Case Information
*1 The Attorney General of Texas November 14, 1984 JIM MATTOX
Attorney Generel Opinion No. JM-233 Mr. Donald J. Kerr
Supreme Court Building Executive Director P. 0. Box 12548 Re: Whether the Texas National Texas National Guard Armory Board Austin. TX. 7871% 2540 512147s2501 P. 0. Box 5218 Guard Armory Board may exchange Telex 9104874-1357 Austin. Texas certain property TeI4copier 5121475.0288 Dear Nr. Kerr:
714 Jackson. Suit4 700 Dallas. TX. 75202.4506
You ask whether the Texas National Guard Armory Board may 2141742.8944 state-ovr.ed for property equally ._ - for Armory Board purposes and vith an established value equal to or greater thar. that of the state-owned property which would be 4824 Albena~Ave.. Suite 160 exchanged. We conc:l.ude that the Texas National Guard Armory Board is El Pa40, TX. 799052793 915/5353u)4 to excha,nge such property. Title 97A. V.Y.C.S., containa the statutory provisions governing !1 T*xrs. Suit0 700 the Texas National Guard Armory Board. The Armory Board is a state nouston. TX. 77002.3111 agency created by article 5931-1 of title. Included in the 713/223-5w6 Armory Board’s spe::Lfic powers is the ~power to “exchange or sell as hereinafter provided” acquired by the Armory Board end 808 Bmadw8y. Salle 312 ptoperty on vhkh the buildings have been constructed. Subdivisions Lubbock. TX. 79401-3479 (6) and (7) of artkle 59314.(a) authorize the board: 8061747.5238 (6) t,c acquire, by gift or purchase, for use 4309 N. Terdh. Suite B as bui1dj.a.g sites or for any other purposes deemed McAllen. TX. 78501.16R5 by said Board to be necessary in connection with 5121682.4547 or for Ihe use of units of the Texas National Guard, property of any and every description, 200 thin Plaza, Suite 400 whether wal. personal or mixed, including, but San Antonio. TX. 78205-2797 without limitation on the foregoing, leasehold 512l225-4191 estates in real urouertv. and hold. maintain. sublease, convey,. and _ exchange sell ai hereinaf+ provided, such property. . . . A” Equal OpportunityI Atlirmative Action Elnpbove-
(7) 1:o COnStNCt buildings on any of its real. property, whether held in fee simple or otherwise. and furnish and equip the same and to hold, manage ark! maintain all of said property . . . and lease and sublease, convey and exchange, sell as hereinafter provided, in whole or in part, all of 11:; property. (Emphasis added).
Mr. Donald J. Kerr - Page 2 constituti~~nal limitations, the disposition of
Subject to state-ovned land is a matter over which the legislature has exclusive Tha power of an ag;e:ncy of the state to convey state property control. See
may be exercised only under the legislature’s authorization. Lorino v. Crawford Packing Co.. 175 S.W.Zd 410, 414 (Tex. 1943); Conley V. Daughters of the?lepublic, 156 S.W. 197, 200 (Tex. 1913); General Opinions J&149 (1984); MU-62 (1979); C-207 (1964); V-787 (1949); V-320 (1947).
The legislature did not: expressly specify in Title 97A the manner in which the Armory Board may exercise its authority exchange state-owned property except that article 5931-10 provides
[a]ny sale or deed made pursuant to the terms of this Act shall rsseme unto the State of Texas a one-sixteenth mireral interest free of cost of production.
We believe that a deed of state-owned property by the Armory Board to is a “deed made pursuant to the terms effect an exchange of property of this Act.” We are n>‘f aware of any general statutes which prescribe procedures l:.n~itatlcns applicable the exchange of Armory Board property. But see V.T.C.S. art. 5421c-12 (sale exchange of land by politi~~~subdivision).
"The word ‘exchange’ has a well-defined meaning and should be construed and given the usu.l:L and generally accepted meaning.” Hoovel v. State, 69 S.W.2d 104. 10;s (Tax. Grim. App. - 1934). An exchange is .the “act of giving or taking one thing in return for another regarded as an l quivaient .” Unitei States v. Paine, 31 F.Supp. 898, 900 (D. Mass. - 1940); Black51 Lav Dictionary (5th ed. 1979); Webster’s New International Dictionary 889 (2d ed. 1947). Hence. we conclude that, subject to the mineral reservation in article 5931-10, the legislature the Armory Board to exchange state-owned for a different property equally for Armory Board purposes and with an estnbl,lshed value at least as great as that of the state-owned property whil:h would be exchanged.
SUMMARY The Texas National Guard Armory Board may state-oirned for property with an established value at least as great as that of the state-owned property which would be exchanged. M A T T 0 X
JIM Attorney General of Texas *3 Mr. Donald J. Kerr - Page 3
TOM GREEN
First Assistant Attorney General
DAVID B. RICHARDS
Executive Assistant General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Nancy Sutton
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin. Chairman
Colin Carl
Susan Garrison
Tony Guillory
Jim Moellinger
Jennifer Riggs
Nancy Sutton