EA NEY GENERAL
OFTEXAS
April 24, 1962
Hon. H. R. Nieman, Jr. Opinion No. W-1319
P;xecutiveDirector
Engineer Re: Authority of Building Commis-
State Building Commission sion to disburse funds to make
State Office Building emergency repairs to buildings
Austin 1, Texas acquired by the Building Com-
mission such as the State
Courts Building and State Of-
Dear Mr. Nieman: fice Building.
Your request for an opinion reads as follows:
TSenate Bill No. 1, General Appropriations, by
the First Called Session of the 57th Legislature un-
der the heading BUILDING COMMISSION the fourth para-
graph following the appropriated line items states
as follows: Any balances as of August 31, 1961, re-
maining in the special fund specified in Section 3
of Chapter 465, Acts 1957,Fifty-Fifth Legislature,
and any receipts to such fund during the biennium
ending August 31, 1963, are hereby appropriated to
the Building Commission for repair, maintenance, and
operation of any property heretofore or hereafter ac-
quired by the Building Commission as long as said
property is used to house State agencies, or is leased
to private individuals, or is in need of emergency
protective attention; and in the event the above ap-
propriation for repair, maintenance) and operation of
such property is inadequate, the Building Commission
is authorized to disburse such amounts as may be
deemed necessary from the appropriation made in item
10 above for accomplishing the same purposes.
"It is factual that property such as the State
Supreme Court Building, the State Office Building the
State Archives and Library Building, etc., constiiute
property heretofore acquired by the State Building
Commission and that these structures are used to house
State agencies and that title is maintained on inven-
tory by the State Building Commission. It is there-
fore, held that should these or like property be in
need of emergency protective attention, such as roof
repairs, etc., that the above quoted appropriation
bill paragraph constitutes a valid source of funds for
Eon. H. %. Nieman, Jr., page 2 ('.!w-1319)
such purposes and that the State Building Commis-
sion is authorized to disburse such amounts deemed
necessary.
"It is requested that you review the forego-
ing quoted appropriation verbiage and render an
opinion regarding the authority of the State Build-
ing Commission to disburse funds as deemed necessary
to effect emergency protective attention to acquired
property such as the State Supreme Court Building,
the State Office Building, the State Archives and
Library Building and like property."
The current General Appropriation Bill contains tne
following appropriation to the State Building Commission:
"Any balances as of August 31, 1961 remain-
ing in the special fund specified in Section 3 of
Chapter 465, Acts 1957, Fifty-fifth Legislature,
and any receipts to such fund during the biennium
ending August 31, 1963, are hereby appropriated to
the Building Commission for repair maintenance,
and operation of any property heretofore or here-
after acquired by the Building Commission as long
as said property is used to house State agencies
or is leased to private individuals or is in neeA
of emergency protective attention; and in the
event the above appropriation for repair, mainten-
ance, and operation of such property is inadequate,
the Building Commission is authorized to disburse
such amounts as may be deemed necessary from the
appropriation made in item 10 above for accomplish-
ing the same purposes."
Since the above quoted appropriation is to be expended
on "any property heretofore or hereafter acquired by the Building
Commission as long as said property is used to house State agen-
cies," the State Courts Building, State Office Building, the State
Archlves and Library Building, and like property is included in
the above zuoted language. You are therefore advised that the
State 3uilding Commission is specifically authorized to disburse
funds as deemed necessary to effect emergency protective atten-
tion to acquired property such as the buildings named above, and
any other buildings acquired by the Building Commission as long
as said property is used to house State agencies.
Hon. H. R. Nieman, Jr., page 3 (W-1319)
SUMMARY
Moneys appropriated by the Legislature to the
Building Commission may be disbursed by the Building
Commission for the purpose of taking care of emer-
gency protective attention of property acquired by
the Building Commission as long as said property is
used to house State agencies.
Yours very truly,
WILL WILSON
Attorney General of Texas
j7?CCtive+
JR:wb Assistant
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Ben Harrison
Harry Hewell
Grady Chandler
REVIEWED FCIRTHE ATTORNEY GENERAL
BY: Houghton Brownlee, Jr.