May4 , 1970 

Honorable Grover E. Murray Opinion No. M- 623 

President 

Texas Tech University Re: Construction of Section 

P. 0. Box 4349 5(c), Article 6252-6, and 

Lubbock, Texas other related Vernon's 

Civil Statutes 

Dear President Murray: 

You have requested this office to prepare an opinion 

clarifying Section 5(c), Article 6252-6, and other related 

Vernon's Civil Statutes, in order to determine your authority to 

catry out a proposed plan, whereby Texas Tech University could, 

on a temporary basis, loan or exchange non-consumable personal 

property such as artifacts, paintings, and sculptures, etc., 

which belong to the University and the State, with other 

universities and/or museums over the United States. The proposed 

plan would have the State purposes of enhancing the reputation 

of Texas Tech University and the State of Texas, and of securing 

the loan of like properties in exchange from similar institutions. 

Your request states in this connection: 

"Texas Tech University has been considering 

the institution of a program wherein exhibit 

materials such as artifacts, paintings, sculptures 

and so on, owned by the University or our Museum may 

be loaned to other universities and/or museums 

over the country. Such a program could be of 

great value to us 11) in that temporary exchanges 

with other institutions could be effected, (2) 

in expanding our subject matter for educational study 

and viewing and (3) by encouraging study and viewing 

of new educational objects from time to time. We 

have certain items that we feel would enhance the 

reputation of Texas Tech and the State of Texas if 

this program is permissible." 

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Honorable Grover E. Murray, Page 2 (M-623) 

Section 3 of Article 6252-6, Vernon's Civil Statutes 

provides in part: 

"All real and personal property belonging 

to the State shall be accounted for by the head of 

the agency which has possession of the property. 

"(a) The Comptroller of Public Accounts 

shall administer the property accounting system 

established by this Act. The State Auditor shall 

administer the property responsibility system 

established by this Act. The Comptroller shall 

issue such rules and regulations and manual of 

instruction and prescribe such records, reports, 

and forms as he deems necessary to accomplish 

the objects of this Act subject to the approval 

of the State Auditor. The State Auditor is 

directed to cooperate with the Comptroller in 

the exercise of the Comptroller's rule-making 

powers herein granted by giving technical assistance and advice." 

Section 4(c) of Article 6252-6, directs that: 

"All personal property owned by the State 

shall be accounted for by the agency which possesses the property. The Comptroller shall by 

regulation define what is meant by personal 

property for the purposes of this Act. Unless 

the Comptroller prescribes otherwise, personal 

property shall mean all non-consumable personal 

property. In promulgating such regulations, 

the Comptroller shall take into account the value 

of the property, its expected useful life, and 

cost of record keeping should bear a reasonable relationship to the cost of the property upon which 

records are kept. The Comptroller shall consult 

with the State Auditor in making such regulations 

and the Auditor shall cooperate with the Comptroller 

in the exercise of this rule-making power by giving 

technical assistance and advice." 

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Honorable Grover E. Murray, Page 3 (M-623) 

Section 5 of Article 6252-6, provides in part, that: 

"Each agency head is responsible for the 

proper custody, care, maintenance, and safekeeping of state property possessed by his agency. 

"(a) Each agency head shall designate either 

himself or one of his employees as property manager. . . . 

"(b) The property manager shall maintain the 

required records on all property possessed by the 

agency and shall be the custodian of all such 

property. 

"(c) No person shall entrust State property 

to any State official or employee or anyone else to 

be used for other than State purposes." (Emphasis 

added.) 

It is our opinion that the exchange of property may 

be accomplished in such a way as to constitute a state purpose. 

Article 2629, Vernon's Civil Statutes, declares that the 

purposes'of Texas Tech College, among other things, is "...to 

elevate the ideals, enrich the lives and increase the capacity 

of the people..." The promotion and dissemination of education 

and culture is a public or governmental state purpose, which may 

be furthered by the proposed exchange of property. 

In view of the foregoing, and limiting exchanges or 

loans of such personal properties to those where the purposes 

will in some way benefit the University and the State of Texas, 

we are of the opinion that the Comptroller of Public Accounts, 

upon consultation with and approval by the State Auditor, could 

promulgate certain rules and regulations, under the discretion 

conferred upon him pursuant to Section 4(c) of Article 6252-6, 

whereby certain personal property owned by Texas Tech University 

and the State of Texas, such as artifacts, paintings, and 

sculptures, etc., could be exchanged with other universities 

and/or museums over the United States on a temporary loan/or 

exchange basis, with ownership and constructive possession 

remaining with the University and the State. Responsibility 

for such personal property so exchanged would remain with the 

University as outlined in Section 5 of Article 6252-6. 

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-. L 

Honorable Grover E. Murray, Page 4(M-623) 

---v-m- SUMMARY 

The Comptroller of Public Accounts, upon 

consultation with and approval by the State 

Auditor, could promulgate certain rules and regulations, under the discretion conferred upon him pursuant to Section 4(c) of Article 6252-6, Vernon's 

Civil Statutes, whereby certain personal property 

owned by Texas Tech University and the State of 

Texas, such as artifacts, paintings, and sculptures, 

etc., could be exchanged with other universities 

and museums over the United States on a temporary 

loan/or exchange basis, with ownership and 

constuctive possession remaining with the University 

and the State. Responsibility for such personal 

property PO exchanged would remain with the University 

as outlined in Section 5 of Article 6252-6, Vernon's 

Civil Statutes. 

u 

Prepared by Sam L. Jones, Jr. 

Assistant Attorney General 

APPROVED: 

OBINION COMMITTEE 

l(erns Taylor, Chairman 

W. E. Allen, Acting Co-Chairman 

Terry Goodman 

Richard Chote 

Ed Esquivel 

JamesMabry 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WRITE 

First Assistant 

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