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Mr. William J. Burke 

Executive Director 

State Board of Control 

Austin, Texas 

OPINION NO.WW-523 

Re: Under the terms of Senate 

Bill 190 are improvements 

(houses, outbuildings, ,etc.) 

acquired by the Highway Department in connection with 

the right-of-way building 

program, correctly considered 

as surplus property and related questions. 

Dear Mr. Burke: 

In your letter attaching a copy of a report prepared by 

Mr. Don Cavness, your Chief Clerk, you requested our opinion 

on various related questions under the terms of Senate Bill 

190. We interpret your request to refer to Senate Bill 190, 

Acts of the 55th Legislature, Chapter 414, Page 1247, Codified as Article 666, Vernon's Annotated Civil Statutes, known 

as the Salvage and Surplus Act of 1957, and will proceed on 

this assumption. Your letter in part reads as follows: 

1. "Under the terms of the Senate Bill 190 are 

improvements (houses, out buildings, etc,) 

acquired by the Highway Department in 

connection with the right of way and Highway 

Building program correctly considered as 

surplus property? The language of Section 

Two of Senate Bill 190 appears to indicate 

items which are classified as personal property of State agencies which appear on the 

inventory records of the various agencies 

are different (in nature) from the improve- 

,ments listed above. 

2. "Should the Board of Control under the terms 

of the Highway program attempt to handle the 

sale of improvements acquired in connection 

with the right of way under the terms of 

Senate Bill 190? Your attention is called 

to Paragraph 3 and 5 of the attached report. 
. . 

Hon. William J. Burke Page - 2 - (WW- 523) 

3. "If, under the terms of Senate Bill 190, the 

Board of Control should be the one to handle 

the disposal of such acquired improvements, 

can the Board of Control, in the interests 

of expediency, accuracy, and control delegate 

the authorityc~foo:~the~,.disposal of such improvements to the Highway Department?" 

Section 2 of the Act reads as follows: 

"It is the purpose of this Act to save the State 

money and recover as much money as possible for 

the State by giving the Board of Control authority 

to implement the transfer and use the best means of 

sale and disposal of all serviceable state personal 

property no longer needed by the state agencies, 

and authority to use the best means for the sale and 

disposal of all state-owned personal property that is 

depleted, worn out, damaged or consumed to the extent 

that it is no longer usable." (Emphasis Added) 

Section 3 of the Act reads in part as follows: 

11 

' (d) "Property" means personal property, and does 

not mean real-wrouerts, or any interest in real property, Personal property affixed to real property 

may be sold under this law if its removal and disposition is to carry out a lawful objective under this 

law or any other law. (Emphasis Added) 

” I(e) "Surplus property" means any personal property which is in excess of the needs of any state 

agency and which is not required for its foreseeable 

needs. Surplus property may be used or new, but 

possesses some usefulness for the purpose for which 

it was intended or for some other purpose.'" 

In answer to your first question, it is our opinion that 

the improvements mentioned in your letter are to be considered 

as surplus property and dis 

of this Act. Sections 3 (d P 

osed of in accordance with provisions 

and (e) of the Act clearly reflect 

the legislative intent to bring within this Act such improvements affixed to realty when their removal or disposition is 

to carry out a lawful objective under any law. These improvements have been acquired by the Highway Department under their 

delegated authority to construct and maintain highways and 
Hon. William J. Burke Page - 3 - (WW- 523) 

when no longer required for their present and foreseeable 

needs they must be disposed of as directed by this Act. 

In answer to your second question, it is our opinion 

that it is the Board of Control's duty to'dispose of these 

improvements in accordance with law once the Highway Department notifies them that the improvements are no longer needed. 

While disposal of these improvements may' present certain difficulties to the Board, we believe that the Act clearly sets 

out the procedures to be followedin disposing of such improvements. 

In answer to your third question, we are of the opinion 

that the Board of Control can delegate the authority for the 

disposal of such improvements to the Highway Department under 

the rules and regulations set up by the Board. This authority 

is clearly reaffirmed by Section 11 of the Act which states 

"it is the intent of the Legislature that the Board may 

authorize an agency to dispose of surplus or salvage property 

where the agency demonstrates to the Board its ability to make 

such disposition under the ruled and regulations set up by 

the Board, as provided for herein...." 

SUMMARY 

Improvements (houses, out buildings, etc.) 

acquired by the Highway Department in connection with right-of-way and highway building 

programs are correctly considered as surplus 

property under the terms of the Salvage and 

Surplus Act and the Board of Control must dispose of these improvements in accordance with 

this Act once the Highway Department notifies 

them that these improvements are no longer needed. 

The authority for the disposal of such improvements 

can be delegated to the Highway Department. 

Yours very truly, 

WILL WILSON 

Attorney General 

ERC:mh 

By: 

DWARD A. CAZARES 

Assistant 
Hon. William J. Burke Page - 4 - 

APPROVED: 

OPINION COMMITTEE 

George P. Blackburn, Chairman 

Ernest John Flowers 

Houghton Brownlee, Jr. 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: W. V. Geppert 

(w-523)