Untitled Texas Attorney General Opinion ( 1966 )

E NE OFTEXAS AUSTIN. TEXAS 7@91, February 18, 1966’ Mr. William J..Burke Opinion No, C- 618 Executive Director State Board of Control Re: Since passage of K. B. 102, Austin, Texas Acts 59th Legislature, 1965, Regular Session, Ch. 225, page 441, whether the Board of Control still has a res- ponsibility for any type of supervisory duties relative to the,Battleship Texas and the Battleship Texas Commls- Dear Mr. Burke: alon, and related questions. You have requested our opinioh on the above stated subject. More specifically, you have raised, In substance, the following question: "Your Interpretation of the'meaning, ap- plication and intent of H. B. 102, 59th Legis- lature, Regular Session, as it applies to the relation that should n&w exist between the Battleship Texas Commission and th$ Board of Controi is respectfully requested. The relevant sections of House Bill 102, Acts 59th Legislature, 1965, Regular Session, Chapter 225, page 441, are: Section 1: "Control and custody of the Historical State Battlegrounds, San Jacinto Battleground, and Fannin State Battleground, are hereby trans- ferred from the State Board of,,Controlto the Parks and Wildlife Commission. Section 8: "The provisions of this act do not in any way alter the organisation,nor reduce the powers or functions of the Battleship Texas CO~lSSiOn. ' 'IEmphasisadded). -2997- plr.William J. Burke, page 2 (C-618) In examining the relevant sections of W. B. 102, we find that the Legislature clearly transferred the custody and control of the San Jacinto Battleground and the Fannln Battle- ground to the Parka and Wildlife Department, but by Sections 1 and 8 of H. B. 102 did not alter the organization or reduce the powers or functions of the Battleship Texas Commission. In determining the organization, powers and functions of the Battleship Texas Commission, we find under Article 6145-2, Vernon's Civil Statutes, Acts of 1947, 50th Legislature, which established the Battleship Texas Commission, that the State Board of Control waa authorized and directed to aid the Commission in carrying out its duties, by use of the Board's offices and em- ployees. The last sentence of paragraph 1 of Section 6 specifi- cally states: "The Board of Control is hereby authorized and directed to cooperate with the Commission in the use of the Board's Offices and Smployeea in aiding the Commission to carry out its duties." Also, the Board of Control wa8 given the authority to audit the books and records of the Commisalon at any time. Section 7 specifically states: "The Commission shall maintain books of account and records concerning all revenue derived~from the sale of admissions to the public and all expenses incurred in maintaining and operating the Pattleshlp as a public 'mem- orial; such recorda and books shall be available for aud,ltat any time by the Board of Control of the State of Texa8.' And all expenditures and contracts of the Commission shall be made, let and supervised by the Board of Control. Section 10 specifically states: "All expenditures and contracts authorized by the Commission or Operating Board shall be made, let, supervised and expended by the Board of Control of the State of Texas according to all legal requirements aa to the expenditures of funds and the letting of contracts by the said Board of Control." Therefore, since the Battleship Texas Commission is statutorily charged with the responsibility of supervising and exhibiting, etc., the Battleship Texas, and the Board of Control -2998- Mr. William J. Burke, page 3 (C-618) to a certain extent must aid in its functioning, we must conclude that the Legislature expressly did not intend to alter the paat relationship. SUMMARY - _H. B. - 102, . Acts 59th Legislature, 1965, Regular session, Chapter 225, Page 441, did not change the State Board of Control's re- sponsibility and auperv1sion of the Battleship Texas Commission as It now exists under Article 6145-2, Vernon's Civil Statutes, Acts, 1947, 50th Legislature. Very truly yours, WAGGONER CARR Attorney General JCplcC:mkh APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman John Reeves Gordon Houser Harold Kennedy APPROVED FOR THE ATTORNEY GENERAL BY: T. B. Wright -2999-