The Attorney General of Texas 

December 2, 1980 

MARK WHITE 

Attorney General 

Mr. Dorman H. Winfrey 

Director and Librarian 

Texas State Library 

P. 0. Box 12927, Capitol Station 

Austin, Texas ‘78711 

Dear Mr. Winfrey: 

Opinion No. MN-284 

Re: Responsibility of Texas State 

Library for works of art in the 

Capitol 

You have requested our opinion regarding the proper custody of works 

of art located in the State Capitol. Article 5438, V.T.C.S., provides: 

The custody and control of books, documents, newspapers, manuscripts, archives, relics, mementos, 

flags, works of art, etc., and the duty of collecting 

and preserving historical data, is under the control of 

the [Library and Historical] Commission. The gallery 

of the portraits of the Presidents of the Republic and 

the Governors of this State constitutes a part of the 

State Library. All books, pictures, documents, 

publications and manuscripts, received through gift, 

purchase or exchange, or on deposit, from any source, 

for the use of the State, shall constitute a part of the 

State Library, and shall be placed therein for the use 

of the public. 

Similarly, article 5441, V.T.C.S., provides, in pertinent part: 

He [the State Librarian] shall preserve all historical 

relics, mementos, antiquities and works of art 

connected with end relating to the history of Texas, 

which may in any way come into his possession as 

State Librarian. He shall constantly endeavor to 

build rp an historical museum worthy of the 

interesting and important history of this State. 

On the other hand, section 4.01(a) of article 601b, V.T.C.S., the State 

Purchasing and General Services Act, declares that the State Purchasing and 

General Services Commission, formerly the Board of Control: 

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Mr. Dorman H. Winfrey - Page Two [MN284) 

shall have charge and control of all public buildings, grounds and 

property of the state; and is the custodian of all public personal 

property, and is responsible for the proper care and protection 

of such property from damage, intrusion, or improper usage. 

Attorney General Opinion O-3766 (1941), without referring to the statutes 

specify& the duties of the Library and Historical Commission and the State Librarian, 

held that permission to reproduce a painting in the Senate Chamber must be obtained 

from the Board of Control. In our opinion, however, any conflict between these 

statutes is best resolved by applying the rule of construction that a special statute 

prevails over a more general one relating to the same subject. Shanken v. Wolfman, 

&, 370 S.W. 2d 197, 200 (Tex. Civ. App. - Houston 1963, writ rePd n.r.e.); GMC 

Superior Trucks, Inc. v. Irving Bank & Trust Co., 463 S.W. 2d 274, 276 (Tex. Civ. App. - 

Waco 1971, no writ); City of Irviw v. Dallas County Flood Control District, 377 S.W. 2d 

215, 221 (Tex. Civ. App. - Tyler), rev’d on other grounds, 383 S.W. 2d 571 (Tex. 1964). In 

our opinion, therefore, the Library and Historical Commission is the custodian of works 

of art in the State Capitol. 

SUMMARY 

The Library and Historical Commission is the custodian of 

works of art in the State Capitol. 

/7 

MAXK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Rick Gilpin 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Acting Chairman 

Jon Bible 

Rick Gilpin 

Eva Loutzenhiser 

Bruce Youngblood 

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