Untitled Texas Attorney General Opinion ( 1984 )

The Attorney General of Texas
November 14, 1984
JIM MATTOX
Attorney Generel
Supreme Court Building
Mr. Donald J. Kerr Opinion No. JM-233
P. 0. Box 12548 Executive Director
Austin. TX. 7871% 2540 Texas National Guard Armory Board Re: Whether the Texas National
512147s2501 P. 0. Box 5218 Guard Armory Board may exchange
Telex 9104874-1357
TeI4copier 5121475.0288
Austin. Texas 70763 certain property
Dear Nr. Kerr:
714 Jackson. Suit4 700
Dallas. TX. 75202.4506
You ask whether the Texas National Guard Armory Board may
2141742.8944
exchange
._ - state-ovr.ed property for a different property equally
suitable for Armory Board purposes and vith an established value equal
4824 Albena~Ave.. Suite 160 to or greater thar. that of the state-owned property which would be
El Pa40, TX. 799052793 exchanged. We conc:l.ude that the Texas National Guard Armory Board is
915/5353u)4
authorized to excha,nge such property.
!1 T*xrs. Suit0 700 Title 97A. V.Y.C.S., containa the statutory provisions governing
nouston. TX. 77002.3111 the Texas National Guard Armory Board. The Armory Board is a state
713/223-5w6 agency created by article 5931-1 of that title. Included in the
Armory Board’s spe::Lfic powers is the ~power to “exchange or sell as
hereinafter provided” property acquired by the Armory Board end
808 Bmadw8y. Salle 312
Lubbock. TX. 79401-3479
ptoperty on vhkh the buildings have been constructed. Subdivisions
8061747.5238 (6) and (7) of artkle 59314.(a) authorize the board:
(6) t,c acquire, by gift or purchase, for use
4309 N. Terdh. Suite B
McAllen. TX. 78501.16R5
as bui1dj.a.g sites or for any other purposes deemed
5121682.4547 by said Board to be necessary in connection with
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
512l225-4191
without limitation on the foregoing, leasehold
estates in real urouertv. and hold. maintain.
sublease, convey,. and _ exchange or sell ai
A” Equal OpportunityI hereinaf+ provided, such property. . . .
Atlirmative Action Elnpbove-
(7) 1:o COnStNCt buildings on any of its real.
property, whether held in fee simple or otherwise.
and to furnish and equip the same and to hold,
manage ark! maintain all of said property . . . and
to lease and sublease, convey and exchange, or
sell as hereinafter provided, in whole or in part,
all of 11:; property. . . . (Emphasis added).
p. 1047
Mr. Donald J. Kerr - Page 2 (JM-233)
Subject to constituti``nal limitations, the disposition of
state-ovned land is a matter over which the legislature has exclusive
control. Tha power of an ag;e:ncy of the state to convey state property
may be exercised only under the legislature’s authorization. See
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);
Attorney 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 to exchange
state-owned property except that article 5931-10 provides that
[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
effect an exchange of property is a “deed made pursuant to the terms
of this Act.” We are n>‘f aware of any general statutes which
prescribe procedures or l:.n~itatlcns applicable to the exchange of
Armory Board property. But see V.T.C.S. art. 5421c-12 (sale or
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 a n lquivaient .” Unitei States v. Paine, 31 F. Supp. 898, 900
(D. Mass. - 1940); Black51 Lav Dictionary 505 (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 authorized the Armory Board to exchange state-owned
property for a different property equally suitable 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
exchange state-oirned property for a different
property with an established value at least as
great as that of the state-owned property which
would be exchanged.
JIM MA T T 0 X
Attorney General of Texas
Mr. Donald J. Kerr - Page 3 (JM-233)
TOMGREEN
First Assistant Attorney General
DAVID B. RICHARDS
Executive Assistant Attorney 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
p. 1049