JIM MATTOX Attorney Generel

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# TheAttorney General ofTexas

November 14, 1984

Mr.Donald J. Kerr Executive Director Texas National GuardArmoryBoard Opinion No. JM-233 Re: Whether the Texas National P. 0. Box5218 Austin. Texas 70763 DearNr. Kerr: GuardArmoryBoard mayexchange certain property

You ask whether exchange state-ovr.ed

._ - the Texas National Guard Armory Board may property for a different property equally suitable for ArmoryBoard purposes andvith an established value equal to or greater thar. that of the state-owned property which would be exchanged. Weconc:l.ude that the Texas National GuardArmoryBoard is authorized to excha,nge such property. Title 97A. V.Y.C.S., containa the statutory provisions governing the Texas National GuardArmory Board. The Armory Board is a state agency created by article 5931-1 of that title. Included in the ArmoryBoard’s spe::Lfic powers is the ~powerto “exchange or sell as hereinafter provided” property acquired by the Armory Board end ptoperty on vhkh the buildings have been constructed. Subdivisions (6) and (7) of artkle 59314.(a) authorize the board:

(6) t,c acquire, by gift or purchase, for use as bui1dj.a.g sites or for anyother purposes deemed by said Board to be necessary in connection with or for Ihe use of units of the Texas National Guard, property of any and every description, whether wal. personal or mixed, including, but without limitation on the foregoing, leasehold estates in real urouertv. and hold. maintain. sublease, convey,. and

_exchange or sell ai hereinaf+ provided, such property.
. . . (7) 1:oCOnStNCt buildings on any of its real. property, whether held in fee simple or otherwise. and to furnish and equip the same and to hold, manageark!maintain all of said property
. . . and to lease and sublease, convey and exchange, or sell as hereinafter provided, in whole or in part, all of 11:; property.
. . . (Emphasis added).

p. 1047Mr. Donald J. Kerr - Page 2 (JM-233)

Subject to constituti~~nal limitations, the disposition of state-ovned land is a matter over which the legislature has exclusive control. Thapower of an ag;e:ncyof the state to convey state property may be exercised only under the legislature’s authorization. See Lorino v. Crawford Packing Co.. 175 S.W.Zd 410, 414 (Tex. 1943); Conley V. Daughters of the?lepublic, 156 S.W. 197, 200 (Tex. 1913); Attorney General Opinions J&149 (1984); MU-62 (1979); C-207 (1964); V-787 (1949); V-320 (1947). The legislature did not: expressly specify in Title 97Athe manner in which the Armory Board may exercise its authority to exchange state-owned property except that article 5931-10 provides that

[a]ny sale or deed madepursuant to the terms of this Act shall rsseme unto the State of Texas a one-sixteenth mireral interest free of cost of production.

. . . 

### Webelieve that a deed of state-owned property by the ArmoryBoard 

### to effect an exchange of property is a “deed made pursuant to the terms of this Act.” We are n>‘f aware of any general statutes which prescribe procedures or l:.n~itatlcns applicable to the exchange of Armory Board property. But see V.T.C.S. art. 5421c-12 (sale or exchange of land by politi~~~subdivision). 

### "Theword ‘exchange’ has a well-defined meaning and should be construed andgiven the usu.l:Landgenerally accepted meaning.” Hoovel v. State, 69 S.W.2d 104. 10;s (Tax. Grim. App. - 1934). Anexchange is .the “act of giving or taking one thing in return for another regarded as 

### anl

quivaient

.” Unitei States v. Paine, 31 F.Supp. 898, 900 (D. Mass. - 1940); Black51 Lav Dictionary 505 (5th ed. 1979); Webster’s NewInternational Dictionary 889 (2d ed. 1947). Hence. we conclude that, subject to the mineral reservation in article 5931-10, the legislature authorized the Armory Board to exchange state-owned property for a different property equally suitable for Armory Board purposes and with an estnbl,lshed value at least as great as that of the state-owned property whil:hwould be exchanged. SUMMARY The Texas National Guard Armory Board may exchange state-oirned property for a different property with an established value at least as great as that of the state-owned property which would be exchanged.

JIM MATT0X Attorney General of TexasMr. Donald J. Kerr - Page 3 (JM-233)

TOMGREEN First Assistant Attorney General DAVIDB. RICHARDS Executive Assistant Attorney General RICKGILPIN Chairman, Opinion Committee Prepared by NancySutton Assistant Attorney General APPROVED: OPINIONCOMMITTEE Rick Gilpin. Chairman Colin Carl Susan Garrison TonyGuillory JimMoellinger Jennifer Riggs NancySutton

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