Honorable Ward W. Markley 

Jasper County Attorney 

County Courthouse 

Jasper, Texas 

Opinion No. M- 350 

Re: Whether a state agency may 

sell surplus property directly to a county under 

provisions of Article 666, 

Vernon’s Civil Statutes, 

or Article 1722a, Vernon's 

Dear Mr. Markley: Penal Code. 

By recent letter, you have requested an opinion from 

this office regarding the above stated matter. We quote, In 

part, from your letter as follows: 

"The Parks and Wildlife Agency has a 

surplus boat in our County which they would 

like to sell to the County if at all possible, 

and I have been asked to obtain an opinion In 

this connection. 

"I find that under Article 666, Vernon's 

Annotated Civil Statutes Section 4(a) One 

State Agency may transfer or negotiate with 

another State 'Agency for the transfer of any 

surplus property. . . . 

"I am unable to find where a State Agency 

may negotiate directly with a County for the 

sale of surplus property without first seeking 

competitive bids. If there is some way, or some 

other Statute by which this can be done, I will 

appreciate very much your opinion in this connection." 

Subsequent to your letter requesting an opinion 

quoted, in part, above, we have received another letter from 

YOU, which we quote, in part, as follows: 

-1738- 
. 

Hon. Ward W. MarkleY, Page 2 (M-350) 

'In my request for an opinion on the 

disposal of surplus property by the Qame and 

Fish Commission to the County, by letter dated 

February 5th, I am wondering If there is a 

possibility that this transfer of this boat 

could be made under the Water Safety Act?" 

Article 666, Vernon's Civil Statutes, controls the 

disposition of surplus or salvage state property. Section 4 

of Article 666 Is quoted, In part, as follows: 

"Sec. 4. (a) All state agencies which 

determine that they have surplus property 

shall Inform the Board /the Board of Control7 

of the kind, number, loFatlon, condition, a-d 

original cost or value and date of acquisition 

of the property. The Board may inform other 

state agencies of Ehe existence, kind, number, 

location and condition of any surplus property. 

Any state agency when so informed may negotiate 

a 1 ret W 

agency transfer of the property but shall inform 

the Board of its Interest In order that the 

property will not be sold or disposed of before 

a transfer may be made. If a transfer of surplus 

property is made the agencies taking part in the 

transfer shall mutually agree on the value of the 

transferred property and shall report the value 

to the Comptroller. The Comptroller shall credit 

and debit their respective appropriations and adjust the state Inventory records to show the 

transfer if inventoried property is transferred. 

Transfers of surplus property shall be reported 

to the Board but the consent of the Board shall 

not be required for any transfer. After surplus 

property is reported to the Board it shall not 

be sold by the reporting agency unless written 

authority to sell is given by the Board. 

"(b) If no state agency desires to receive 

any property reported as surplus the Board shall 

dispose of the property and recover for the state 

the maximum money value possible. The Board may 

by rules and regulations establish procedures for 

the sale and disposition of surplus property, buk 

shall always seek competitive bids in all sales. 

(Emphasis added.) 

-1739- 
Hon. Ward W. Markley, page 3 (M-350) 

We agree with your analysis of the above quoted 

section to the effect that a county Is not empowered therein 

to negotiate directly wZth or purchase state surplus property 

from a state agency. 

Your second question necessitate5 an analysis of 

Article 1722a, Vernon's Penal code, referred to as the "Water 

Safety Act." 

Section 4 of Article 1722s Is the only provision of 

the Act which may relate to the question at hand. This section concerns the necessity of owners of motorboats to acquire 

a registration number from the Texas Highway Department before 

operating upon waters of this State. 

However, the boat in question Is exempt from the 

provisions of registration under Section 4 by Subsection (3) 

of Section 8 of Article 1722a, Vernon's Penal Code. 

section (3) of Section 8 Is quoted as follows: 

Sub- 

"Section 8. A motorboat shall not be required to be numbered under the Act if it is: 

"(1) . . , 

"(2) . . . 

"(3) A motorboat whose owner is the 

United States, a state or subdivision thereof." 

(Emphasis added,) 

The Supreme Court of Texas In City of Stamford v. 

Ba;lard, 162 Tex. 22, 344 S.W.2d 861 (1961), stated at page 

: 

"Section 4 of the Water Safety Act, Article 

1722a, Sec. 4, Vernon's Ann.Pen.Code is a reglstration statute and provides for numbering of 

motorboats, registration thereof and the issuance 

to the owner of the boat of a Certificate of 

Number stating the number awarded to the motorboat and the name and address of the owner. In 

the event of the sale of the boat, provision is 

made for the transfer of the Certificate of Number to the new owner." 

Based upon a review of Article 1722a, Vernon's Penal 

Code, and the above cited case, it I.5 our opinion that Article 

-1740- 
. 

Hon. Ward W. Markley, page 4 (M-350) 

1722a does not authorize transfer of the boat in question by 

the Parks and Wildlife Department to your county. 

We find no other statute or authority by which a 

state agency may negotiate or sell state surplus property 

directly to a county other than through competitive bids 

pursuant to Section 4(b), Article 666. 

SUMMARY 

Article 666, Vernon’s Civil Statutes, doe8 

not authorize a state agency to negotiate or 

sell state surplus property directly to a county, 

but such property may only be sold by competitive 

bids under Article 666, Sec. 4(b). 

The "Water Safety Act," Article 1722a, Vernon's Penal Code, does not authorize a state 

agency to transfer surplus state property to a 

county. 

Prepared by James C. McCoy 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

George Kelton, Vice-Chairman 

Joseph H. Sharpley 

Fielding Early 

Charles Parrett 

Arthur Sandlin 

W. V. GEPPERT 

Staff Legal Assistant 

-1741-