AUSTIN,I.TEXAX 

January 28, 1960 

Honorable Dallas J. Matthews, Director 

Texas National Guard Armory Board 

West Austin Station 

Austin, Texas 

Opinion No. WW-792 

Re: Joint Utilization of Texas National 

Guard Armory Board Facilities. 

Dear General Matthews: 

You have requested our opinion concerning the authority of the Texas National Guard Armory Board to participate in 

a joint utilization project outlined by the National Guard BUreau in its communication dated July 28, 1959, addressed to the 

Adjutants General of all States, Hawaii, Puerto Rico and the 

District of Columbia, 

The Texas National Guard Armory Board is charged with 

the "acquisition, construction, rental, control, maintenance 

and operation of all Texas National Guard Armories" and has plenary powers concerning the use of such Armories 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 Government proposed to the 

Texas National Guard Armory Board alternative contracts covering 

construction of armory facilities to be erected in ,the State of 

Texas . Since the State of Texas did 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 Guard Armory Board 

accepted the option which provided that the State of Texas would 

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-five years. 

Pursuant to this agreement, the Texas National Guard Armory Board 

has entered into numerous contracts for the construction of armories in comuliance .~~~ ~~~ with the orovisions of Article 5890b. Vernon's 

Civil Statutes. See Attorney~General's Opinions-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 restrictions which would 

preclude participation by the Texas National Guard in a joint 

utilization project whereby Departments of the Army Units would 

with your units jointly utilize National Guard facilities. As 

pointed out in the second paragraph of this opinion, your Board 

has plenary powers concerning the acquisition and use of armories 

but this oower is limited to "in connection with or for the use 

of units of the Texas National Guard.' 

tion 2 of Article 589Cb V.C.S. 

Fubdivision (f) of Grestricts utilization 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 utilization project outlined by the National Guard Bureau submitted with your 

request. 

SUMMARY 

*The Texas National Guard Armory Board has the 

authority to enter into any agreement it deems 

necessary ordesirable in connection with or for 

the use of units of the Texas National Guard. 

It cannot, under existing law, enter into an 

agreement whereby National Guard Armories will 

be utilized by reserve components not connected 

with the Texas National 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