EXAS 

Lt. Col. Harry B. Kelton w 

Texas National Guard 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 National Guard Armory Roard 

under the facts submitted., 

Your request Eor::an opinkonreads ,ti5 follows: 

"The Texas National Guard Armory Board 

has constructed a Rational Guard armory at 

Camp Wolters and an administrative building 

at Camp Mabry and contemplates the construction of one or more armories at Camp Mabry 

in the near future; all such construction is 

on sites provided by the Adjutant General of 

Texas. 

"The armory constructed at Camp Walters 

and the ones to be constructed at Camp Mabry 

are financed out of funds derived from the 

sale of bonds under the Armory Board% Trust 

Indenture and are leased or to be'leased to 

the Adjutant General'pursuant to Article,5786, 

V.C.S. 

"The administrative building at Camp Mabry 

was constructed from 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 building at Camp Mabry and the 

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Lt. Col. Harry B. Kelton, page 2 (C-242) : 

armory building at Camp Wolters are carried 

on the Armory Hoard inventory whereas the 

land remains on the State Property Inventory 

as property of the Adjutant General's Eepartment. 

"To enable us to properly comply with 

the provisions of Article 5786, V.C.S. and 

the provisions of the Armory Board Trust 

Indenture, should the land and buildings at 

Camp Wolters and Camp Mabry be formally 

conveyed to the Armory Board? 

"Should such property be formally conveyed to the Armory Hoard to comply with the 

provisions of 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 Adjutant General is authorized 

to designate and transfer any of the Stateowned National Guard Camps and all land and 

Improvements, buildings, facilities and lnstallatlons, and personal property in connection therewith. or arw nart of the same, 

except Camp Mabry; Austin,‘Texas. to the 

Texas National Guard Armory Board, either 

for the purpose of administration thereof 

or for the purpose of sale or proper disposal otherwise when designated by the 

Adjutant General as ~surplus~ or In excess 

of the needs of the Texas National Guard, 

Its successors or components. The Adjutant 

General is authorized pr&or to declaring 

the above-described property asl!surplus' 

and transferring same to the Texas National 

Guard Armory Board, to remove, sever, dismantles or exchange any of said property 

for the use and benefit of the Texas National 

Guard or its successors." (Emphasis added) 

These provisions were amended in 1963 by the Legislature 

and are now codified as Section 5 of Article 5781, Vernon's 

Civil Statutes, which reads as follows: 

"For and pn behalf of the State of Texas 

the Adjutant General ie authorized to designate 

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Lt. Col. Harry B. Kelton, page 3 (C-242) 

and transfer any of the state-owned National 

Guard camps and all land and improvementsp 

buildings, facilities, and installations and 

personal property in connection therewith, 

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 otherwise when designated by the Adjutant General as 'surplus8 or 

in excess of the needs of the Texas National 

Guard, its successors or components. zThe Adjutant General is authorized prior to deelaring the above described property as 'surplus' 

and transferring same to the Texas National 

Guard Armory Board, to remove, sever, dismantle, 

or exchange any of said property for the use 

and benefit of the Texas National Guard or its 

successors D " 

It is noted that the exceptlor applicable to 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 department of this state and 

subordinate only to the Governor in matters 

pertaining to said Department, 01" the military 

forces of this state; and he shall perform 

such duties as the Governor may from time to 

time entrust to him relative to the military 

commissions, the military forces, the military 

stores and supplies, OP to other matters respecting military 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 regulations and customs of 

the United States Armed Forces, 

"'For and on behalf of the State of Texas, 

the Adjutant General is authorized to execute 
- . 

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

leases or subleases between 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 equipment therein 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 municipality from any person other 

than the Texas National Guard Armory Board, so 

long as adequate facilities for such armory purposes in or about such municipality are 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 following powers to the Texas National 

Guard Armory Board: 

"To construct buildings on any of its real 

property, whether held in fee simple or otherwise, and to furnish and 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 provided with respect to 

other property, the buildings, and the sites 

thereon situated, which It may construct at 

Camp Mabry, Camp iiulen and Camp Wolters, and 

to lease and sublease, convey and exchange, in 

whole or in part, all of Its property not 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 selected and described by a Board of Officers 

appointed from time to time for the purpose by 

the said Adjutant General, and such description 

shall be certified to said Armory Board and a 

copy thereof shall be furnished to and preserved 

in the office of said AdJutant General; and 
Lt. Col. Harry 8. Kelton, page 5 (C-242). 

provided further, that when so selected 

and described and 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 absolutely as if the same had been acquired 

by a gift to or purchase by said Armory 

Board. 

"All such property, together with the 

rents, issues and profits thereof shall be 

exempt from taxation by the State of Texas 

or by any municipal corporation, county or 

other political subdivision or 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 accordance with the provisions of 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 constructed on sites 

at Camp Mabry, Camp Hulen and Camp Walters 

pursuant to the provisions of paragraph (73 

of subdivision (b) of Section 7 of Article 

5786, Vernon's Civil 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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Lt. Col. Harry B. Kelton, page 6 (C-242): : 

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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