ORNEY <;ENEKAI, 

TEXAS 

Honorable Robert S. Calvert 

Comptroller of Public Accounts 

Austin, Texas 

Opinion No. WW-383 

Re: Transfer of surplus property between agencies of the State pursuant to the provisions of Article 666, Revised Civil Statutes 

of Texas, 1925, as amended by Senate Bill 

190, Acts of 55th Legislature, Regular Session, 1957, chapter 414, page 1247. 

Dear Mr. Calvert: 

You have requested our opinion on the following 

tion: 

ques- 

"1. You are respectfully requested to advise 

this office if State Agencies covered by the above 

Section No. 4. (a) [of Article 666, Revised Civil 

Statutes of Texas, 1925 as amended by Senate Bill 

190, Acts of 55th Legislature, Regular Session, 

1957, chapter 414, page 12471 may transfer surplus 

properties to each other without re-imbursement being made to the transferor," (brackets ours), 

Subdivision (a) of Section 4 of Art:icle 666, Revised 

Civil Statutes of Texas, 1925, as amended by the Salvage and Surplus Act of 1957, provides: 

"All state agencies which determine that they 

have surplus property shall inform the Board of the 

kind, number, location, condition, and original cost 

or value and date of acquisition of the property, 

The Board may inform other state agencies of the existence, kind, number, location and condition of any 

surplus property. Any state agency when so informed 

may negotiate directly with the other agencies for 

an inter-agency transfer of the property but shall 

inform the Board of its interest in order that the 

property will not be sold or disposed of before a 

transfer may be made. If a transfer of surplus property is made the agencies taking part in the transfer 
- . . 

Honorable Robert S. Calvert, page 2 (W-W-383) 

shall mutually agree on the value of the transferred 

property and shall report the value to the Comptroller. The Comptroller shall credit and debit their 

respective appropriations and adjust the state inventory records to show the transfer if inventoried 

property is transferred, Transfers of surplus property shall be reported to the Board but the consent 

of the Board shall not be required for any transfer. 

After surplus property is reported to the Board it 

shall not be sold by the reporting agency unless written authority to sell is given by the Board," 

Under the 1957 amendment to Article 666, state agencies 

governed by the provisions of Section 4 are authorized to transfer property between such agencies, The Legislature has not directed that any particular sum of money shall be credited or 

debited to the respective appropriations. On the contrary, the 

Legislature has required that the transferor be reimbursed only 

in the amount that the transferor and the transferee have mutually agreed upon and no minimum value is placed on any property. 

Therefore, you are advised that where the agencies taking part in the transfer mutually agree that the property has no 

value for the purpose of debit and credit of appropriations, 

transfer of surplus property may be made without any reimbursement being made to the transferor. 

SmMflRY 

Pursuant to the provisions of subdivision (a) 

of Section 4 of Article 666 Revised Civil Statutes 

of Texas 1925 as amended gy Senate Bill 190, Acts 

of 55th fiegisliture 

414, page 1247, 

Regular Session, 1957, Chapter 

State agencies may transfer surplus 

properties to each other without reimbursement being 

made to the transferor, provided such agencies mutually agree that the transferred property has no 

value for the purpose of debit and credit of appropriations. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

JR:wam:pf:wb Assistant 
Honorable Robert S. Calvert, page 3 0~383 ) 

APPROVED: 

OPINION COMMITTEE 

Geo. P. Blackburn, Chairman 

J. C. Davis, Jr. 

Wayland ~C.;~ ,RzLvers., 2 Jr. 

C. K. Richards 

REVIEWED FOR THE: ATTORWEY GENERAL 

BY: W. V. Geppert