Texas Attorney General Opinion: M-623 Page: 3 of 4
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Honorable Grover E. Murray, Page 3 (M-623)
Section 5 of Article 6252-6, provides in part, that:
"Each agency head is responsible for the
proper custody, care, maintenance, and safe-
keeping of state property possessed by his agency.
"(a) Each agency head shall designate either
himself or one of his employees as property manager.
"(b) The property manager shall maintain the
required records on all property possessed by the
agency and shall be the custodian of all such
property.
"(c) No person shall entrust State property
to any State official or employee or anyone else to
be used for other than State purposes." (Emphasis
added.)
It is our opinion that the exchange of property may
be accomplished in such a way as to constitute a state purpose.
Article 2629, Vernon's Civil Statutes, declares that the
purposes of Texas Tech College, among other things, is "...to
elevate the ideals, enrich the lives and increase the capacity
of the people..." The promotion and dissemination of education
and culture is a public or governmental state purpose, which may
be furthered by the proposed exchange of property.
In view of the foregoing, and limiting exchanges or
loans of such personal properties to those where the purposes
will in some way benefit the University and the State of Texas,
we are of the opinion that the Comptroller of Public Accounts,
upon consultation with and approval by the State Auditor, could
promulgate certain rules and regulations, under the discretion
conferred upon him pursuant to Section 4(c) of Article 6252-6,
whereby certain personal property owned by Texas Tech University
and the State of Texas, such as artifacts, paintings, and
sculptures, etc., could be exchanged with other universities
and/or museums over the United States on a temporary loan/or
exchange basis, with ownership and constructive possession
remaining with the University and the State. Responsibility
for such personal property so exchanged would remain with the
University as outlined in Section 5 of Article 6252-6.-2982-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-623, text, May 4, 1970; (https://texashistory.unt.edu/ark:/67531/metapth269848/m1/3/: accessed July 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.