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Re: Whether SenateBill No. 109, Acts 59th Legislature, 1965, was repealed'byRouse Bill No. AlO, Acts 59th Legislature, 1965.
Your letter of November 17, 1965, requesting OUP oplnlon relative to the above captionedmatter reads as follows:

*Prior to the conclusionof the last Session of the Texas Legislature, the TexasNational Guard Armory Board was authorized to sell and otherwise dispose of propertywhich it owned in the event it was encumberedby debt but was not so empowered In the event such real propert s; was debt free. See Attorney ffeneral's OpinionwW- 60. "The 59th Legislature first enacted S. B. 109 whloh specificallyauthorized the Armory Board to dispose of certain lands and bwlldlngswhich were surplus to and in excess of the needs of the Armory Board and where federal recognition had been withdrawn from the unit occupying such armory.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'sOpinionWW-460 as creating the necessity for suspendingthe Constitutional rule. *Thereafter,the 1965 Legislaturealso passed PI. B 410 which recodified all of the lawspertaining to theNational Guard and APIBOP~ Board, re-enacting, in substance, Section 7 of Art. 5786 without Including the amendment thereof contained In S. B. 109 as Intendedby the sponsoras well a8 the Legislature. "Willyou please giveus your opinion as to whether the enactment of ?I.B. 410 by implication repealed the provisions of S. B. 1091" -2726Hon. marry B. Relton, page 2 (c-565)

Former Article 5786, as or1 inally enactedby Acte 1905, p. 167, was repealed by Acts 19 3; % 58th Leg.; ch. 112,p. 209 (S.B.No. 279).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,.wasamended and revised to read as follows: "Article5786. Ueneral Provisions.

"

. . . "Sec.7.

. . . "(c) As and when any of theproperty owned by the Board shallbe fully paid for, free of all liens, and a'll

debts and other obligations lncurred In connectionwith the acquisition OP constructionof suchpropertyhave been fully paid, the Board may donate, transfer,and convey such property, by appropriate Instrumentsof transfer, to the State of Texas, and such Instrumentsof transfer and conveyance shallbe 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 propertywhenthe indebtedness against any such:9property obtained~bg the Board'for armory purposes Is extinguishedand that such'dlsposltlonIsunder 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, SenateBill 279 of the 58th Legislature,by providing a new subsectionto be known as Subsection (g). Subsection (g) reads as follows:

*l(g) When Federal recognition of a unit ~~"unlts'of'theTexas National Guard iswithdrawn by theUnited States Governmentand personnel are not available for its successorsOP components to occupy the land, buildings and other Improvementsowned by the Armory Board; the Adjutant General shall designate such property as surplus to the needs and requirements of the National Guard, its successorsand componentsand notify the Armory Board of his intention to vacate the property and terminate any existing lease agreementwith the Amory

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.

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

Board ,188

accordanc5.e

with the terms qf 'kuchagreement. Upon receipt of'suchdeeignationamd 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:

"Article5767. ,TexaaNational Guard Armory Board.
n

. *
. "'Section7. As and when any of the prop-' erty owned by the Board shallbe fully paid for, free of all liens, and all debts and other obligations incurred In connectionwith the acquisition or construction of suchpropertyhave been fully paid, the Board may donate, transfer, and~convey suchproperty, by appropriate in-~ struments of transfer, to the State of Texas, and such Instrumentsof transfer and,conveyance shall be kept in the custody of the Adjutant Genepal's Department.'"
In the Repealerclause ofH. B. 410, it is speclfically stated as follows8

" .Sections7 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 conflictwith this Act"are repealed to the extent of such conflict only.

March 16, S. B. No. 109 of the 59th Legislaturewas approved

1965 and Xi.B. No. 410 of the 59th Legislaturewas 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 sueeessoraand components. II. B. No. 410 recodlfles

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

all of the laws pertaining to the National~Guardand 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 evidencedby Attorney General'sOpinion No. WW-60, that by the provisions of Section 7, the Leglsla~- ture intended to obtain direct control'of the~armoriesacquired or cohstructedby the National'GuardArmoryBoard and utlllied by Texas National Guardunits once the armorles~ were free and clear of the lncumbrancesof acquisition and construction.

In conclusion, It is our opinion that H. B. No. A10 specificallyrepeals Section 7 of Article 5786, Revised Civil Statutes of Texas, as amended. Therefore, the latteract, H, B. No. 410, being the latest expression of the Legislature,will prevail over S. B. No. 109.
SUMMARY H. B. No. 410 speelflcallyrepeals 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-iTaylor, Chairman Phllllp Crawford Tom Routt JohnBanka Harold Kennedy APPROVED FOR TEE ATTORNEY GEWERAL BY: T. B. Wright

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