**OFFICE OF**  **THE AlTORNEY**  **GENERAL OF**  **TEXAS AUSTIN** 

Honorable Abner L. Leria,Member Board of Pardona.& Paroles Austin, Texas

Dear **Mr.** Lewis: opinion RO. n-7193 ./I **Rer Whether**  **or not**  defi/clenoy**rar**

**rants can**  be issued fdr balance

IFebeg to **opinion of**  **this Department**  **on** terbeing as **follorsr**

Board ofPardons and Paroles because of equipment and files necessary to the conduct of **the** Board's business. In ne~otlation **with the**  **lessor today,**  **he has**  agreed to **accept** a deficl4ncT **warrant** for the sum of *3f?.OO**per month**  **for the**  **remaining three**  **months Of**  **this fisoal**  **year and**  **hold same** until **Pawent** Is finally authorized le~a\Yy. It Is understood, **however, that**  beeinning on **Septemher** lst, **1046, the**  **Board will**  **heFin the**  **pawent Aonorable**  **Abner** L,.Lewis - page 2

of eOO.00 uermonth for the remaining one year **ooter** ed by said lease, itbeing the purpose of theBoard torequest additlonal bud&et **allowances to**  **cover the**  **remaininp** portion of the lease **when** theLegislature meets In January 1947.
*Row, the purpose of this request for **an** opin-' ion Is toaroertainr

*'Can thisBoard IsgaIly issue Its doficienoy warrants ooverlng the M8.00 per month for thebalanos of **the fisoal**  rear 194.5-1848,up toand including September let, 194fJ.'

'It 1~ **to be**  understood **that** all **other** provisions of the lease shall remain lntaot exoepting the olause of ten days not108 from the lessor to lessee tovacate, but retaining the olause permitting the Board to aanccl **the** lean8 upon thirty days notice."

Your question must be answered In thenegative.

A copy of therental oontract between your Board and Mr. Henson attached toyour request dlsOloses that the lessor reserved the right to canoe1 and terminate the leane at the end of **any** oalendar **month,** by giTlng **to the**  **l~ess~e written**  notice of such cancellation, **either** In person orby mall, at least ten (10) **days** previous **to** the desired canoellation date. It appears **from** your statement **the** lessor has availed himself of that prirllea=, so that your Board stands 

### in need of offi **spa08 or**  quarters from and after the termination of the lease through the exercise **of that**  **option.**

**Senate** Bill Yo. 266 passed by the **48th** T.episIature,lnsofar as applicable, isas fOllOWst

**” Section**  **1**l Hereafter all departments and agencies of the State **Government, rhea**  rental spaoe Is needed for carryink on the ess4ntlal functions Of **sllch apncies**  **or dcpart~mentn**  **of the**  **Stats Government,**  **shall** submit to **the** StateBoard of Control a request therefor, giving **the type** ,kind, and sj.zeofbuilding **needed, together**  **njth sn?**  **other necessary**  descr!.ptlon, and stat&p the purpose for Which it ~111 he used and theneed therefor.852

Ronorblle **Abner** 1,.Lewis -page 3

.SOd. 2. The state Board of Control, upon raoelpt of such request, and if the **money**has been made avallable to **pay** therental thereon, and If, In the disoretion of theBoard suuohspace Is

### needed, shall forthwlth advertise in anewspaper, which has been regularly published and/ciroulated in the city, or town, where suchrental **spaoe** is sought., forbids **on** suoh **rental** spaoe, for theuses indicated and for a period ofnot to exoeed two years* After **suoh** bids have been received by the State Board of Control **at** its prinoipal offloe InAustin, Texas, and publicly opened, the award for suohrental contraot will be made to the lowest andbest bidder, and upon such other terms

### asmay be agreed uponThe terms of the oontraot,together with thenotioe **of** theaward of the State Board of Control will be submitted to **the** Attorney General of Texas, who will cause tobe prepared and exeouted in aoaordanoe with the **terms of**  **the agreement,**  such **contract** in quad**ruplioatet** one ofwhich will be kept by eaah party thereto, one by the State Board of Control, and **one** by theAttorney General of ‘fOXas* The parties to suoh **contract** will be thedepartment or aeenay of the government usins.the spaae **as** lessee and the parts **renting** the spa04 as Iessor0"

In clear terms this statute provides for 

### dust such need as confronts your Board,and constitutes the only method authorized by law to obtain suchneeded space.

This holding Is one ofmany heretofore rendered **by** this Cepartment to the name **general** effect.

Yours 

### very truly
,A- ';yqT~

h?ii 5 

### 1946 ATTORNEYGZ3NERAtOF TEXAS

Assistant


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