Honorable Geo. W. Cox, M. D. 

State Health Officer 

Texas Board of Health 

Austin, Texas 

Dear Doctor COX: Opinion NO. 0-6798 

Re: Authority to dispcse of certain 

personal property no; needed 

by a State hospital. 

In your letter of August 24, 1945, you have requested an onlnion from this office reliti\:e tc the above 

subject and,.Foour+letter containirr,g;,,the,request':aMZ the pertinent facts is quoted: 

"By warranty deed dated June 28, 1945, the 

trustees of the London Independent School Distriot, Rusk County, Texas, et al conveyed to the 

State of 'Lexas for the use and benefit of the 

State department of fiealth 3.47 acres of land, 

a part of the T. J. &.rtin original survey, arssk 

County, Texas, together with a ten-classroom 

school building, water tower, deep well and other 

appurtenances and improvements located thereon, 

for a consideration of $20,000. cash-in-hand paid. 

"The State Realth Officer and the State 

Board of Health are ccnverting the school building into r-i120-bed hospital for the maintenance 

and treatment of venereal~ disease patinets. The 

classrooms have composition blackboards on the 

walls, The County Superintendent of Public Instruction of Smith County, Texas, proposes to 

remove the composition blackboards, chalk troughs, 

and holdings, re-finish where the blackboards 

were removed, and paint the wslls for the blackboards, meldings and chalk troughs. These blackboards, moldings and chalk troughs are cr no use 

to the Texas State Department OF Health and the 

medical Officer in Charge wants them removed. 
Honorable Geo. 1. Cox, Iby. B., Page 2 C-6798 

"The science room in the school building has 

7 science tables with water, gas and W#!dr connections. These tables have acid-proof sinks and are 

valuable in the teaching of chemistry, but are of 

no value tom the building as a hospital. 

"The roof of the building is partly clBafhtile 

and parly composition asphalt and gravel. o 

classes of roof have some leaks and considerable 

water flows through the roof into the building in 

heavy storms. A proposition has been made by a 

competent, experienced, builder tc repair the roof, 

downspouts and other fixtures in consideration of 

receiving in payment the 7 science tables. 

"We understand under exist!ng law that if we 

should sell' the blackboards and science tables 

through the Board cf Control, we will be required 

to deposit the proceeds in the general fund of 

the State Treasury. 

"We wis'n you to advise us a'~:ether we can 

legally exchmge the bLackboards and science tables 

for the repair of the walls and the roof." 

The question here presented is whether public personal property which is no longer needed may be exchanged for 

work or services necessary in the repair of a public building. 

No authority for such an exchange has been found but to the 

contrary it appears that the disposition of the public personal prcperty menticned in your letter should be governed by 

Article 666, Vernon's Annctated Civil Statutes of Texas as 

amended which provides as follows: 

"All property belonging to the state, regardless of where it is located, under the control of 

any department, commission, board, or other state 

agency, with the exception of state eleemosynary 

Institutlrns, colle:;es, and instituticns cf higher 

learning, when it shall.beccme unfit for usa, or 

shall be no longer needed, shall be placed under 

the jurisdiction of the Board of Control'; and the 

Board of Gontrol shall sell such rcrerty after advertising it not less than four ( 1 .' ) days in a newspaper fn the county wherein the property is situ- 

,ated. Provided, horvever, that if no newspaper is 
Honorable GOO. W. COX, M. D.9 page 3 O-6798 

published in the, county $$herein the property is 

situated, notice cf said ‘sale setting out the time 

and place of sale and the ,property to be sold shall 

be posted in three (3) public places, one be?~ng 

in .a court house in the county wherein the property is situated. Provided, however, that if the 

value of such personal property is less than One 

Hundred ($100.00) Uollars and not sufficient to 

justify the cost of advertisement in newspapers 

cs outlined above, the Board of Control may sell 

such property in any manner that it deems for the 

best interest of the state. The money from the 

sale of such property, less the expsfise of advertising the sale, shall be deposited in the Stat,e 

Treasury to the credit of the Geaeral Hevenue &u~d,~ 

And provided further, that any property placedrin ” 

the hands of the %oard of Control, as outlined herein, may be transferred by the Board of Control to 

any department, corm&ssion, board or state agency 

in need of same, and the debit and credit shall be 

made o’n the basis that such prcpeqty can be purchased in the market at the time of the transfer, 

if a market exists, and if not, at its actual or 

intrinsic value 8,s set by the,board of Control. 

The Board of Control shall ma&,%@ written report 

to the Comptroller after each sale. The report 

shall in~$l$de the following items: 

“1. ivatne of the newspaper and the dates of 

advertisement of notice of sale; or if pcsted, the 

date and place of posting. 

“2. Each article received. 

“3. The price for which each article was sold. 

“4. The name and address cf the person to 

whom each angdcle was sold. 

“‘This report shall be signed by the 3oard&f 

Control and a member of the dep@r&$nt, commission, 

board or state a:;ency bar ing ccntrol of the property before sale. ‘I’ 

The above quoted statute requires that in the disposition of State property a sale thereof must be made pursuant to the procedures set forth and the only exceptions 
. . 

Honorable Gee. h'. COX, M. D. page 4 O-6798 

to such requirements are "state eleemosynary institutions, 

colleges and institutions of higher learning." It is not 

believed that the State Board of Health or any of its divisions come within these exceptions. It follows therefore 

that the science tables and the blackboards or the school 

equipment in question must be sold pursuant tc this Article 

and the proceeds from such sale deposited in the State Treasury to the credit of the General Revenue h'und. 

It appears that the necessary repairs tc the public building described in your request should be accomplished 

pursuant to Article 670 and 673, Revised Statutes of 

Texas as amended which provide as follows: 

"T'e Board shall prepare plans and specifi- I? 

cations for improvement and repairs to public 

buildings or property of the State, and shall 

superintend through its division of‘-public Buildings and grounds, the construction cf said work 

when such supervision is not otherwise especially 

provided for by law." (Article 670) 

"?ghen needed improvements or repairs for respective buildings and offices are aalled to the 

attention of the Woard by the heads of such departments or offices, the Board shall prcvide for 

such repairs or improvements, and they shall be 

ma&under its diWction." (Article 673) 

The foregoing $onsidered, you are advised that it 

is the opinion of this office that under no circumstances may 

the school equinment in question be exchanged for the services 

necessary in repairing the building and that the nqwpsarg repairs to the building can only be accomplished by the Beard 

of Control pursuant to the Articles above menticned. 

Very truly yours 

ATTORNEY GENERAL OF TEXAS 

BY 

1 

Jackson Littleto& 

Assistant:. 

THIS OPINION 

CONSIDEREM AND 

APPROVED IN 

LIMITED CONFERENCE