THE ATTORNEY GENERAL 

OF XAS 

WILL WIILSON 

ATTORNEYGENERAL 

June 6, 1962 

Honorable Thomas S. Bishop Opinion No. WW-1345 

Major General, Tex AHNG 

Adjutant General of Texas Re: Authority of the City of 

Austin, Texas Palacios acting 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 that under the provisions of S.B. 95, Acts 57th Leg., 

Third Called Session, 1962, Ch. 10, p. 25, the City of 

Palacios was designated as agent of the State of Texas for 

the purpose of consummating the sale or lease of certain tracts 

of land comprising Camp Hulen, Texas. You state further that 

the City of Palacios desires to obtain sea shell from Camp 

Hulen. 

You then ask: 

First, does the City of Palacios 

have authority under 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 

transferring or leasing "certain tracts of land and all 

improvements thereon. . . .II 
, i 

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

Such agency appointment for the purpose underlined 

above is an appointment for the conjunctive purpose of selling 

or leasing the land in question with the improvements thereon; 

not an appointment for the disjunctive purpose of selling or 

leasing the property piece meal. 

Section 2 of said Bill authorizes the City of 

Palacios as agent for the State to sell or lease the property 

in question in whole or in part 'as an industrial site. . . .It 

Thus, by the terms of Section 2, the City of 

Palacios must sell the property in whole or in part as an 

industrial site. This view is further evidenced by the 

emergency clause, Section 5 of said Senate Bill. Section 

5 states in part that such property: 

"Constitutes an industrial site 

ideally situated for industrial 

develooment, and . . . that the 

sale of such property as an industrial site will inure to the benefit 

f th State of Texas. . . .' 

i)EmphEsis added.) 

Therefore, we answer your first question no, the 

City of Palacios does not have authority to make sales of 

sea shell, concrete slabs or buildings piece meal from Camp 

Hulen under the authority of S.B. 95. 

We answer your second question yes, the City of 

Palacios is required by 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 Palacios under the 

grant of authority contained in S.B. 

95, Acts 57th Leg., Third Called 

Session, 1962, Ch. 10, p. 25, is 

not authorized to sell sea shells, 

concrete slabs or buildings from 

Camp Hulen piece meal, but is 
Honorable Thomas S. Bishop, page 3 (WW-1345) 

authorized to sell or lease in 

whole as an industrial site or 

in part as an industrial site. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

By: f 

Milton Richardson 

Assistant 

MR:ljb 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Howard Mays 

Iola Wilcox 

John Reeves 

Marvin Thomas 

REVIEWED FOR THE ATTORNEY GENERAL 

By: Leonard Passmore