THEAYTORNEY GENERAL 

OFTEXAS 

Honorable Geo. R. Sheppard 

Comptroller of Public Accounts 

Austln, Texas 

Dear Mr. Sheppard: Opinion No. o-5565 

Re: Whether or not Senate Bill No. 

266, Regular Session, 48th Legislature, with respect to rentals, applies 

to storage rentals on automobiles and 

other commodities made upon a monthly 

basis. 

You request a construction of Senate Bill No. 266 of the 

48th Legislature, Regular Session, governing rentals with special 

respect to storage rentals on automobiles and other commodities 

made upon a monthly basis. 

Sections 1, 2 and 3 of Senate Bill No. 266, are as 

follows: 

"Section 1. Hereafter all departments 

and agencies of the State Government, when 

rental space is needed for carrying on the 

essential functions of such agencies or departments of the State Government, shall 

submit to the State Board of Control a request therefor, giving the type, kind, and 

size of building needed, together with any 

other necessary description, and stating 

the purpose for which it will be used and 

the need therefor. 

"Sec. 2 s The State Board of Control, 

upon receipt of such request, and if the 

money has been made available to pay the 

rental thereon, and if, In the discretion 

of the Board such space is needed, shall 

forthwith advertise in a newspaper, which 

has been regularly published and circulated in the city, or town, where such rental 

space is sought, for bids on such rental 

space, for the uses indicated and for a 

period of not to exceed two years. After 

such bids have been received by the State 
Honorable Gee, H, Sheppard - page 2 o-5565 

Board of Control at its principal office in 

Austin, Texas, and publicly opened, the 

award for such rental contract will be made 

to the lowest and best bidder, and upon 

such other terms as may be agreed upon. The 

terms of the contract, together with the 

notice of the award of the State Board of 

Control will be submitted to the Attorney 

General of Texas, who will cause to be prepared and executed in accordance with the 

terms of the agreement, such contract in 

quadruplicate; one of which will be kept 

by each party thereto, one by the State 

Board of Control, and one by the Attorney 

General of Texas. The parties to such contract will be the department or agency of 

the government using the space as lessee 

and the party renting the space as lessor. 

"Sec. 3. Within thirty days after the 

effective date of this Act, all departments 

and agencies of the State Government at 

this time leasing or renting space from any 

person, firm, or corporation whomsoever, 

will cause to be prepared and delivered to 

the State Board of Control in Austin, Texas 

a copy of any written rental or lease agreement now in force and current, or any statement of any oral understanding upon which 

any lease or rental public funds are being 

expended, if such action has not already 

been taken." 

It is the opinion of this department that the Bill does 

not apply to situations such as those mentioned by you. 

The subject -- the essence -- of Senate Bill 266 Is the 

"rental space" when needed by an agency or department of the 

State government. It contemplates not only the rental contract 

but It contemplates that the subject matter of the contract -- 

the space needed -- be the space such as that of a building, room, 

office, or other quarters, to be occupied by the agency or department, or Its employees, in the carrying 'on of an essential governmental function. In other words, the subject matter of the 

rental, It is contemplated, will be under the controltl for tke 

time being, of the agency or departmenth as the term rental is 

generally understood. The word "rental Is one of well-understood meaning, and presumptively it was so used by the Legislature. 

Furthermore, this construction comports with the general purpose 

of the Act. 
Honorable Geo. H. Sheppard - page 3 o-5565 

Now, the so-called rental for storage of automobiles 

and other commodities is not a rental at all, within the meaning 

of the statute. It does not contemplate the taking over of any 

specific buildlng, room, or space whatsoever, but on the other 

hand is in its nature a storage contract -- something entirely 

dlfferent from the ordinary rental contract, A storage contract is one for service by the warehouseman, or other owner of 

storage space, and moreover it does not contemplate any particular room or space -- merely storage. 

It is conceivable that such a contract for space could 

take the form of a rental of space, within the meaning of the 

statute. Thus, where any department or agency was In need of 

space for storing records, papers, files, and the like, and the 

things to be thus stored were so numerous or voluminous as to 

make a mere contract of storage inadvisable, and a building, 

room, or definite space therefor preferable, such an arrangement 

would be a rental, within such necessity would present a fact 

situation to be determined by the circumstances. We can not be 

definite at this point beyond the mere statement of the general 

principle determining the nature of the rental. 

Very truly yours 

ATTORNEY GENERAL OF TEXAS 

By s/Ocle Speer 

Ocie Speer 

Assistant 

OS-MR-WC 

APPROVED SEP 1, 1943 

s/Gerald C. Mann 

ATTORNEY GENERAL OF TEXAS 

Approved Opinion Committee By s/BWB Chalrman