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 relatedVernon'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 determineyour authority to catry out a proposedplan, whereby Texas Tech University could,
on a temporarybasis, loan or exchange non-consumablepersonal property such as artifacts,paintings, and sculptures,etc., which belong to the University and the State,with other universities and/ormuseums over the United States. The proposed plan would have the State purposes of enhancing the reputation of Texas Tech Universityand the State of Texas, and of securing the loan of like properties in exchange from similar institutions.

Your request states in this connection:

"TexasTech Universityhas been considering the institution of a programwherein exhibit materials such as artifacts,paintings, sculptures and so on, owned by the University or our Museum may be loaned to other universitiesand/ormuseums over the country. Such a program couldbe of great value to us 11)in that temporary exchanges with other institutions couldbe 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 thatwe feelwould enhance the reputation of Texas Tech and the State of Texas if this program is permissible."

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Section 3 of Article 6252-6,Vernon's Civil Statutes provides in part:

"All real and personal propertybelonging to the State shall be accounted for by the head of the agencywhich has possession of the property.
"(a) The Comptroller of Public Accounts shall administer the property accounting system establishedby this Act. The StateAuditor shall administer the property responsibility system establishedby thisAct. The Comptroller shall issue such rules and regulations andmanual 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 StateAuditor. The State Auditor is directed to cooperatewith 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:

"Allpersonal property owned by the State shall be accounted for by the agencywhich possesses the property. The Comptroller shallby regulationdefinewhat is meant by personal property for the purposes of this Act. Unless the Comptrollerprescribes otherwise,personal property shall mean all non-consumablepersonal property. In promulgating such regulations, the Comptroller shall take into account the value of the property, its expected useful life, and cost of recordkeeping should bear a reasonable relationship to the cost of the property uponwhich records are kept. The Comptroller shall consult with the StateAuditor in making such regulations and the Auditor shall cooperatewith the Comptroller in the exercise of this rule-makingpower by giving technical assistance and advice."

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

"Eachagency head is responsible for the proper custody, care, maintenance, and safekeeping of state propertypossessed by his agency.
"(a) Each agency head shall designate either himself or one of his employees as property manager.
...

"(b) The propertymanager shallmaintain 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 propertymay 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 disseminationof education and culture is a public or governmental statepurpose, which may be furtheredby the proposed exchange of property.

In view of the foregoing, and limitingexchanges or loans of such personal properties to thosewhere the purposes will in someway benefit the University and the State of Texas, we are of the opinion that the Comptroller of Public Accounts, upon consultationwith and approvalby 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 certainpersonal property owned by Texas Tech University and the State of Texas, such as artifacts,paintings, and sculptures, etc., couldbe exchangedwith other universities and/ormuseums over the United States on a temporary loan/or exchange basis, with ownership and constructivepossession remainingwith the University and the State. Responsibility for such personal property so exchangedwould remainwith the University as outlined in Section 5 of Article 6252-6.

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

SUMMARY ---v-m- The Comptroller of Public Accounts, upon consultationwith and approvalby 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 certainpersonalproperty 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 constuctivepossession remainingwith the University and the State. Responsibility for such personal property PO exchangedwould remainwith 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 ExecutiveAssistant

NOLA WRITE First Assistant

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