May 8, 1952

Hon. R. C. Lanning OpinionNo. 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 Buildingwhich Is now occupiedby other deDear Sir: partments.

Your request for an opinion of this office is as follows:

"TheBoard of Control, in endeavoring to carry out the mandate of the Legislature that the Texas EducationAgency shauld be acoommodated in contiguous offices,, desires to allocate adequate space In the State Land OfficeBuilding for the Texas Ed,ucation Agency.
"Sincethe State Banking Department has moved from theWalton Building and the Board of InsuranceCommissionershas moved from the State Land OfficeBuilding, it Is possible at this time to allocate substantially equivalent office space for two State Departmentsnow remaining In the State Land OfficeBuilding,where,uponadequate space for the Texas EducationAgency will exist in the State Land Office Bullding.

"It Is the.vlew of the Board of Control that the provisionsof 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 publicbulldings from time to time as the Board findsHon. R. C. Lanning, page 2 (V-1455)

necessary to promote the efficientutilization of the publicbuildings in its charge.

"TwoState Departmentswhich 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 departmentshave questioned the authority of the Board of Control to require that they move from the space they now occupy.
"TheBoard of Control requests the opinion of your office concerning the authority of the Board underArticle 665, to allocate space in the State Land Office Building now occupiedby other departmentsto the Texas EducationAgency."

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

"TheState 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 personalproperty,and is chargedwith the responsibilityto properly care for and protect such property from damage, intrusion or improperusage, and the Board is expresslydirected to take any steps necessary to protect any publicbulldlngs against any existing orthreatened fire hazards. And the Board shall be authorized to provide for the allocation of space In any of th publicbuildings to the departmentsofethe State Government and for the uses authorizedby 'law to have and occupy space In the State

%Fand shall be authorized to
ma e any repairs to any suchbuildings
or parts thereofnecessary to the serviceable accommodationof the uses to which suchbuildings or space therein may be allotted. Providedthe Board of Control shallnot be understood to have
or exercise any authority to direct the -Hon. R~ C. Lannlng, page 3 (V-1455)

allotment of space in any publicbuilding in any manner calculatedto increase the operationsof any department or use beyond the discharge of duties devolvedby provision of law. Said Board of Control shall remove all occupants of all committee rooms in the Capitol and keep them free for Legislativework, 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,useofRepresentatives
or the Lie~utenant Governor, the approval being for the quarters alltcated to the particularHouse affected. (Emphasisadded,)

The Legislaturehas the'exclusiveauthority 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 ofArticle 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 departmentsof the State government for the
uses authorizedby 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 calculatedto increase the operationsof any department or use beyond the discharge of duties devolvedby provision of law. " o 0

Unless this limitation,which Involvesa fact iss,ue

beyond the scope of our opinion, is involved, It is our opinion that it Iswithin 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 iswithin the discretion of the State Board of Control to allocate to the Texas EducationAgency certain space now occupiedby other departments in public buildingsunder 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 

### 665requiring that it shall not allot space "inany manner calculated to increase the operations of any department
or use beyond the dlscharge,,of duties devolved by provisionof 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

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