Untitled Texas Attorney General Opinion

May 6, 1965 Hon. W. S.Heatly, Chairman Opinion No. C-431 AppropriationsCommittee House of Representatives Re: Constitutlonalltyof Austin, Texas Rouse ~lll 16, relating to appropriationfor constructionof a build- ing at "HemisFalr1968” in the City of San Dear Representativeneatly: Antonio. Your request for an opinion reads as follows: "Attachedhereto is a copy of H.B. 16 by the Honorable Glenn Kothmann of San Antonio. There has been some question as to the consti- tutionalityof this bill under Article 16, Sec- tion 60 of the Constitutionof the State of Texas. "I would appreciate it If you would give me an opinion as to the constitutionalityof this proposed legislation. "Your earl% attention to this matter will be appreciated. Section 4 of House Bill 16 of the 59th Legislature, provides as follows: "From funds hereby appropriated,and with the approval of the State Building Commission,a structure shall be planned and constructed for housing appropriateTexas State Exhibits for HemisFalr and due considerationalso be given to Its utility for State Governmentpurposes after the Fair. The structure is to be placed on an appropriate site, of approximately3 l/2 acres, within the total site planned for HemlsFalr 1968, and on land to be deeded, without cost, to the -2038- ,: Hon. W. S. Healty, page 2 (C-431) State of Texas, title to which shall have the prior approval of the Attorney General." The other provisions of House Bill 16 relate to duties of various State departmentsand agencies in connectionwith the structureprovided for in Section 4. Section 60 of Article XVI of the Constitutionof Texas provides:; "That the Constitutionof the State of Texas be so amended as to authorize a Texas Centennial, commemoratingthe heroic period of early Texas his- tory, and celebratinga century of our Independence and progress, to be held at such times, places and in such manner as may be deaknated by the Legls- lature of Texas. “That the Legislature of Texas be authorized to make apppoprlatlonfor the support and malnten- ante thereof;,provided, that this authorization shall not be construed to make appropriationsfor ,any other future exposition or celebrationof any kind or character." It Is noted that the provisions of Section 60 are only applicable to expenditureof State monies in connectionwith the Texas Centennialand are not therefore applicable to the Cons- truction of a building at the HerniaFaIrIn San Antonio. However, Section 56 of Article XVI of the Constitution of Texas provides in part as follows: "The Legislatureof the State of Texas shall have the power to appropriatemoney and establish the procedure necessary to expend such money for the purposes of developing Informationabout the historical,natural, agricultural,industrial, educational,marketing, recreationaland living resources of Texas,. . ." Subdivision (c) of Section 51-b of Article III of the Constitutionof Texas, authorizes the State Building Commission to: "Under such terms and conditionsas are now or may be hereafter provided by law, the Commissionmay acquire necessary real and per- sonal property, salvage and dispose of property -203% Hon. W. S. Heatly, page 3 (C-431) unsuitable for State purposes, modernize, remodel, build and equip buildings for State pupposes, and negotiate and make contracts necessary to carry out and effectuate the purposes herein mentioned." Under the terms of House Bill 16, the structure to be built will be on a site deeded to the State of Texas and will be used for housing appropriate Texas State Exhibits for HemisFair and thereafter to be used for State governmentalpurposes, after the Fair. Thus, House Bill 16 constitutesan appropriationbill, pursuant to authority granted the Legislatureby the provisions of Section 56 of Article XVI and Section 51-b of Article III of the Constitutionof Texas. You are therefore advised that House Bill 16 of the 59th LegislatureIs constitutional. SUMMARY House Bill 16 of the 59th Legislature,ap- propriatingmoney for the constructionof a structure for housing appropriate Texas State Exhibits for HernIaFaIrand for use for State governmentalpurposes after the Fair, Is constl- tutlonal. Sections 56 of Article XVI and 51-b of Article III, Constitutionof Texas. Yours very truly, WAGGONER CARR Attorney General JR:ms:sj:mkh APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman John Banks Pat Bailey Kerns Taylor Robert Flowers APPROVED FOR THE ATTORNEY GENERAL BY: Stanton Stone -2040-