Untitled Texas Attorney General Opinion

April 18, 1968 Honorable J. R. Singleton Opinion No. M-219 Executive Director Texas Parks and Wildlife Dept. Re: Constructionof rider in John Ii.Reagan Building appropriationto Parks and Au&In, Texas 78701 Wildlife Department,Article III, Senate Blll 15, Acts 60th Legislature,1967, Chapter 784, p. 2208, and Dear Mr. Slngleton: related question. By recent letter with attached appendix you have re- quested an opinion from this office. We quote, in part, from your letter as follows: "The Parks and Wildlife Department Is seeking the opinion of your office regarding the proper expenditure of funds from Item No. 13F In the Parks and Wildlife Section of the General AppropriationAct, Acts 1967, 60th Legislature,Regular Session, Senate Bill 15, which we quote as follows: 11 tF. Acquisition,restoration,and maln- tenance of historical structures and sites - $250,000.' "The next Item we would like to call to your attention Is the next to the last paragraph of the Special Parks and Wildlife Department Pro- visions that Is appropriate to this section as follows: "'The appropriationmade In Item 13F above is to be expended for the acquisition,restora- tion, and maintenance of the folloilng hlstorl- cal sites listed In order of their priority: Leaton, McKavett, Lancaster, Qrlffln, Conch0 and Richardson. No money Is to be spent for -1049- Hon. J. R. Singleton, page 2 (M-219) the restoration and mafntenance until the State of Texas shall have acquired valid legal title to such sites.' "The Department'sstatutory responsibility for this program Is House Bill 58, codified In the Vernon's Annotated Civil Statutes as Article 608ls, which became effective August 28, 1967 or ninety (90) days after the date of adjourn- ment of the 60th Legislature. . . . .Therefore,we respectfullyrequest your oil&on on the following questions: "1. We have determlned that the State can- not acquire valid legal title to one of the historical sites listed; therefore, can said ap- propriationbe expended for acquisition,restora- tion, and maintenance of parks listed after it In the order of priority shown In said rider? I, . . * "2. Can the appropriationbe used for restoration and maintenance on any of the hls- torlcal sites listed in the rider without re- gard to the order of priority shown In the rider? I, . . . "3* Can said appropriationbe expended for any or all of the following: "A. Expendituresfor restoration of his- torical structuresand sites: "1. Archaeologicalexcavation contracts. ::g Hlsto$ical Research contracts. Salaries for Historical Research Technicians and Travel Expense. "4. Architect'sand Enezineer'sProfessional services. "5. Engineering surveys; boundary surveys; topographic and planlmetrlc and slmllar work. "6, Consumable supplies and materials, ln- cludlng small tools and building materials. - 1050- Ron. J. R. Singleton, Page 3(M-219) "7. Purchase of equipment, Including trucks, large tools and display cases. "8. Constructionof Fort Bu!ldlngs by con- tract or force account (wages, materials and other expenses). "9 . Constructionof water system, electric system, signs, fences, roads, parking areas; by contract and/or by force ac- count wages, materials and other ex- pensesI. "10. Landscaping, Including walks, benches, ditching, plants and trees; by contract ~, and/or by force account (wages, materials and other expenses). "Be Expenditures . for maintenance of,hlstorlcal structuresand sites: "1. Salaries of Park Attendant, Qrounds,- keeper, Watchman and/or Caretaker. "2. Wages for maintenance, work. "3. Consumable supplies and materials, ln- cludlng small tools. "4. Current and recurring operating expenses, as listed and described in Comptroller's Object ~ClasslflcationCodes 10, 11, 13, 14, 15, 16, 20, 21, 22, 23, 24, 26 and 28. Purchase of equipment, Includingmowers. ::z: Construction of public sanitation faclll- ties Including field lines and septic tanksI; by contract and/or by foroe ac- count (wages, materials, and other ex- penses)." Subsections (b) and (c) of Section 1 of Article.608ls, Vernon's Civil Statutes, referred to in your letter are quoted as follows: "(b) The Parks and Wildlife Department shall restore and maintain each structure or site ac- quired under Subsection (a) of this section for the benefit of the general public. The depart- ment may enter Into one or more interagencycon- tracts for the purpose of restoring or maintaining a structure or site. - 1051- ,.& \ ’ Hon. J. R. Singleton, page 4 (M-219) "(c) The department shall uee the money pro- vided In the General AppropriationsAct for this purpose to pay for the restoration and maintenance of each structure or site acquired under Subsection (a) of this section. The department shall also prescribe and collect a nominal fee for admission to every structure and site and shall use all ad- mission fees collected to pay for the rettoration and maintenance of structures and sites. Article 60810, which is quoted In part abovB, Is a general statute authorizing the Parks and Wildlife Department to acquire by purchase, gift or otherwise, five classes of historical structures or sites, and restore and maintain these sites when acquired. There Is no requirement specifyingthe priority of restoration or acquisitionof the structuresor sites In this statute. In fact, the language of Article 60810 places the discretion as to the acquisitionand restoration of the classes of historical structures or sites In the Parks and Wildlife Department. Article 6081s evidences an intent on the part of the Legislature to give the Parks and Wildlife Department broad authority in determininghistorical value, and broad au- thority in acquiring and restoring these structuresand sites for benefit of the general public. The rider in the AppropriationsAct, quoted In your letter, attempts to set up an order of priority in acquiring, restoring and maintaining specific historical sltr2s. In this regard, the rider attempts to amend Article 6083.8. This office ~hasheld on numerous occasions that when a conflict exists be- tween a general statute and a rider In the AppropriationsAct then the latter must yield. Attorney General's Opinion V-1304 (1949); C-119 (1963); and numerous authorities cited therein. It Is therefore our opinion that the Parks and Wlld- life Department Is authorized by Article 60810 to utilize Its discretion In acquiring and restoring, etc., the various historical structures and sites in this State, subject of course to the specific appropriatedamount of money as specified In Senate Bill 15, and quoted in your letter. Question three Includes a listing of the specific res- toration and maintenance items thought to be necessary by your Department once a historical site Is acquired. Article 6081s clearly seems broad enough to authorize the Parks and Wildlife Department to take any and all necessary steps to fully restore and maintain any historical site once the Departmenthas-exercised its discretion and acquired same. -10.52- Hon. J. R. Singleton, page 5 (M-219) It Is our further opinion that the Items set out In your request are authorized once a site Is acquired and such Items are necessary to fully restore and maintain same. SUMMARY The rider which provides priorities as to certain historical sites, contained In the Gen- eral AppropriationBill, for the Parks and Wlld- life Department to follow, (Acts 60th Legislature, 1967, Chapter 784, Article III, p. 2208), Is ln- valid, since It necessarily conflicts with Article 608ls, Vernon's Civil Statutes, which gives the Parks and Wildlife Department broad discretion In designating,acquiring,restoring, and main-' talnlng,Statehistorical structures and ,sltas. :. Yours very truly,' Prepared by James C. McCoy Assistant Attorney General APPROVED: OPINION COMMITTEE Hawthorne Phillips, Chairman Kerns Taylor, Co-Chairman W. V. Geppert Pat Bailey Nell Williams John Fainter A. J. CARUBBI, JR. Executive Assistant -1053-