OPINION OF ATTORNEY GENERAL SOUGHT ON DONATION, TRANSFERRING OF STAR OF THE REPUBLIC MUSEUM TO THC
The Texas Historical Commission (THC) is seeking the opinion of the Texas Attorney General on whether Blinn College can donate, convey, and transfer the Star of the Republic Museum to the THC.
Last week, the Office of Attorney General Ken Paxton received the opinion request from the THC, asking if Blinn can perform this action in light of section 442.062 of Texas Government Code. The THC asks if the codification of Blinn’s ownership of museum real and personal property under this section of code require that the College maintain ownership, or if it is possible that the property be donated, conveyed, and transferred to the THC.
Section 442.062, added into state code after Senate Bill 2309 was passed into law by the 86th Legislature, states the museum and its contents are under the jurisdiction of the THC, but Blinn College maintains ownership of the museum, the land on which it is located, and the artifacts in the museum. Code states the THC is “responsible for the preservation, maintenance, and operation of the museum”.
In a statement from Blinn, the THC’s request for an opinion from the Attorney General “seeks to provide clarification regarding all options” to strengthen the partnership between the two. A statement from Chris Florance, THC Director of the Communications Division, echoed that of Blinn’s, saying they want to know all of the options available as they “work together to preserve the history of the Texas Republic at the museum”.
State Senator Lois Kolkhorst, who filed Senate Bill 2309 alongside a companion bill from State Representative Ben Leman, said her office is reviewing the THC’s request and will work with both Blinn and the THC to learn how they plan to proceed once an opinion is given. She noted that an opinion from the Attorney General “does not carry the rule of law and would likely be sought to simply clarify future legal options”.
Florance said the Attorney General has six months to respond to the request for opinion.