TEE ATTORNEYGENE-
OF TEXAS
AUSTIN =S.TEXAS
WTJiL WIJLSON
*-I-r0RNEY oENl.GRAx. October 10, 1960
Mr. W. K. Peace Opinion No. WW-950
State Librarian
Texas State Library Re: Will it be mandatory that
Austin, Texas the words "State Archives
and Library Building" be
placed in permanent form
on that Building that will
house the Texas State
Dear Mr. Peace: Library?
Your letter requesting an opinion from this department
asks the following question:
"Will it be mandatory that the words
'State Archives and Library Building' be
placed in permanent form on that Building
that will house the Texas State Library?"
Article 678m-2, Vernon's Civil Statutes, as amended by
Acts 55th Legislature, Second Called Session, 1957, ch. 21,
P. 181, states in part:
"Notwithstanding other provisions of
law, the Legislature may appropriate money
from the Motor Vehicle Inspection Fund for
the purpose of constructing and initially
equipping a building to be known as the
'State Archives and Library Building' to
house the State Library and the State
Archives, Museum and Land Office, . . .'
In House Bill 133, Section 1, Article 3, Acts 55th
Legislature, Regular Session, 1957, ch. 385, p. 954, and
in House Bill 4, Section 1, Article 3, Acts 56th Legislature,
Third Called Session, 1959, ch. 23, p. 514, both of which
are appropriation bills, this building is referred to as
the State Library and Archives Building.
It is a well settled rule that "an appropriation bill
cannot repeal, modify, or amend an existing state law."
Mr. W. K. Peace, Page 2 (WW-950)
Conley v. Daughters of the Republic, 151 S.W. 877 (Civ. App.
1912), Linden v. Finley 9 451, 4g S.W. 578 (18gg),
Attorney General's Opinion2W%& (1959) Therefore, Article
678m-2 is controlling over the above cited appropriation bills.
There is nothing mentioned in Article 678m-2 about plac-
ing an inscription on the Building and it is the opinion of
this office that it is not mandatory that the name "State
Archives and Library Building" be placed in permanent form
on this Building.
However, It is the further opinion of this office that
the Legislature has designated this Building as the "State
Archives and Library Building" and if a name is inscribed on
the Building it must be "State Archives and Library Building.'
SUMMARY
The Legislature in Article 678m-2, Vernon's
Civil Statutes, expressed its intention that
the Building referred to above should be
known as the "State Archives and Library
Building" but did not require that such title
should be put in permanent form on that
Building.
Yours very truly,
WILL WILSON
Attorney General of Texas
By Qgh.$Ae@ t&&f&
'trouu
MJS:mm Assistant
APPROVED:
OPINION COMMITTEE
w. v. Geppert, Chairman
Morgan Nesbitt
Joe Allen Osborn
Bob Eric Shannon
REVIEWED FOR THE ATTORNEY GENERAL
BY: Leonard Passmore