Case Information

*1 Dr. T. 0. waltoll, President Opinion No. o-1376 Re: Power to exchange equip- Agricultural & Mechanical

College of Texas ment between the A. & M. Col- College Station, Texas lege and the Prison Commission. Dear Sir:

This will acknowledge receipt of your letter of

December 11, 1939 requesting an opinion from this depart- ment upon the fol&wing case statement, to-wit:

"In making changes In the Textile Engineer- ing Department of the College there is certain equipment that the College has no further use for and the Prison Commission has proposed to give us in exchange for this equipment motors that we need aud cafl use in our laboratories at the College.

"The Statutes confer authority upon the Board of Directors of the College to sell equipment that belongs to the College, but when this question was presented to the Board, of making an exchange, some members of the Board felt that perhaps the Board does not have legal authority to authorize the ex- change. you please advise me whether it is wlth-

llWill In the legal powers of the Board of Directors this College to make the exchange proposed by the Prison Commission authorities?"

The equipment belonging to our various State insti- tutions is, of course, State property, and may not be dis- posed of by any one except by legislative authority.

We find no statutory authority for the exchange of equipment suggested by you. The policy of the State with re- spect to supplies, equipment and the like to our State insti- tutions is evidenced by Article 634 of the Revised Civil Statutes, which provides:

“The Board of Control shall purchase all the supplies used by each department of the States government, Including the State Prison System,and each eleemosynary institution normal school, Agricultural & Mechanical College, University Texas and each and all other State schools or depa.&ents of the State government heretofore or .hereafter create&w

.: ,. Article 634 l/2 specially authorize6 the Board of ,.Coptrol to .bontract with the State Prison Board for the pur-

chase of certain supplies, equipment .and materials for use by other State Institutions. k%.cle 660 authorizes an emergency for necessary contract supplies or equipment.

.Obv1ously, these Articles declare the general policy, but do not furnish any rule for guidance in respect to. the present inquiry.

Article 665 declaresi

“The State Board of Control shall have charge protect any public buildings against any existing or threatened fire hazards.”

It is the ‘opinion of this department that this ArtZ- cle would authorize the Board of Control to accept from any State. department or Institution under Its control supplies .end equipment no longer usable or needed for use by such department or institution and to place the same in the hands of any other -department or i nstitution having need of the same (at least temporarily if not permanently) where such exchange is mutually satisfactory to the two departments or institutions concerned, as auact of conservation under the general power above confer- red on the. Board. Such surrender or mutual surrender of equlp- ment, and the further disposition thereof by the Board, would, of course, by this method be made a matter of public record *3 and the State proprietary rights would be adequately pre- served within the spirit, If not the latter, of Article 665.

Very truly yours JU!TORNFXGE%ERALOFTEXAS By /s/ Ocle Speer Ocle Speer, Assistant APPROVED DIG& 1939 /s/ Gerald c. Mann

ATTORREYGHVERALOFTJZXAS

APPROVED: OPINION COMMITTEE

BY: Rw, CHAIRMAN

OS:m:wb