Untitled Texas Attorney General Opinion ( 1974 )

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THEATTORNEYGXNERAL
OF TEXAS
AUSTIN. -l%Z’&AS 78711
November 29, 1974
The Honorable Jess M. Irwin, Jr. Opinion No. H- 459
Commissioner for Rehabilitation
Texas Rehabilitation Commission Re: Article 666b. V. T. C. S. -
1600 West 38th Street Application to space
Austin, Texas 78731 rented for clients of
Texas Rehabilitation
Dear Commissioner Irwin: Commission
Article 666b, Vernon’s Texas Civil Statutes, as amended, provides:
Section 1. Hereafter all departments and agencies
of the State Government, when rental space is needed
for carrying on the essential functions of such agencies
or departments of the State Government, shall submit
to the State Board of Control a request therefor. giving
the type, kind, and size of building needed, together
with any other necessary description, and stating the
purpose for which it will be used and the need therefor.
Section 2. The State Board of Control, upon receipt
of such request, and if the money has been made available
to pay the rental thereon, and if, in the discretion of
the Board such space is needed, shall forthwith advertise
in a newspaper, which has been regularly published and
circulated in the city, or town, where such rental
space is sought, for bids on such rental space, for the
uses indicated and for a period of not to exceed four
years. All such leases shall be contingent upon the
availability of funds to cover the terms of the lease. It
is further provided that monthly rentals may be paid
in advance when required by the lease agreement and
mutually agreed upon by the lessor and the lessee. After
such bids have been received by the State Board of
Control at its princ,ipal office in Austin, Texas, and pub-
licly opened, the award for such rental contract will be
p. 2108
A .
The Honorable Jess M. Irwin, Jr., page 2 (H-459)
made to the lowest and best bidder, and upon such
other terms as may be agreed upon. The terms of
the contract, together with the notice of the award
of the State Board of Control will be submitted to
the Attorney General of Texas, who will cause to
be prepared and executed in accordance with the
terms of the agreement, such contract in quadrup-
licate; one of which will be kept by each party there-
to, one by the State Board of Control, and one by
the Attorney General of Texas. The parties to such
contract will be the department or agency of the
government using the space as lessee and the party
renting the space as lessor.
Section 3. Within thirty days after the effective
date of this Act, all departments and agencies of the
State Government at this time leasing or renting space
from any person, firm, or corporation whomsoever,
will cause to be prepared and delivered to the State
Board of Control in Austin, Texas, a copy of any
written rental or lease agreement now in force and
current, or any statement of any oral understanding
upon which any lease or rental public funds are
being expended, if such action has not already been
taken.
Section 4. Should any rental or lease agreement
be sought by any agency or department of the State
Government, involving an expenditure of less than
One Hundred Dollars ($100) per annum or any rental
or lease agreement be sought involving a rental
period of not exceeding four (4) mon,ths and involving
a total expenditure of Two Hundred Dollars ($200)
or less, the Board of Control i,s authorized to waive
the requirements of this Act in the case of leases
and rentals of space for which paymen,t is to be made
from the expense fund of either House of the Legis-
lature, in which case the leases and rentals shall be
subject to applicable legislative rules and policies.
p. 2109
The Honorable Jess M. Irwin, Jr., page 3 (H-459)
You have asked our opinion as to whether these requirements apply
to the rental of space to be used by a handicapped person as part of a
rehabilitation program under Chapter 30 of the Texas Education Code
(Sections 30.01 et seq. ) entitled “Rehabilitation of Handicapped and
Disabled”.
Section 30.42 of the Code. in detailing authorized functions of the
Commission for Rehabilitation includes:
. . . the establishment, supervision, management,
and control of small business enterprises to be
operated by severely handicapped individuals where
their operation will be improved through the manage-
ment and supervision of the agency . . . .
Education Code, 5 30.42(5)
You point out that often the rental will be for a period of only one month
but that there may be circumstances which would call for a longer period
of rental.
The Commission apparently fears that the delays inherent in following
the procedures of Article 666b would have an adverse effect on rehabilitation
and in many cases would result in undue financial hardship.
Your specific question to us is: “In the rental of space for a client of
the Texas Rehabilitation Commission, is it necessary to follow the formal
procedure established in Article 666b, Vernons’ Annotated Civil Statutes?”
Apparently there has never been a judicial construction of Article 666b.
When we read the entire statute, as we are required to do in construing it,
cf.
- National Surety Corporation V. Ladd, 115 S. W. 2d 600 (Tex. Sup. 1938).
we conclude that it was the i,ntention of the Legislature that the statutory
procedure for renting property applies only to rentals to be occupied by
the agencies themselves. We would especially stress the language of
section 1 referring to rental space needed by an agency “for carrying on
the essential functions” of the government. It is apparent that the pro-
cedure required by section 2 is much too cumbersome to be warranted for
a short term use. The execution of a contract in writing prepared by the
Attorney General could well be inconsistent with such short term use.
p. 2110
* ..I
The Honorable Jess M. Irwin, Jr., page 4 (H-459)
It is our conclusion therefore, that the provisions of Article 666b
apply to the rental of space to be occupied and used by an agency or
department. It does not apply to short term rentals of property by the
Texas Rehabilitation Commission on behalf of its clients.
SUMMARY
Article 666b, V. T. C. S., governing the leasing
of land for use by a state agency does not apply to
property to be leased for use by a client of the
Texas Rehabilitation Commission.
Very truly yours,
Attorney General of Texas
APPROVED:
LARRY F. ORK, First Assistant
DAVID M. KENDALL, Chairman
Opinion Committee
p. 2111