,Hon. Paul Brashear, Chairman 

Military & Veteranet Affairs 

Committee 

House of Representatives 

Capitol Station 

Austin, Texas 

Opinion NO. w-85 

Re: Whether H.B. 416 would 

affect bonds approved 

by the Attorney General 

under Trust Indenture 

of April 1, 1953. 

Dear Mr. Brashear: 

We quote from your letter dated March 20, 1957, 

wherein this opinion Fs requested: 

'Recently I requested information regarding 

the effect of H.B. 416, revising the method 

of appointment of the Armory Board of Texas. 

The requested opinion was whether this proposed change would affect the sale of bonds 

by the Armory Board. You . . . granted this 

opinion and replied in the negative. * (See 

Attorney General Oplnion WW-62). 

"The question has arisen as to whether this 

same bill would affect bonds approved by the 

Attorney General's office under trust indenture dated April 1, 1953, some of which have 

been sold and the balance will be delivered 

in June and September of this year. 

* * * 

*(Parenthetical expression Ours) 

As you observe, the effect of H.B. 416 is to revise the method of appointment of the members of the Texas 

Nation81 Guard Armory Board and to substitute certain named 
Hon. Paul Brashear, page 2 (~~-85) 

officers for other officers now serving. 

The question is whether these proposed changes 

affect bonds heretofore approved by this office, but 

not sold or delivered. 

A continuing trust indenture dated April 1, 1.953, 

established the reciprocal and corresponding righta and 

duties of the parties to past bond issues 88 well as Suture 

ones. 

Article One (1) of the indenture gives the meaning 

of words and phrases used in the instrument and the intent 

of the parties as to the meaning of their usage therein. 

Article 1.01(a), Trust Indenture, provides: 

"Board" - The Texas National Guard Armory 

Board, the first party hereto, and a2 

other public b&y at a3 time succeeding 

to -- the property rights - and - ObliR8tlonS Izf 

the Texas NatioAal Guard~mory Board. 

(Emphasis or 

The board created In H.B. 416 I& a public body 

designated by the Legislature as the Texas National Guard 

Armory Board and qualifies under Section 1.01(a), supra, 

and, therefore, would not affect bonds approved or to be 

considered for approval by this office under said indenture 

or supplement thereto. 

You refer to certain bonds to be delivered in June 

and September of this year. As to these, you are respectfully advised that until 8CtUal delivery to purchaser, they 

have not been issued and, consequently, Attorney Gener8l'S 

Opinion WW-62 to you on March 18, 195'i, holding that H.B. 

416 would not affect the power of the Board to issue bonds, 

would be applicable. 

SUMMARY 

H.B. 416 would not affect bonds approved 

by the Attorney Gener81'~ office under 
Hon. Paul Brashear, page 3 (~~-85) 

trust indenture dated April 1, 1953, some 

of which have been sold and the balance 

due for delivery in June and September, 

1957. 

Very truly yours, 

WILL WILSON 

Attornes General 

GW-s 

APPROVED: 

OPINION COMMITTEE 

H. Grady Chandler, Chairman 

Byron Fullerton 

Milton Richardson 

Wayland C. Rivers, Jr. 

BY