ORNEY <;ENEKAI, TEXAS

Honorable Robert S. Calvert Comptroller of PublicAccounts Austin, Texas OpinionNo. 

### WW-383

Re: Transfer of surpluspropertybetween 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 StateAgencies covered by the above Section No. 4. (a) [ofArticle 666, Revised Civil Statutes of Texas, 1925 as amended by Senate Bill 190, Acts of 55thLegislature,Regular Session, 

### 1957, chapter 414, page 12471may transfer surplus properties to each otherwithout re-imbursementbeing made to the transferor," (bracketsours), Subdivision (a)of Section4 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 stateagencies of the existence, kind, number, location and condition of any surplus property. Any stateagency when so informed may negotiate directlywith the other agencies for an inter-agency transfer of the property but shall inform the Board of its interest in order that the propertywill not be sold or disposed of before a transfermay be made. If a transfer of surplusproperty is made the agencies takingpart in the transfer- . .

Honorable Robert S. Calvert, page 2 

### (W-W-383)

shallmutually agree on the value of the transferred property and shall report the value to the Comptroller. The Comptroller shall credit and debit their respective appropriationsand adjust the state inventory records to show the transfer if inventoried property is transferred, Transfers of surplusproperty shall be reported to the Board but the consent of the Board shallnot be required for any transfer. After surplusproperty is reported to the Board it shallnot be sold by the reporting agency unlesswritten authority to sell is given by the Board," Under the 

### 1957amendment to Article 666, state agencies governed by the provisions of Section 4 are authorized to transfer property between such agencies, The Legislaturehas not directed that any particular sum of money shall be credited or debited to the respective appropriations. On the contrary, the Legislaturehas required that the transferorbe reimbursed only in the amount that the transferorand the transfereehave mutually agreed upon and no minimum value is placed on any property.

Therefore,you are advised that where the agencies taking part in the transfermutually agree that the propertyhas no value for the purpose of debit and credit of appropriations, transfer of surpluspropertymay be made without any reimbursement being made to the transferor. SmMflRY
Pursuant to the provisions of subdivision (a) of Section 4 ofArticle 

### 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 agenciesmay transfer surplus properties to each other without reimbursementbeing made to the transferor,provided such agenciesmutually agree that the transferredpropertyhas no value for the purpose of debit and credit of appropriations.
Yours very truly,
WILL WILSON Attorney General of Texas

JR:wam:pf:wb AssistantHonorable 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