THE ATTORNEY GENERAL OF XAS

WILL WIILSON ATTORNEYGENERAL
June 6, 1962

Honorable Thomas S. Bishop OpinionNo. WW-1345 Major General,Tex AHNG Adjutant General of Texas Re: Authority of the City of Austin, Texas Palaciosacting as agent for the State of Texas to sell certain tracts of land known as the camp site for Camp Hulen, Texas, in whole or in part for industrial sites under S.B. 95, Acts 57th Leg., Third Called SesDear General Bishop: sion, 1962, Ch. lo, p. 25.

In a recent request for an opinion of this office, you state thatunder the provisions of S.B. 95, Acts 57th Leg., Third Called Session, 1962, Ch. 10,p. 25, the City of Palacioswas designatedas agent of the State of Texas for the purpose of consummatingthe sale or lease of certain tracts of land comprisingCamp Hulen, Texas. You state further that the City of Palaciosdesires to obtain sea shell from Camp Hulen. You then ask:

First, does the City of Palacios have authorityunder S.B. 95 to sell sea shell or improvements such as concrete slabs and buildings from Camp Hulen? Second, is the City of Palacios required to sell or lease the Camp Hulen property in whole or in part as an industrial site? Section 1 of S.B. 95 authorizes the City of Palacios to act as agent for the State for the purpose of selling and transferringor leasing "certaintracts of land and all improvementsthereon.
. . .II, i

Honorable Thomas S. Bishop,page 2 (WW-1345)

Such agency appointmentfor thepurpose underlined above is an appointmentfor the conjunctivepurpose of selling or leasing the land in questionwith the improvementsthereon; not an appointmentfor the disjunctivepurpose of selling or leasing the propertypiecemeal.

Section 2 of said Bill authorizes the City of Palaciosas agent for the State to sell or lease the property in question inwhole or in part 'asan industrial site.

. . .It

Thus, by the terms of Section 2, the City of Palaciosmust sell the property in whole or in part as an industrial site. This view is further evidencedby the emergency clause, Section 5 of said Senate Bill. Section 5 states in part that suchproperty:

"Constitutesan industrial site ideally situated for industrial develooment,and
. . . that the sale of suchproperty as an industrial sitewill inure to the benefit f th State of Texas.
. . .' i)EmphEsis

added.) Therefore,we answer your first question no, the City of Palaciosdoes not have authority tomake sales of sea shell, concrete slabs or buildingspiecemeal from Camp Hulen under the authority of S.B. 95.

We answer your second question yes, the City of Palacios is requiredby S.B. 95 to sell the Camp Hulen camp site in whole as an industrial site or else in part as an industrial site.

SUMMARY

The City of Palaciosunder the grant of authority contained in S.B. 95, Acts 57th Leg., Third Called Session, 1962, Ch. 10,p. 25, is not authorizedto sell sea shells, concrete slabs or buildings from Camp Hulen piecemeal, but isHonorable Thomas S. Bishop,page 3 (WW-1345)

authorizedto sell or lease in whole as an industrial site or in part as an industrial site.

Yours very truly, WILL WILSON AttorneyGeneral of Texas

By: f Milton Richardson Assistant MR:ljb APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Howard Mays IolaWilcox John Reeves Marvin Thomas REVIEWED FOR THE ATTORNEYGENERAL By: Leonard Passmore