Untitled Texas Attorney General Opinion ( 1980 )

The Attorney General of Texas
December 2, 1980
MARK WHITE
Attorney General
Mr. Dorman H. Winfrey Opinion No. MN-284
Director and Librarian
Texas State Library Re: Responsibility of Texas State
P. 0. Box 12927, Capitol Station Library for works of art in the
Austin, Texas ‘78711 Capitol
Dear Mr. Winfrey:
You have requested our opinion regarding the proper custody of works
of art located in the State Capitol. Article 5438, V.T.C.S., provides:
The custody and control of books, documents, news-
papers, manuscripts, archives, relics, mementos,
flags, works of art, etc., and the duty of collecting
and preserving historical data, is under the control of
the [Library and Historical] Commission. The gallery
of the portraits of the Presidents of the Republic and
the Governors of this State constitutes a part of the
State Library. All books, pictures, documents,
publications and manuscripts, received through gift,
purchase or exchange, or on deposit, from any source,
for the use of the State, shall constitute a part of the
State Library, and shall be placed therein for the use
of the public.
Similarly, article 5441, V.T.C.S., provides, in pertinent part:
He [the State Librarian] shall preserve all historical
relics, mementos, antiquities and works of art
connected with end relating to the history of Texas,
which may in any way come into his possession as
State Librarian. He shall constantly endeavor to
build rp an historical museum worthy of the
interesting and important history of this State.
On the other hand, section 4.01(a) of article 601b, V.T.C.S., the State
Purchasing and General Services Act, declares that the State Purchasing and
General Services Commission, formerly the Board of Control:
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Mr. Dorman H. Winfrey - Page Two [MN284)
shall have charge and control of all public buildings, grounds and
property of the state; and is the custodian of all public personal
property, and is responsible for the proper care and protection
of such property from damage, intrusion, or improper usage.
Attorney General Opinion O-3766 (1941), without referring to the statutes
specify& the duties of the Library and Historical Commission and the State Librarian,
held that permission to reproduce a painting in the Senate Chamber must be obtained
from the Board of Control. In our opinion, however, any conflict between these
statutes is best resolved by applying the rule of construction that a special statute
prevails over a more general one relating to the same subject. Shanken v. Wolfman,
&, 370 S.W.2d 197, 200 (Tex. Civ. App. - Houston 1963, writ rePd n.r.e.); GMC
Superior Trucks, Inc. v. Irving Bank & Trust Co., 463 S.W.2d 274, 276 (Tex. Civ. App. -
Waco 1971, no writ); City of Irviw v. Dallas County Flood Control District, 377 S.W.2d
215, 221 (Tex. Civ. App. - Tyler), rev’d on other grounds, 383 S.W.2d 571 (Tex. 1964). In
our opinion, therefore, the Library and Historical Commission is the custodian of works
of art in the State Capitol.
SUMMARY
The Library and Historical Commission is the custodian of
works of art in the State Capitol.
/7
MAXK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Acting Chairman
Jon Bible
Rick Gilpin
Eva Loutzenhiser
Bruce Youngblood
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