Untitled Texas Attorney General Opinion ( 1971 )

April 5, 1971 Honorable Lauro Crus Opinion No. M- 826 Chairman, Public Lands and Buildings Committee Re: Whether H.B. No. 22, 62nd Capitol Building Leg., R.S., 1971, is in Austin, Texas 78711 substance covered by Article 6145-9, Vernon's Dear Representative Crus: Civil Statutes. Your recent letter inquires whether the substance of H.B. No. 22, 62nd Leg., R.S., 1971, is already cwered by Article 6145-9, Vernon's Civil Statutes. We are of the opinion that Article 6145-9 does not expressly or specifically make provision for those things ap- parently sought to be accomplished by H.B. No. 22. H.B. No. 22 reads as follows: "Section 1. Chapter 500, Acts of the 55th Legislature, Regular Session, 1957, as amended (Article 6145, Vernon's Texas Civil Statutes), is amended by adding a Section 9c to read as follows: 'Section 9c. (a) No county may alter, damage, destroy, sell, or lease the courthouse of the county without first giving six months' notice to the Texas State Historical Survey Committee. '(b) If, after notice, the Committee determines that a courthouse has historical significance worthy of preservation, the Cosunittee shall notify the com- missioners court of the county within 30 days after receiving notice from the county. A county may not alter, damage, destroy, sell, or lease its court- house for 100 days after receiving notice from the -4005- Honorable Lauro Cruz, page 2 (M-826) Committee. The Committee shall cooperate with in- terested persons during the lBO-day period to pre- serve the historical heritage of the courthouse. '(c) A county may carry out ordinary mainte- nance and repairs of its courthouse without notice to the Committee.'" Section 6 of Article 6145-9 provides that certain buildings of "historical, archeological, scientific, or educa- tional interest" are State Archeological Landmarks and the prop- erty of the State of Texas, but the statute does not in terms provide that a county courthouse is a building of "historical, archeological, scientific, or educational interest". We answer your inquiry in the negative. SUMMARY The requirement of H.B. 22, 62nd Leg., R.S., 1971, that "No county may alter, damage, destroy, sell, or lease the courthouse of the county without first giving six months' notice to the Texas State Historical Survey Committee" is not comprehended within the Antiquities Code of Texas (Art. 6145-9, V.C.S.). Very truly yours, CRAWFORD '2.MARTIN Attorney General of Texas BY NOW WHITE First Assistant Prepared by James S. Swearingen Assistant Attorney General -4006- . . Honorable Lauro Cruz, page 3 (M-826) APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E. Allen, Co-Chairman Kenneth Nordquist William J. Craig Linward Shivers Malcom Smith MEADE F. GRIFFIN Staff Legal Assistant ALFREDWALKER Executive Assistant -4007-