AUSTIN,I.TEXAX

January 28, 1960

Honorable Dallas J. Matthews,Director Texas National GuardArmory Board West Austin Station Austin, Texas OpinionNo.WW-792

Re: Joint Utilization of Texas National GuardArmory Board Facilities.

Dear General Matthews:

You have requested our opinion concerning the authority of the Texas National GuardArmory Board to participate in a joint utilizationproject outlined by the National Guard BUreau in its communicationdated July 28, 1959, addressed to the Adjutants General of all States, Hawaii, Puerto Rico and the District of Columbia,

The TexasNational GuardArmory Board is chargedwith the "acquisition,construction,rental, control,maintenance and operation of all Texas National GuardArmories" andhas plenary powers concerning the use of suchArmories so long as their use is deemed by the Board to be necessary or desirable "in connection with or for the use of units of the Texas National Guard." Article 589013, Vernon's Civil Statutes.

In 19.52,the United States Governmentproposed to the Texas National GuardArmory Board alternative contracts covering construction of armory facilities to be erected in ,the State of Texas

. Since the State of Texasdid not have the authority to contribute funds to the Federal Government,but it did have the authority to accept funds from the Federal Government for the construction of armories, the Texas National GuardArmory Board accepted the optionwhich provided that the State of Texaswould contract for all work, materials, and/or services required for the construction of facilities for armories in the State of Texas, and in October, 1952, entered into such agreement,which was to remain in full force and effect for a period of twenty-fiveyears. Pursuant to this agreement, the Texas National GuardArmory Board has entered into numerous contracts for the construction of armories in comuliancewith the orovisions ofArticle 5890b.Vernon's

.~~~ ~~~ Civil Statutes. See Attorney~General'sOpinions-Nos.'%-179 (1955);S-185 (1956);W-168 (1957).Honorable Dallas J. Matthews, Page 2 (WW-792).

Your communication indicates that the Department of Army is making a survey on joint utilization of training f'acilities throughout the Army National Guard, and desires information as to whether there are any State legal restrictionswhich would preclude participationby the Texas National Guard in a joint utilizationproject whereby Departments of the Army Units would with your units jointly utilize National Guard facilities. As pointed out in the secondparagraph of this opinion, your Board has plenary powers concerning the acquisition and use of armories but this oower is limited to "in connectionwith or for the use of units of the Texas National Guard.' tion 2 of Article 589Cb V.C.S. Fubdivision (f) of Grestrictsutilization 0; your We conclude that this language acilities to use by units of the Texas National Guard only-and does not authorize utilization thereof by any other units.

You are, therefore, advised that under exi.sting,law you are not authorized to participate in the joint utilizationproject outlinedby the National Guard Bureau submittedwith your request.
SUMMARY

*TheTexas National Guard Armory Board has the authority to enter into any agreement it deems necessary ordesirable in connectionwith or for the use of units of the Texas National Guard. It cannot, under existing law, enter into an agreementwhereby National Guard Armorieswill be utilized by reserve componentsnot connected with the TexasNational Guard.
Yours very truly,

WILL WILSON Attorney Qeneral of Texas

JR:mfh APPROVED: 'he& OPINION COMMITTEE Assistant C. K. Richards, Chairman Ray Loftin Morgan Nesbitt J. C. Dav3.s.

Jr. REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore