Case Information
*1 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 in oonneotlon wlth ou
ofrio lo of the Texas Ha-
What tional Guard is it a State
y Board was oreated by alter the Leglsla ture eflo of the State t is an agenoy 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 *2 II. Cavness, page 2 Honorable C. c:, One Hundred and Forty-third Infantry.
as a0qiany
The eo- ceptanae of the deed to this property vested title In 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: 3. As and when any of the property owned
*3eo. by the F!oard shall be fully peId far, iree of all and all debts and other oblfgatisns lnourred liens, 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 and oonveyenoe, to the of transier 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 or constructed by aoqulred 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?* Sec. 3 of Art. 5890b oontrol In this
The provlslons “rhen the property Is fully pald for, It must be trans- oaae also. to the State at’ provided by law; and the ferred 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. 1.1 the event t&at any of the 9rIIiDry property
*5. croduoes inoome, wbiob is the 0856 with the AirFOrt prop- erty, as some of the hangers ware leased to the PxaniSi
.,. *3 . . 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 tc f!;e TexaE Notional fuard !mnory Foard
after suoh properties have been fully paid Sor and deraied to .,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 of oon- veyanoe as provided for in :;eotion 3 of the Act. I!‘hen the oon- is effected the status of the Armory Board, in respect to vcyexme 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
Honorable 0, B. Cavne66, page 4 from the renting OS the property tra.tu-
Aot, any fumls 6erived to the Stats mnat be held by the Armory Board pending fsrred dlspoaltlon of suoh funds by en appropriate Act or the Legl~- lature.
In this later statue t&e State, as Managing Agent ror 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 deeds; Guard Armory Board submit any and all leases, and other 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. that the offloo of Attorney General be avallablr it 18 provided 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.
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 ATTORNXY GiiNFJUL OF TEXA :. ...:>;s~, Aasiatant