E NE OFTEXAS
AUSTIN. TEXAS 7@91,

February 18, 1966’

Mr. William J..

Burke Executive Director State Board of Control Austin,Texas

Dear Mr. Burke:

You have requested subject. More specifically, the following question: OpinionNo, C- 618 Re: Since passage of K. B. 102, Acts 59th Legislature, 1965, Regular Session, Ch. 225, page 441, whether the Board of Control stillhas a responsibility for any type of supervisoryduties relative to the,BattleshipTexas and the Battleship Texas Commlsalon, and related questions.

our opinioh on the above stated you have raised, In substance,

"Your Interpretationof the'meaning,application and intent of H. B. 102, 59th Legislature,Regular Session, as it applies to the relation that shouldn&w exist between the Battleship Texas Commission and th$ Board of Controi is respectfully requested. The relevant sections of House Bill 102,Acts 59th Legislature, 1965,Regular Session, Chapter 225, page 441, are:

Section 1: "Controland custody of the Historical State Battlegrounds, San Jacinto Battleground, and Fannin State Battleground, are hereby transferred from the State Board of,,Control to the Parks and Wildlife Commission. Section 8: "Theprovisions of this act do not in any way alter the organisation,norreduce the powers or functions of the BattleshipTexas CO~lSSiOn. ' 'IEmphasis

added). -2997-plr. William J. Burke, page 2 (C-618)

In examining the relevant sections of W. B. 102,we find that the Legislature clearly transferred the custody and control of the San Jacinto Battlegroundand the **Fannln** Battleground to the Parka and Wildlife Department,but by Sections 1 and 8 of H. B. 102 did not alter the organizationor reduce the powers or functions of the Battleship Texas Commission.

In determining the organization,powers and functions of the BattleshipTexas Commission,we findunder Article 6145-2, Vernon's Civil Statutes,Acts of 1947, 50th Legislature,which established the BattleshipTexas Commission, that the State Board of Controlwaa authorized and directed to aid the Commission in carrying out its duties, by use of the Board's officesand employees. The last sentence of paragraph 1 of Section 6 specifically states:

"TheBoard of Control is hereby authorized and directed to cooperatewith the Commission in the use of the Board's Offices and Smployeea in aiding the Commission to carry out its duties." Also, the Board of Controlwa8 given the authority to audit the books and records of the Commisalonat any time. Section 7 specifically states:

"The Commission shallmaintain books of account and records concerningall revenue derived~

from the sale of admissions to the public and all expenses incurred inmaintaining and operating the Pattleshlp as a public 'memorial; such recorda and books shallbe available for aud,lt

at any time by the Board of Control of the State of Texa8.' And all expendituresand contracts of the Commission shallbe made, let and supervisedby the Board of Control. Section 10 specifically states:

"All expendituresand contracts authorized by the Commission or OperatingBoard shallbe made, let, supervisedand expendedby the Board of Control of the State of Texas according to all legal requirementsaa to the expenditures of funds and the letting of contractsby the saidBoard of Control." Therefore, since the Battleship Texas Commission is statutorilycharged with the responsibility of supervisingand exhibiting, etc., the Battleship Texas, and the Board of Control
-2998-Mr. William J. Burke, page 3 (C-618)

to a certain extentmust aid in its functioning,we must conclude that the Legislature expressly did not intend to alter the paat relationship. SUMMARY

H. B. 102, - _ - . Acts 59th Legislature, 1965, Regular session, Chapter 225, Page 441, did not change the State Board of Control's responsibilityand auperv1sionof the Battleship Texas Commission as It now existsunder Article 6145-2,Vernon's Civil Statutes,Acts, 1947, 50th Legislature. Very truly yours, WAGGONER CARR Attorney General

JCplcC:mkh APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman John Reeves Gordon Houser Harold Kennedy APPROVED FOR THE ATTORNEY GENERAL BY: T. B. Wright

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