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: 

Opinion No, C- 618 

Re: Since passage of K. B. 102, 

Acts 59th Legislature, 1965, 

Regular Session, Ch. 225, 

page 441, whether the Board 

of Control still has a responsibility for any type of 

supervisory duties relative 

to the,Battleship Texas and 

the Battleship Texas Commlsalon, and related questions. 

our opinioh on the above stated 

you have raised, In substance, 

"Your Interpretation of the'meaning, application and intent of H. B. 102, 59th Legislature, Regular Session, as it applies to the 

relation that should n&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: 

"Control and 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: 

"The provisions of this act do not in any 

way alter the organisation,nor reduce the powers 

or functions of the Battleship Texas 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 Battleground and the Fannln Battleground to the Parka and Wildlife Department, but by Sections 1 

and 8 of H. B. 102 did not alter the organization or reduce the 

powers or functions of the Battleship Texas Commission. 

In determining the organization, powers and functions 

of the Battleship Texas Commission, we find under Article 6145-2, 

Vernon's Civil Statutes, Acts of 1947, 50th Legislature, which 

established the Battleship Texas Commission, that the State Board 

of Control waa authorized and directed to aid the Commission in 

carrying out its duties, by use of the Board's offices and employees. The last sentence of paragraph 1 of Section 6 specifically states: 

"The Board of Control is hereby authorized 

and directed to cooperate with 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 Control wa8 given the authority to audit the 

books and records of the Commisalon at any time. Section 7 

specifically states: 

"The Commission shall maintain books of 

account and records concerning all revenue 

derived~ from the sale of admissions to the 

public and all expenses incurred in maintaining 

and operating the Pattleshlp as a public 'memorial; such recorda and books shall be available 

for aud,lt at any time by the Board of Control of 

the State of Texa8.' 

And all expenditures and contracts of the Commission shall be 

made, let and supervised by the Board of Control. Section 10 

specifically states: 

"All expenditures and contracts authorized 

by the Commission or Operating Board shall be 

made, let, supervised and expended by the Board 

of Control of the State of Texas according to all 

legal requirements aa to the expenditures of funds 

and the letting of contracts by the said Board of 

Control." 

Therefore, since the Battleship Texas Commission is 

statutorily charged with the responsibility of supervising and 

exhibiting, etc., the Battleship Texas, and the Board of Control 

-2998- 
Mr. William J. Burke, page 3 (C-618) 

to a certain extent must 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 responsibility and auperv1sion of the Battleship 

Texas Commission as It now exists under 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 

-2999-