JIM MATTOX 

Attorney Generel 

Supreme Court Building 

P. 0. Box 12548 

Austin. TX. 7871% 2540 

512147s2501 

Telex 9104874-1357 

TeI4copier 5121475.0288 

714 Jackson. Suit4 700 

Dallas. TX. 75202.4506 

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El Pa40, TX. 799052793 

915/5353u)4 

!1 T*xrs. Suit0 700 

nouston. TX. 77002.3111 

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Lubbock. TX. 79401-3479 

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4309 N. Terdh. Suite B 

McAllen. TX. 78501.16R5 

5121682.4547 

200 thin Plaza, Suite 400 

San Antonio. TX. 78205-2797 

512l225-4191 

A” Equal OpportunityI 

Atlirmative Action ElnpboveThe Attorney General of Texas 

November 14, 1984 

Mr. Donald J. Kerr 

Executive Director 

Texas National Guard Armory Board 

Opinion No. JM-233 

Re: Whether the Texas National 

P. 0. Box 5218 

Austin. Texas 70763 

Dear Nr. Kerr: 

Guard Armory Board may exchange 

certain property 

You ask whether 

exchange state-ovr.ed 

._ - 

the Texas National Guard Armory Board may 

property for a different property equally 

suitable for Armory Board purposes and vith an established value equal 

to or greater thar. that of the state-owned property which would be 

exchanged. We conc:l.ude that the Texas National Guard Armory Board is 

authorized to excha,nge such property. 

Title 97A. V.Y.C.S., containa the statutory provisions governing 

the Texas National Guard Armory Board. The Armory Board is a state 

agency created by article 5931-1 of that title. Included in the 

Armory Board’s spe::Lfic powers is the ~power to “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 any other 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:o COnStNCt buildings on any of its real. 

property, whether held in fee simple or otherwise. 

and to furnish and equip the same and to hold, 

manage ark! 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. 1047 
Mr. 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. Tha power of an ag;e:ncy of 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 97A the 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 made pursuant to the terms of 

this Act shall rsseme unto the State of Texas a 

one-sixteenth mireral interest free of cost of 

production. . . . 

We believe that a deed of state-owned property by the Armory Board 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). 

"The word ‘exchange’ has a well-defined meaning and should be 

construed and given the usu.l:L and generally accepted meaning.” Hoovel 

v. State, 69 S.W.2d 104. 10;s (Tax. Grim. App. - 1934). An exchange is 

.the “act of giving or taking one thing in return for another regarded 

as a n l quivaient .” Unitei States v. Paine, 31 F.Supp. 898, 900 

(D. Mass. - 1940); Black51 Lav Dictionary 505 (5th ed. 1979); 

Webster’s New International 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:h would 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 M A T T 0 X 

Attorney General of Texas 
Mr. Donald J. Kerr - Page 3 (JM-233) 

TOM GREEN 

First Assistant Attorney General 

DAVID B. RICHARDS 

Executive Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Nancy Sutton 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Rick Gilpin. Chairman 

Colin Carl 

Susan Garrison 

Tony Guillory 

Jim Moellinger 

Jennifer Riggs 

Nancy Sutton 

p. 1049