Untitled Texas Attorney General Opinion ( 1961 )

T'msA``oamim~ GENEZRAL
OF ?I?ExAs
A- 1s.-
W’ILL WILSON
A-rroR- a-RAI.
January 27, 1961
Mr. 0. B. Ellis. Mrector Ooinlon No. W-ggl
Texae~Bepartment of Corrections -
Huntsville, Texas Re: Construction and
effeot of Article
5382d of Vernon's
Dear Mr. Ellis: Civil Statutes
You have requested our opinion on the following
questions:
“1. Should royalties and rentals paid
after the passage of Article 5382d, Vernon's
Civil Statutes, on leases of prison lands
which were executed prior to June 2, 1951,
be credited to the Special Mineral Fund of the
Texas Department of Corrections?"
“2. Should all revenue be c?:?dl.ted to
the Special Mineral Fund of.the Texas Department
of Correctlona where such revenue is derived
from leases on prison lands which were executed
after the effective date of Article 5382d, VW?"
Article 6203a, Vernon's Civil Statutes,created the Board
for Lease of Texas Prison Lands. This Board waa empowered to
lease all or any part of lands owned by the State of Texas aa
Texas prison lands. Thi.o Act also provided that "Royalties
as stipulated in the sale shall be paid to the General Land
Office at Austin, Texas, for benefit of the General Revenue
Pund..." We are advised that gwauant to this Act the Board
med certain prison lands, fram which oil and gas has been
produced. Royalties therefrom have been recelvra and were
deposited to the credit of the Ge.leral Revenue Fund as pro-
vided in the Statute.
Subsequently, Article 5382a, Vcrnonls Civil Statuter+ was
enacted by the 52nd Legislature and became effective on June 2,
1951. This Act provided that lands thereafter owned or held
for the use or benefit of any Department, Board, or Agency of
the State of Texas might be ieased. The Board la comprised of
the Commiasloner of the General Land Office, the Attorney
General, and "the particular President or Chairman of the
Fhard w Acency, or Head of the Department charged G131 Tex. 175,
Mr. 0. B. alis, Page 3 (W-991)
114 S.W.2d 216; Attorneg Qcneral’e opinions No. O-108 and
Q-44. Copies of these opinions are attached.
SUMMARY
Royalties and rentals paid after June 2, 1951,
being the effective date of Article 5382d,
Vernon’8 Civil Statutes, on leases which were
executed prior to that date, should properly
be credited to the Texas Department of
Correctlonfs Special Mineral and. All
revenue received from leases which were
executed after June 2, 1951, should be credited
to the Texas Department of Correction’s
Special Mlneral Fund; however, revenue which
has been received on leases of Texas prison
lands, irrespective of whether the leaaf,
was exeotued before or after June 2, 1951,
and which funds have been erroneously deposited
to the account of the General Revenue Fund may
not be withdrawn or transferred to the Special
Mineral Fund except upon specific direction of
the Legislature.
Very truly youra,
WILL WILSON
By B. H. Tlmmlns, Jr. .‘/
Assistant
BHT:jh
APPROVED:
OPINION COMMITTEE
w. v. Geppert, Chairman
John Reeves
L. P. Imllar
Ray V. Loftln
J. Arthur Sandlfn
REVIEWEDFOR THE ATl?ORNEY
GENERAL
BY: Morgan Nesbitt