May 8, 1952 

Hon. R. C. Lanning Opinion No. V-1455 

Chairman 

State Board of Control Re: Authority of the Board 

Austin, Texas of Control to allocate 

to the Texas Education 

Agency certain space 

in. the State Land Office 

Building which Is now 

occupied by other deDear Sir: partments. 

Your request for an opinion of this office 

is as follows: 

"The Board of Control, in endeavoring 

to carry out the mandate of the Legislature 

that the Texas Education Agency shauld be 

acoommodated in contiguous offices,, desires 

to allocate adequate space In the State Land 

Office Building for the Texas Ed,ucation 

Agency. 

"Since the State Banking Department 

has moved from the Walton Building and the 

Board of Insurance Commissioners has moved 

from the State Land Office Building, it Is 

possible at this time to allocate substantially equivalent office space for two 

State Departments now remaining In the 

State Land Office Building, where,upon adequate space for the Texas Education Agency 

will exist in the State Land Office Bullding. 

"It Is the.vlew of the Board of Control that the provisions of Article 665, 

Vernon's Civil Stat,utes, authorizing this 

department to allocate space In the public 

buildings to the departments, authorize 

and require the Board to make changes in 

the space allocations In the public bulldings from time to time as the Board finds 
Hon. R. C. Lanning, page 2 (V-1455) 

necessary to promote the efficient utilization of the public buildings in its 

charge. 

"Two State Departments which now 

Occupy space In the State Land Office 

Building can be housed In substantially 

equivalent space In other public buildlngs, namely, the Walton Building and 

the Capitol Building, respectively, but 

these departments have questioned the 

authority of the Board of Control to 

require that they move from the space 

they now occupy. 

"The Board of Control requests the 

opinion of your office concerning the authority of the Board under Article 665, 

to allocate space in the State Land Office Building now occupied by other departments to the Texas Education Agency." 

Article 665, V.C.S., Is as follows: 

"The State Board of Control shall 

have charge and control of all public 

buildings, grounds and property of the 

State, and is the Custodian of all public 

personal property, and is charged with the 

responsibility to properly care for and 

protect such property from damage, intrusion or improper usage, and the Board 

is expressly directed to take any steps 

necessary to protect any public bulldlngs against any existing orthreatened 

fire hazards. And the Board shall be 

authorized to provide for the allocation 

of space In any of th public buildings 

to the departments ofethe State Government and for the uses authorized by 'law 

to have and occupy space In the State 

%Fand shall be authorized to ma e any repairs to any such buildings 

or parts thereof necessary to the serviceable accommodation of the uses to 

which such buildings or space therein 

may be allotted. Provided the Board of 

Control shall not be understood to have 

or exercise any authority to direct the 

- 
Hon. R~ C. Lannlng, page 3 (V-1455) 

allotment of space in any public building 

in any manner calculated to increase the 

operations of any department or use beyond the discharge of duties devolved by 

provision of law. Said Board of Control 

shall remove all occupants of all committee rooms in the Capitol and keep them 

free for Legislative work, Provided, 

however, that the allocation of any space 

affecting the quarters of either House of 

the Legislature, must have the approval of 

the Speaker of the Ho,use of Representatives 

or the Lie~utenant Governor, the approval 

being for the quarters alltcated to the 

particular House affected. (Emphasis added,) 

The Legislature has the'exclusive authority 

to place property owned by the State in the custody 

and control of the agency of the State it deems best 

suited for such duties. Conley v. Da,ughters of the 

Republic, 106 Tex. 80, 156 S,W. 197 (1913)0 The 

Legislature, by the enactment of Article 665, has 

placed the custody and control of the public buildings, gro,unds, and property of the State In the Board 

of Control. It has directed that the Board shall allocate space In the public buildings under Its custody 

to the departments of the State government for the 

uses authorized by law, subject to the following llmltation: 

If 0 II D Provided the Board of Control 

shall not be ,understood to have or exercise 

any authority to direct the allotment of 

space in any public building In any manner 

calculated to increase the operations of 

any department or use beyond the discharge 

of duties devolved by provision of law. 

" o 0 

Unless this limitation, which Involves a 

fact iss,ue beyond the scope of our opinion, is involved, It is our opinion that it Is within the discretion of the State Board of Control to determine 

the allocation of space outlined in your request and 

make the changes contemplated. 
, .A 

Hon. R. C. Lanning, page 4 (V-1455) 

SUMMARY 

It is within the discretion of the 

State Board of Control to allocate to 

the Texas Education Agency certain space 

now occupied by other departments in public buildings under the custody of the 

Board of Control. Art. 665~, V.C.S. The 

power of the Board of Control In this matter is limited o,nly by the provisions of 

Article 665 requiring that it shall not 

allot space "in any manner calculated to 

increase the operations of any department 

or use beyond the dlscharge,,of duties devolved by provision of law.. 

Yours very truly, 

APPROVED: 

J. C. Davis, Jr. 

County Affairs Division 

PRICE DANIEL 

Attorney General 

Mary Kate Wall 

Reviewing Assistant 

Charles D. Mathews 

First Assistant 

Assistant 

JR:mh