E NE 

XAS 

Honorable Harry B. Kelton, Director 

Texas National Ousrd Armory Board 

West Austin Station 

Austin, Texas 78703 

Dear Sir: 

Opinion No. C-565 

Re: Whether Senate Bill 

No. 109, Acts 59th 

Legislature, 1965, 

was repealed'by Rouse 

Bill No. AlO, Acts 

59th Legislature, 1965. 

Your letter of November 17, 1965, requesting OUP 

oplnlon relative to the above captioned matter reads as follows: 

*Prior to the conclusion of the last Session 

of the Texas Legislature, the Texas National Guard 

Armory Board was authorized to sell and otherwise 

dispose of property which it owned in the event 

it was encumbered by debt but was not so empowered 

In the event such real propert 

s; 

was debt free. See 

Attorney ffeneral's Opinion wW- 60. 

"The 59th Legislature first enacted S. B. 109 

whloh specifically authorized the Armory Board to 

dispose of certain lands and bwlldlngs which were 

surplus to and in excess of the needs of the Armory 

Board and where federal recognition had been withdrawn from the unit occupying such armory. The 

emergency clause of. S. B. 109 referred speclfitally to Attorney General's Opinion WW-460 as 

creating the necessity for suspending the Constitutional rule. 

*Thereafter, the 1965 Legislature also passed 

PI. B 410 which recodified all of the laws pertaining to the National Guard and APIBOP~ Board, 

re-enacting, in substance, Section 7 of Art. 5786 

without Including the amendment thereof contained 

In S. B. 109 as Intended by the sponsor as well a8 

the Legislature. 

"Will you please give us your opinion as to 

whether the enactment of ?I. B. 410 by implication 

repealed the provisions of S. B. 1091" 

-2726 
Hon. marry B. Relton, page 2 (c-565) 

Former Article 5786, as or1 inally enacted by Acte 

1905, p. 167, was repealed by Acts 19 % 3; 58th Leg.; ch. 112, p. 

209 (S.B. No. 279). Chapter 3, Title 94 of the Revised Civil 

Statutes of Texas; 1925,.was amended and revised to read as 

follows: 

"Article 5786. Ueneral Provisions. 

" 

. . . 

"Sec. 7. . . . 

"(c) As and when any of the property owned 

by the Board shall be fully paid for, free of all 

liens, and a'll debts and other obligations lncurred In connection with the acquisition OP construction of such property have been fully paid, 

the Board may donate, transfer, and convey such 

property, by appropriate Instruments of transfer, 

to the State of Texas, and such Instruments of 

transfer and conveyance shall be kept In the 

custody of the Adjutant i3eneral's Department." 

(Rmphasisadded) 

The Attorney Qeneral of Texas in Opinion ~1-460 has 

held that the~Tejias National Guard Armory Board,is not authorized 

by existing Statute to dlspobe of property whenthe indebtedness 

against any such:9property obtained~bg the Board'for armory purposes Is extinguished and that such'dlsposltlon Is under the 

direct dontrol of the Legislature of the State of Texas. 

S. B. No. 109 (Acts 1965, 59th Leg., ch. 28, p. 75) 

amemded Section 7 of Article 5786, Senate Bill 279 of the 58th 

Legislature, by providing a new subsection to be known as Subsection (g). Subsection (g) reads as follows: 

*l(g) When Federal recognition of a unit 

~~"unlts'of'the Texas National Guard is withdrawn by the United States Government and personnel are not available for its successors OP 

components to occupy the land, buildings and 

other Improvements owned by the Armory Board; 

the Adjutant General shall designate such property as surplus to the needs and requirements 

of the National Guard, its successors and 

components and notify the Armory Board of his 

intention to vacate the property and terminate 

any existing lease agreement with the Amory 

-2727- 
” . 

Ron. Harry B. Kelton, page 3 (C- 5651 

Board ,188 accordanc5.e with the terms qf 'kuch agreement. Upon receipt of'such deeignation amd 

notice from the Adjutant General, the Armory 

Board and the Board oP Control are hereby auB. B. ,No. 410, (Acts 1965, 59th Leg., ch. 690, p. 

1601) amended Chapters 1 and 2, Title 94, Revised Civil Statutes 

of Texas to read as follows: 

"Article 5767. ,Texaa National Guard 

Armory Board. 

n 

. * . 

"'Section 7. As and when any of the prop-' 

erty owned by the Board shall be fully paid for, 

free of all liens, and all debts and other obligations incurred In connection with the acquisition or construction of such property have 

been fully paid, the Board may donate, transfer, 

and~convey such property, by appropriate in-~ 

struments of transfer, to the State of Texas, 

and such Instruments of transfer and, conveyance 

shall be kept in the custody of the Adjutant 

Genepal's Department.'" 

In the Repealerclause of H. B. 410, it is speclfically stated as follows8 

" .Sections 7 and 8, Article 5786, Revised civil Statutes of Texas, a8 amended; 

and Section 7 through Section 8 of Article 57666 

Chapter 112, Aats of the 58th Legislature (compiled as Section 7 through Section 8 of Article 

5786, Revised Civil Statutes of Texas, as amended); 

are hereby repealed and all other laws or parts 

of laws in conflict with this Act"are repealed to 

the extent of such conflict only. 

March 16, 

S. B. No. 109 of the 59th Legislature was approved 

1965 and Xi. B. No. 410 of the 59th Legislature was 

aoproved ‘June i&3, 1965. S. B. No. 109 authorized the Armory 

B&d to sell to the highest bidder for cash any property 

designated surplus to the needs Andy requirements of the National 

Guard, its sueeessora and components. II. B. No. 410 recodlfles 

-2728- 
Hon. Harry B. Kelton, page 4 (C-5&) 

all of the laws pertaining to the National~Guard and Armory 

Board, and re-enacta, in substance, Section 7 of Article 57% 

without Includingthe amendment thereof contained in S.-B. No. 

log. It 1B plain, as evidenced by Attorney General's Opinion 

No. WW-60, that by the provisions of Section 7, the Leglsla~- 

ture intended to obtain direct control'of the~armories acquired 

or cohstructed by the National'Guard Armory Board and utlllied 

by Texas National Guard units once the armorles~ were free and 

clear of the lncumbrances of acquisition and construction. 

In conclusion, It is our opinion that H. B. No. A10 

specifically repeals Section 7 of Article 5786, Revised Civil 

Statutes of Texas, as amended. Therefore, the latter act, H, B. 

No. 410, being the latest expression of the Legislature, will 

prevail over S. B. No. 109. 

SUMMARY 

H. B. No. 410 speelflcally repeals Section 7 

of Article 5786, Revised Civil Statutes of Texas, 

as amended, and therefore the latter act, H. B. 

No. 410 being the latest expression of the Legislature, will prevail over S. B. No. 109. 

Very truly your, 

WAGGONER CARR 

Attorney General 

AM:ra 

By: a&W- cy\= 

Alan Minter 

Asslatant 

APPROVED: 

OPINION COMMITTEE 

Kerns B-i Taylor, Chairman 

Phllllp Crawford 

Tom Routt 

JohnBanka 

Harold Kennedy 

APPROVED FOR TEE ATTORNEY GEWERAL 

BY: T. B. Wright 

-2729-