supreme Court of Texas in the case of Herring vs. Houston National Exobange Bank, 296 S. W. 1081 and in the case of Terrill vs. Sparks, 104 Tex. 191.
In view of Opinion No. 0-3100, rendered by this department, and the authorities cited therein, it is our opinion that the Department of Pablic Safety is authorized to secure the plot of land and erect a radio broadcasting atation on same out of the general appropriations for said departmont, as indicated by item 53 of Senate Bill 819, for the two-year period anding August 31, 1947. re, therefore, anewer your question in the affirmative.
The stipulation, "that the property is to be used by the department for the instellation of a radio broadcasting atation, and if in the event the department should desire to move this Radio station that the land will revert book to the city of Arlington", is a contractual question and it is suggested that the stipulation also provide that the department shall have the right to remove any and all buildings, fixtures and equipment placed upon said land by the department, if, and when, it abandons or moves the Radio Broadcasting Station off of said land.
It is not the intention of this department to pass upon the title of the plot of land in question and the proposed deed, or conveyance, of same from the city of Arlington, Texas, to the department of Pablic Safety. The validity of the title and proposed deed, or conveyance, can be best determined by an examination of the abstract of title to said land and by an inspection of the proposed deed, or conveyance, together with a copy of the charter of the city of Arlington, and the resolutions and orders of said city ineldent to said deed, or conveyance.
Tours very truly
ATTORNEY GENERAL OF TRIAS By