Case Information

*1 Honorable Geo. W. Cox, M. D.

State Health Officer

Texas Board of Health

Austin, Texas Opinion NO. 0-6798

Dear Doctor COX: Re: Authority to dispcse of certain personal no; needed by a State hospital.

In your of August 24, 1945, you have quested an onlnion this reliti\:e the above subject and,.Foour+letter containirr,g;,,the,request':aMZ the per- tinent facts is quoted: deed dated June 28,

"By warranty trustees of the London Independent School Dis- triot, Rusk County, Texas, et al conveyed State 'Lexas the use and benefit of the fiealth 3.47 acres State department land, a part of the T. J. &.rtin original survey, arssk County, Texas, together with a ten-classroom school building, 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 build- ing r-i120-bed hospital the maintenance The and treatment of venereal~ disease patinets.

classrooms have composition blackboards on the The County Superintendent of Public In- walls, struction of Smith County, Texas, proposes remove the composition blackboards, chalk troughs, and holdings, re-finish where

were removed, and paint the wslls the black- These black- boards, meldings and chalk troughs.

boards, moldings and chalk troughs are cr no use to the Texas State Department OF Health

medical Officer in Charge wants them removed.

Honorable Geo. 1. Cox, Iby. B., Page 2 C-6798

"The science room in the school building has 7 science gas and W#!dr connec- tables with water, 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 is partly clBafhtile and parly composition asphalt and gravel. o classes of roof have some leaks and considerable flows through the roof heavy storms. A proposition has been made by a experienced, builder tc repair the roof, competent, downspouts and other fixtures in consideration receiving in payment the 7 science tables.

"We understand under exist!ng law that if we should sell' and science tables 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 the repair the walls and the roof."

The question here presented is whether public per- sonal property which is no longer needed may be exchanged work or services in the repair of a public building. No authority such an exchange has been found but contrary it appears the disposition of the public per- sonal prcperty menticned be governed by Vernon's Article Annctated Civil of Texas as amended which provides

"All property belonging to the state, regard- of where located, under the control board, or other state agency, with the exception of state and instituticns cf higher

Institutlrns, colle:;es, when it shall.beccme unfit for usa, learning, be no longer needed, be placed under jurisdiction the Board of Control'; rcrerty ad- Board of Gontrol sell such vertising it not than four ( 1 ) days in a news- .' paper fn the county wherein is situ- ,ated. horvever, if no newspaper *3 Honorable GOO. W. M. D.9 page 3 O-6798

published in the, county $$herein the property 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. however, if the value of such personal 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 in any manner such property it deems the best interest the state. The money the sale of such property, expsfise of adver- shall be deposited in the Stat,e tising the sale, Treasury 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 corm&ssion, board or state agency in need of same, and the debit and credit made o’n the basis such prcpeqty can be pur- chased 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 each sale. The report in~$l$de the following items: ivatne of the newspaper and the dates

“1. advertisement of notice of sale; if pcsted, 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 whom each angdcle was sold.

“‘This report be signed by the 3oard&f Control and a member of the dep@r&$nt,

board or state a:;ency bar ing ccntrol the prop- erty before sale. ‘I’

The above quoted statute requires in the dis- position of State property a sale thereof must be made pur- suant the procedures set forth and the only exceptions

. .

Honorable Gee. h'. M. D. page 4 O-6798

to such requirements are "state institutions, colleges and institutions of higher learning." It is not believed the State Board of Health or any of its divi- sions come within these exceptions. It follows therefore the science 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 the General Revenue h'und.

It appears the necessary repairs the pub- lic building described request be accomplished pursuant to Article 670 and 673, Revised

Texas as amended which provide "T'e Board shall prepare plans and specifi- I?

cations for improvement and repairs to public buildings or property the State, and shall superintend 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 re- spective buildings and offices are aalled

attention the Woard by the heads of such de- partments or offices, the Board prcvide such repairs improvements, and they shall ma&under its diWction." (Article 673)

The foregoing $onsidered, you are advised the opinion of this that under no circumstances may equinment in question be exchanged the services nqwpsarg in repairing and that pairs can only be accomplished by the Beard of Control pursuant the Articles above menticned.

Very truly yours ATTORNEY GENERAL OF TEXAS 1 Jackson Littleto& BY Assistant:.

THIS OPINION

CONSIDEREM AND

APPROVED IN

LIMITED CONFERENCE