c : 

THE ATTORNEY GENERAL 

OF TEXAS 

May 19, 1969 

Honorable Harry B. Kelton, Director Opinion No. M- 396 

Texas National Guard Armory Board 

West Austin Station 

Austin, Texas 70703 Re: Whether the Texas 

National Guard 

Armory Board can 

act independently of 

the State Building 

Commission in the 

awarding of construction 

contracts on the basis 

of open-market sealed 

bids for armory constrution and related 

Dear Mr. Kelton: questions. 

Your request for an opinion asks the following 

questions: 

"In your opinion, can the Armory Board act 

independently of the State Building Commission on 

the following functions?: 

"1. The development of armory construction 

and related projects. 

"2 . The selection of a qualified registered 

architect or engineer and awarding an architectengineer contract for design and construction supervision of armory and related projects. 

"3 . The awarding of construction contracts 

on the basis of open-market sealed bids for 

armory construction and related projects. 

- 1966 - 
: , 

Honorable Harry B. Kelton, page 2 (M-396) 

"In the event your opinion is affirmative 

on any of the above functions, can the State 

Comptroller legally draw warrants, payable from 

funds in the State Treasury, in payment of such 

services and/or contracts?" 

The powers of the State Building Commission, in 

regard to State building projects, are prescribed in 

Article 670f, Vernon's Civil Statutes, known as the State 

Building Construction Administration Act. The purpose of 

said act is set out in Section 1 as follows: 

"The purpose of this Act is to provide for 

the orderly planning of buildings constructed by 

the State, to provide for adequate inspection 

in the State's interest of building construction 

work in progress, and to provide for reasonably 

accurate projections of building program requirements, and estimates of the cost of proposed projects prior to legislative appropriations or 

specific authorizations for the construction and 

equipping of such projects. 

"The Legislature hereby declares that the 

policy of the State of Texas in regard to projects constructed under the provisions of this 

Act shall be to provide requisite physical facilities for the operation of State government in an 

architectural form which will represent the 

dignity of the State of Texas and which shall 

be aesthetically pleasing. Designs shall adhere 

to established construction practices and utilize 

materials, methods and equipment of proven dependability to the end that projects shall be 

economical to construct, operate and maintain." 

Section 3 of Article 678f provides certain 

exceptions not applicable to your request. In addition 

to the projects excluded by Section 3, Section 4 makes 

additional exclusions. Section 4 provides in part: 

- 1967 - 
Honorable Harry B. Kelton, page 3 (M-396) 

"In addition to the projects excluded by 

Section 3 of this Act, it is specifically provided that nothing in this Act shall apply to: 

"(A) Projects constructed by or under the 

supervision of any public authorities created 

by the laws of this State, or 

!, 3, 

. . . 

The powers of the Texas National Guard Armory 

Board are contained in Title 97A of the Revised Civil 

Statutes of Texas, 1925, as amended, being Articles 5931-l 

through 5931-13, Vernon's Civil Statutes. The general 

powers of the Texas National Guard Armory Board are stated 

in Article 5931-4, as follows: 

"The board shall constitute a public authority 

and a body politic and corporate and shall possess 

all powers necessary for the acquisition, construction, 

rental, control, maintenance, and operation of all 

Texas National or Texas State Guard Armories, including 

all property and equipment necessary or useful in 

connection with the armories." 

In addition to the general powers of the Texas 

National Guard Armory Board, Article 5931-5 provides certain 

specific powers of the Armory Board, as follows: 

"The board shall possess but is not limited 

to the following powers: 

#I 

. . . 

"(2) to enter into contracts in connection 

with any matter within the objects, purposes or 

duties of the board. . . 

#I 

. . . 

- 1968 - 
i : 

Honorable Harry B. Kelton, page 4 (M-396) 

"(7) to construct buildings on any of its 

real property, whether held in fee simple or 

otherwise, and to furnish and equip the same and 

to hold, manage and maintain all of said property. . . 

"(8) from time to time, to borrow money, 

and to issue and sell bonds, debentures, and other 

evidences of indebtedness for the purposes of 

acquiring one or more building sites and buildings, 

and for the purpose of constructing, remodeling, 

repairing, and equipping one or more buildings,. . . 

Articles 5931-4 and 5931-5, Vernon's Civil Statutes, 

are articles dealing specifically with specified powers of 

the Texas National Guard Armory Board, while Article 678f. 

Vernon's Civil Statutes, applies to State building construction 

generally. Also, the provisions of Articles 5931-l through 

5931-13 were enacted subsequent to Article 678f. Furthermore, 

Section 4 of Article 678f specifically excludes projects 

constructed by or under the supervision of any public authority 

created by the laws of this State. The Texas National Guard 

Armory Board by statutory definition (Article 5931-4) is 

such public authority. 

You are therefore advised that the Armory Board 

has the power and authority to act independently of the State 

Building Commission on the items and activities referred 

to in your request, namely, the development of armory 

construction and related projects: the selection of a 

qualified registered architect or engineer and awarding an 

architect-engineer contract for design and construction 

supervision of armory and related projects: and the awarding 

of construction contracts on the basis of open-market sealed 

bids for armory construction and related projects- 

- 1969 - 
Honorable Harry B. Kelton, page 5 (M-396) 

In answer to your last question, you are advised 

that the Comptroller of Public Accounts may legally draw 

warrants, payable from funds in the State Treasury, appropriated to the Armory Board for such purposes in the payment of such services and/or contracts. 

SUMMARY 

Pursuant to the provisions of Article 5931-4 

and 5931-5, Vernon's Civil Statutes, the Texas 

National Guard Armory Board may act independently 

of the State Building Commission on the development 

of armory construction and related projects: the 

selection of a qualified registered architect or 

engineer and awarding an architect-engineer contract for design and construction supervision of 

armory and related projects: and the awarding of 

construction contracts on the basis of open-market 

sealed bids for armory construction and related 

projects. 

The Comptroller of Public Accounts may legally 

draw warrants, payable from funds in the State 

Treasury, appropriated to the Armory Board for such 

purposes in the payment of such services and/or 

contracts. 

Youm very truly, 

General of Texas 

Prepared by John Reeves 

Assistant Attorney General 

-1970- 
Honorable Harry B. Kelton, page 6 M-396) 

APPROVED: 

OPINION COHMITTBE 

Kerns Taylor, Chairman 

George Kelton, Co-Chairman 

Marvin Sent011 

Sam McDaniel 

Rex H. White 

Wardlow Lane 

W. V. Geppert 

Staff Legal Assistant 

Hawthorne Phillips 

Btecutive Assistant 

-1971-