EXAS

Lt. Col. Harry B. Kelton w Texas NationalGuard Armory-SwardWest Austin Station Austin 31, Texas Opinion No. C-242

Dear Colonel Kelton: Re: Whether property in the custody of the Adjutant General is required to be transferred by the Adjutant General to the Texas NationalGuard ArmoryRoard under the facts submitted.,

Your request Eor::an opinkonreads **,ti5** follows: "The Texas NationalGuard Armory Board has constructeda RationalGuard armory at Camp Wolters and an administrative building at Camp Mabry and contemplatesthe construction of one or more armoriesat Camp Mabry in the near future;all such constructionis on sites providedby the AdjutantGeneral of Texas. "The armory constructedat Camp Walters and the ones to be constructedat Camp Mabry are financed out of funds derived from the sale of bonds under the Armory Board% Trust Indentureand are leased or to be'leased to the Adjutant General'pursuant to Article,5786, V.C.S.
"The administrative building at Camp Mabry was constructedfrom the proceeds of the sale of an armory at Waco (formerly Grand Lodge Building) and is not the subject of any lease. I,

. . . "At the present time both the Armory Board administrative

buildingat Camp Mabry and the

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armory building at Camp Wolters are carried on the Armory Hoard inventorywhereas the land remains on the State Property Inventory as property of the AdjutantGeneral'sEepartment.
"To enableus to properly comply with the provisionsof Article 5786, V.C.S. and the provisionsof the Armory Board Trust Indenture,should the land and buildingsat Camp Wolters and Camp Mabry be formally conveyed to the Armory Board?
"Shouldsuch propertybe formallyconveyed to the Armory Hoard to complywith the provisionsof Article 6252-6, V.C.S.?' Article 579Oa,Vernon's Civil Statutes,reads as follows:
'For and on behalf of the State of Texas, the AdjutantGeneral is authorized to designateand transferany of the Stateowned National Guard Camps and all land and Improvements,

buildings, facilitiesand lnstallatlons,

and personalproperty in connection therewith.or arw nart of the same, except Camp Mabry; Austin,‘Texas. to the Texas NationalGuard Armory Board, either for the purpose of administration thereof or for the purpose of sale or proper disposal otherwisewhen designatedby the AdjutantGeneral as ~surplus~or In excess of the needs of the Texas National Guard, Its successorsor components. The Adjutant General is authorizedpr&or to declaring the above-described property asl!surplus' and transferringsame to the Texas National Guard Armory Board, to remove, sever, dismantles or exchangeany of said property for the use and benefit of the Texas National Guard or its successors." (Emphasisadded)
These provisionswere amended in 1963 by the Legislature and are now codifiedas Section 5 of Article 5781, Vernon's Civil Statutes,which reads as follows:

"For and pn behalf of the State of Texas the AdjutantGeneral **ie** authorizedto designate

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and transferany of the state-owned National Guard camps and all land and improvementsp buildings, facilities,and installations and personalproperty in connectiontherewith, or any part of the same> to the Texas National Guard Armory Boardp eithe- for the purpose of administration

thereof or for the purpose of sale or proper disposal otherwisewhen designated by the AdjutantGeneral as 'surplus8or in excess of the needs of the Texas National Guard, its successorsor components. zTheAdjutant General is authorizedprior to deelaring the above describedproperty as 'surplus' and transferringsame to the Texas National Guard Armory Board, to remove, sever, dismantle, or exchangeany of said property for the use and benefit of the Texas National Guard or its successors

D"
It is noted that the exceptlorapplicableto Camp Mabry was not carried forward in the 1963 amendment.

Section 4 of Article 5781, Vernon's Civil Statutes, provides:
"The Adjutant General shall be in control of the military departmentof this state and subordinateonly to the Governor in matters pertainingto said Department,01" the military forces of this state; and he shall perform such duties as the Governormay from time to time entrust to him relative to the military commissions,

the military forces, the military stores and supplies,OP to other matters respectingmilitary affairs of this state; and he shall conduct the business of the Department in such manner as the Govesmor shall direct. He shall have t&e custody and charge of all books, records,papers, f'urniture, fixtures,and other property relating to his Department,and shall perform aa near as practicable,such duties as pertain to the Chiefs of Staff of the Army and Air Force and the Secretaries of the military services,under the regulationsand customs of the United States Armed Forces,
"'For and on behalf of the State of Texas, the Adjutant General is authorizedto execute- .

Lt. Cal. Harry B. Kelton, page 4 (C-242):

leases or subleasesbetween the State of Texas, as lessee or sublessee, and the Texas National Guard Armory Board, as lessor' or sublessor,for any building or buildings and the equipmenttherein and the site or sites therefor to be used for armory and other proper purposes,and to renew such leases or subleases from time to time; and the Adjutant General shall not lease or sublease any property for armory purposes in or about any municipalityfrom any person other than the Texas National Guard Armory Board, so long as adequate facilitiesfor such armory purposes in or about such municipalityare avaflable for renting from the Texas National Guard Armory Board."
The powers of the Texas National Guard are stated in Section 7 of Article 5786, Vernon's Civil Statutes. Paragraph (7) of subdivision (b) of Section 7 of Article 5786 grants the followingpowers to the Texas National Guard Armory Board:

"To constructbuildings on any of its real property,whether held in fee simple or otherwise, and to furnishand equip the a&me and to hold, manage and maintain all of said property and to lease to the State of Texas in the same manner as hereinafter providedwith respect to other property, the buildings,and the sites thereon situated,which It may constructat Camp Mabry, Camp iiulen and Camp Wolters, and to lease and sublease,convey and exchange, in whole or in part, all of Its propertynot located in either of said camps, and/or to pledge the rents, Issues and profits of all of said property,wherever located, in whole or in part; provided,however, that before~ any building is constructed

by said Board on the lands eomprising either of said camps, the site therefor, in maximum area two hundred thousand (200,000) square feet, shall, promptly on said Boards6 request therefor to the said AdJutant General, be selectedand describedby a Board of Officers appointed from time to time for the purpose by the said Adjutant General,and such description shall be certifiedto said Armory Board and a copy thereof shall be furnishedto and preserved in the office of said AdJutant General;andLt. Col. Harry 8. Kelton, page 5 (C-242).

provided further, that when so selected and describedand constructed upon, such sites shall be and become the property of the said Armory Board, for all the purposes contemplated by the Act of which this Section is a part, as fully and absolutelyas if the same had been acquired by a gift to or purchaseby said Armory Board.
"All such property, togetherwith the rents, issues and profits thereof shall be exempt from taxationby the State of Texas or by any municipal corporation,county or other political subdivisionor taxing district of this state."
In view of the foregoing, you are advised that such sites become property of the Armory Board as a matter of law, when selected in accordancewith the provisionsof paragraph (7) of subdivision (b) of Section 7 of Article 5786, and constructed

upon. Therefore, it is not necessary that such property be formally conveyed to the Armory Board.
SUMMARY
Where armories are constructedon sites at Camp Mabry, Camp Hulen and Camp Walters pursuant to the provisionsof paragraph (73 of subdivision (b) of Section 7 of Article 5786, Vernon'sCivil Statutes, such property becomes the property of the Armory Board as a matter of law, and no formal conveyance by the Adjutant General is required.

Yours very truly,
WAGGONER CARR Attorney General

JR:ms:sj

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APPROVED: OPINION COMMITTEE
W. V. Geppert,Chairman George Gray Milton Richardson Arthur Sandlin
APPROVED FOR THE ATTORNEY GENERAL BY: Stanton Stone

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