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 rarrants can be issued fdr balance 

IFe beg to 

opinion of this Department on 

ter being as follorsr 

Board of Pardons 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 uer month for the remaining one year ootered by said lease, it being the purpose of the Board 

to request additlonal bud&et allowances to cover the 

remaininp portion of the lease when the Legislature 

meets In January 1947. 

*Row, the purpose of this request for an opin-' 

ion Is to aroertainr 

*'Can this Board IsgaIly issue Its 

doficienoy warrants ooverlng the M8.00 

per month for the balanos of the fisoal 

rear 194.5-1848, up to and 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 to vacate, 

but retaining the olause permitting the Board to aanccl the lean8 upon thirty days notice." 

Your question must be answered In the negative. 

A copy of the rental oontract between your Board and 

Mr. Henson attached to your 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 or by 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, is as 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 State Board of Control a request 

therefor, giving the type , kind, and sj.ze of building 

needed, together njth sn? other necessary descr!.ptlon, 

and stat&p the purpose for Which it ~111 he used and 

the need 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 avallabl e to pay the rental thereon, and If, 

In the disoretion of the Board suuoh space Is needed, shall forthwlth advertise in a newspaper, which 

has been regularly published and/ciroulated in the 

city, or town, where such rental spaoe is sought., 

for bids on suoh rental spaoe, for the uses indicated and for a period of not to exoeed two years* 

After suoh bids have been received by the State Board 

of Control at its prinoipal offloe In Austin, Texas, 

and publicly opened, the award for suoh rental contraot will be made to the lowest and best bidder, 

and upon such other terms as may be agreed uponThe terms of the oontraot , together with the notioe 

of the award of the State Board of Control will be 

submitted to the Attorney General of Texas, who will 

cause to be prepared and exeouted in aoaordanoe with 

the terms of the agreement, such contract in quadruplioatet one of which will be kept by eaah party 

thereto, one by the State Board of Control, and one 

by the Attorney General of ‘fOXas* The parties to 

suoh contract will be the department 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 such needed space. 

This holding Is one of many heretofore rendered by 

this Cepartment to the name general effect. 

Yours very truly 

,A- ';yqT~ h?ii 5 1946 ATTORNEY GZ3NERAt OF TEXAS 

Assistant 

0 s-m