February 17, 1966 

Mr. Harry B. Kelton 

Director 

Opinion No. C-614 

Texas National Guard Armory Board Re: Whether certain funds 

West Austin Station appropriated to the 

Austin, Texas 78703 Armory Board can be 

legally expended for 

constructing a building 

addition for the Adjutant 

General's Department at 

Camp Mabry under the 

Dear Mr. Kelton: 

provisions of Section 6 

Paragraph (7) of Article 

5767 V.C.S., and related 

questions. 

We have your letter of recent date requesting our 

opinion relative to the above captioned matter, which letter 

reads as follows: 

"As indicated by the enclosed certified 

copy of an Armory Board resolution of January 

29, 1966 the Board has made $235,000.00 

available for the construction of a two-story 

building addition for the Adjutant General's 

Department at Camp Mabry, provided the 

expenditure of such funds is approved by the 

Executive Budget 'Office, the Legislative 

Budget Board and the Attorney General of 

Texas. 

“In the event the funds appropriated 

to the Armory Board can be legally expended 

for constructing a building addition on land 

acquired by the Board under the provisions 

of Paragraph (71, Section 6, Article 5767, 

Chapter 690 of the General and Special Laws 

of Texas, 59th Legislature, Regular Session, 

1965, would the Board be required to lease 

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. * 

MI-. Harry B. Kelton, page 2 (C-614) 

such property to the State of Texas or would 

the Board be authorized to transfer such 

property to the State of Texas.," 

The resolution attached discloses that the funds made 

available were derived from the sale of property at Camp Wolters 

and Hulen. 

House,Rill No. 410, (Acts 1965, 59th Legislature, 

chapter 690, page 1601) amended Chapters 1 and 2 ,, Title 94, 

Revised Civil Statutes of Texas, to read in part as follows: 

"Article 5767. Texas National Guard Armory 

Board. 

"Express powers 

"Section 6. The Board possesses but is 

not limited to the following powers: 

II . . . 

"(7) To construct buildinqs on anv of 

its real property. whether held in fee simple 

or otherwise, and to furnish and equip the same 

and toehold, manage and maintain all of said 

property and to lease to the State of Texas, in 

the same. manner was hereinafter provided with 

respect.to other property, the buildings, and 

the sites thereon situated, which ,it may 

construct at Camp Mabrv, Camp Hulen and Camp 

Wolters, and to lease and sublease, convey 

and exchange, . . .'I (Emphasis added). 

Section 7 of Article 5767 provides as follows: 

"Section 7. As and when any of the 

property owned by the Board shall be fully 

paid for, free of all liens, and all debts 

and other obligations incurred in, connection 

with the acquisition or construction of such 

property have been fully paid, the Board may 

donate, transfer, and convey such property, 

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. 

Mr. Harry B. Kelton, page'3 (C-614) 

by appropriate instruments of transfer, to 

the state of Texas, and such instruments 

of transfer and conveyance shall be kept 

in the custody of the Adjutant General's 

Department." 

House Bill No. 12 of the 59th Legislature, which is 

the Appropriation Bill for the State of Texas for the biennium 

September 1, 1965,to August 31, 1967, at page III-18 provides 

as follows: 

"There is hereby appropriated~to the Texas 

National Guard ArmOIy Board all funds which have 

been or may be derived from sales of stateowned National Guard Camps and other property 

owned by the Texas National Guard Armory Board 

and of land, improvements, buildings, facilities, 

installations and personal property in connection 

therewith, as authorized by Senate Bill No. 279, 

Acts, 1963, Fifty-eighth Legislature. Such funds 

shall be expended by the Texas National Guard 

Armory Board for the use and benefit of the Texas 

National Guard for one or mores of the following 

purposes: (1) As a participating fund in the 

construction of armories financed in part by the 

United States Government: or (2) AS a construction 

fund to be used by the Armory Board: or (3) As 

a debt servicing fund as provided in Senate Bill 

No. 279, Acts, 1963, Fifty-eighth Legislature, 

Regular session. Provided, however, that all 

such funds as are not actually used for the 

purposes,hereinbefore ~specified shall remain, 

on deposit with the State ,Treasurer to the 

creditof the Texas National Guard Armory Board 

forthe uses and benefit of the Texas National 

Guard, their successors or components, as provided in Senate Bill No. 279, Acts of the Fiftyeighth Legislature, 1963. There is hereby 

reappropriated to the Texas National Guard 

Armory Board~all, sums refunded to said Board 

from any source when such funds were originally~ 

expended for any of~the purposes enumerated 

in Items 1 through 5 above. Such reappropriated 

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Mr. Harry B. Kelton, page 4, (C-614) 

funds may be expended for any of the purposes 

enumerated in Items 1 through 5 above." 

(Emphasis added). 

It appears from a reading of House Bill No. 410 

that the same recodifies all of the laws pertaining to the Texas 

National Guard and Armory Board. 

In view of the provisions of subdivision 7 of Section 6 

of Article 5767, Vernon's Civil Statutes, as amended, and the 

fact that the Legislature has appropriated funds derived from 

sales of National Guard Camps and other property owned by the 

Armory Board to be expended "as a construction fund", we are 

of the opinion that to make such portion of the Appropriation 

Bill effective, itwould include the expenditure of funds for 

the construction in question. 

It is therefore our opinion that subject to the approval 

of the Executive Budget Office and the Legislative Budget Board 

and the Attorney General of the State of Texas, that the funds 

available for the construction of a two-story building addition 

for the Adjutant General's Department at Camp Mabry can be legally 

expended for constructing a building addition on lands acquired 

by the Board under Paragraph (7), Section 6, Article 5767, Chapter 

690 of the General and Special Laws of Texas, 59th Legislature, 

Regular Session, 1965. 

If the building to which the two-story building addition 

is attached for the Adjutant General's Department at Camp Mabry 

is under lease to the State of Texas, then this addition should 

be leased to the State of Texas, under the same terms and conditions as contained in the original lease, as this building would 

upon completion become a part of the original building: however, 

if this building addition is constructed on property owned by 

the Board and such addition becomes a part of a building that is 

fully paid' for, free of all liens and all debts and other obligations incurred in connection with the construction, then the 

Board may donate, transfer, and convey such property, by appropriate instruments of transfer, to the State of Texas, and such 

instruments of transfer and conveyance shall be kept in the custody of the Adjutant General's Department as provided for in 

Section 7 of Article 5767, Revised Civil Statutes of Texas. 

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Mri Harry B. Kelton, page 5 !(C-614) 

St&E%RY 

1. Funds appropriated to the Texas Wational 

Guard Armory Board can be legally expended for 

constructing an addition to an existing building 

at Camp Mabry, subject to .&he approval of the 

Executive Budget Office, Legislative Budget Board 

and the Attorney General of the State of Texas, 

under the provisions of Section 6, Paragraph (7), 

Article 5767, Revised Civil Statutes of Texas. 

2. When such addition has been completed 

to the existing building at Camp &bry and if 

such original building is under lease to the 

State of Texas, then this building addition 

should be leased to the State under the Same 

terms and conditions as contained in the original,lease; if such building addition is constructed on property owned by the Armory Board 

and such addition becomes a part of a building 

that is fully paid for, free of all liens, debts 

and other obligations incurred in connection with 

the'constructionj then the Armory Board is authorized to donate, transfer and convey such property by appropriate instruments of transfer, to 

the State of Texas, as provided for in Section 

7 of Article 5767, Revised Civil titaktes of Texas. 

Y&d3 ve* ttixly, 

WAGGONER CARR 

Attorney General 

JHB:sj:ra 

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Mr. Harry B. Kelton, page'6 :(C-614) 

APPROVED: 

OPINION CCMMITTEE 

W. V. Geppert, Chairman 

Pat Bailey 

Alan Minter 

Marvin Sentell 

Harry Gee 

APPROVED FOR THE ATTORNEY GENERAL 

BY: T. B. Wright 

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