Dr. T. 0. waltoll, President Opinion No. o-1376

Agricultural &Mechanical Re: Power to exchange equipCollege of Texas mentbetween the A. &M.ColCollege Station, Texas lege andthe Prison Commission. Dear Sir: This will acknowledge receipt of your letter of December 11, 1939 requesting anopinion from this departmentupon the fol&wing case statement, to-wit:

"In makingchanges In the Textile Engineering Department of the College there is certain equipment that the College has nofurther use for andthe Prison Commission has proposed to give us in exchange for this equipment motors that weneed aud cafl use in our laboratories at the College. "The Statutes confer authority upon the Board of Directors of the College to sell equipment that belongs to the College, but whenthis question was presented to the Board, of making anexchange, some membersof the Board felt that perhaps the Board does not have legal authority to authorize the exchange.

llWill you please advise mewhether it is wlthIn the legal powers of the Board of Directors of this College to makethe exchange proposed by the Prison Commission authorities?" The equipment belonging to our various State institutions is, of course, State property, andmaynot be disposed of by anyone except bylegislative authority.

Wefind no statutory authority for the exchange of equipment suggested byyou. Thepolicy of the State with respect to supplies, equipment andthe like to our State institutions is evidenced by Article 634 of the Revised Civil Statutes, which provides:Dr. T. 0. Walton - page 2

“The Board of Control shall purchase all the supplies used by each department of the States government, Including the State Prison System,and each eleemosynary institution normal school, Agricultural &Mechanical College, University of Texas and each and all other State schools or depa.&ents of the State government heretofore or .hereafter create&w

.: ,. Article 634l/2 specially authorize6 the Board of ,.Coptrol to .bontract with the State 

### Prison Board for the purchase of certain supplies, equipment.and materials for use by other State Institutions. k%.cle 660 authorizes anemergency contract for 

### necessary supplies or equipment.

.Obv1ously, these Articles declare the general policy, but donot furnish anyrule for guidance in respect to. the present inquiry.

Article 665declaresi

“The State Board of Control shall have charge

protect anypublic buildings against anyexisting or threatened fire hazards.” It is the ‘opinion of this department that this ArtZcle would authorize the Board of Control to accept from any State. department or Institution under Its control supplies .end equipment no longer usable or needed for use by such department or institution andto place the samein the hands of any other -department or institution having need of the same (at least temporarily if not permanently) where such exchange is mutually satisfactory to the two departments or institutions concerned, as auact of conservation under the general power above conferred onthe.Board. Such surrender or mutual 

### surrender of equlpment, andthe further disposition thereof bythe Board, would, of course, by this methodbe madeamatter of public recordDr. T. 0. Walton - page 3

andthe State proprietary rights would be adequately preserved within the spirit, If not the latter, of Article 665. Very truly yours JU!TORNFXGE%ERALOFTEXAS By/s/ Ocle Speer Ocle Speer, Assistant APPROVED

DIG& 1939 

### /s/ Geraldc. Mann ATTORREYGHVERALOFTJZXAS APPROVED:

OPINIONCOMMITTEE BY: Rw, CHAIRMAN OS:m:wb