Hon. R. C. Lannlng, Chairman
State Board of Control
Austin, Texas Opinion No. V-1269.
Re: Whether the State Board
of Control may process
requisitions for expend-
iture of State funds to
operate existing air con-
ditioning units in view
of H.C.R. 38, 52nd Leg.,
Dear Sir: 1951.
Your request for an opinion reads In part:
“We would appreciate receiving an opin-
ion of your office regarding the first re-
solve section of H.C.R. 38, Fifty-second
Legislature of Texas, which ia quoted as
follows :
“tResolved by the House of Represent-
atives, the Senate of Texas concurring,
That the policy of the State of Texas Is
not to permit the use of State fund8 for
air conditioning State buildings, except
new construction, or for the uurchase of
room air conditioning machlneryor units;
. . .I
“There are, at present, rtany small air
conditioning units belonging to and being
operated by many State Departments. The
Tribune Building is entirely air conditioned;
the Highway Building was completely air con-
ditioned in 1950.
“There are many departments of the State
that use large exhaust fans to Increase the
air changes within the rooms.
“The Board of Control has several re-
queets for the purchase OS repairs to air
Hon. R. C. Lannlng, Page 2 (Y-1269), ,’
conditioning systems and for the purcbas-
lng and Installing of large exhaust fans.
*Your opinion on the foIlowIng ques-
tions 1s necessary so that the Board of
Control may proceed legally with process-
ing of these requisitions:
“1. Can State funds be used to op-
W&8 now existing air conditioning units?
‘2. Can State fundsbe used for re-
palring or the purchase of replacement
parts of now existing air conditioning
units?
“3. Can State funds be used for the
transferring and reinstalling of now exlst-
lng air conditioning units from one room to
another or from one building to another,
all wlthln the same department?
“4. Is a large fan, used for the pur- ’
pwe of exhausting air from a room or for
the circulation of air within a room, con-
sidered an air conditioning unit?”
The preamble of House Concurrent Resolution
38, Fifty-second Legislature, 1951, IS pertinent to
your requeat:
“whereas, Numerous budget requests have
been presented to the Leglalature Sor the
appropriation of funds for air conditioning
State buildings and for the purchase of air
conditioning wichlnery and room air condl-
tlonlng units . . .
“Whereas, The Legislature finds that
the State Board of Control has on many oc-
aarlons In the past been requested to ap-
prove purahases of such items from appro-
prlatod State funds; and
“Whereas, The Legislature ilads that
lt.ls economically unsound to air condition
State buildings, except new construction,
or to purchase room air condltlonlq machln-
ery or unlts for use therein; . y .
Hon. R. C. Lannlng, Page 3 (v-1269)
This resolution was subsequently amended
by House Concurrent Resolution 187, so as to exeTt
"equipment for laboratory and sclentlflc purposes
from Its application.
The first question to be considered Is the
weight and effect to be given a concurrent reaolu-
tlon. "Resolutions are less formal than bills and
therefore are ~&less authoritative expression of the
leglslatlve action." 2 Sutherland on Statutory Con-
struction (3rd Ed. 1943) 260. A concurrent resolution
la one which has the approval of both house?,of the
Legislature and, before It becomes effective, must be
signed by the Governor. Tex. Const. Art. IV, Sec. 15.
It is a form of expreaslon, of temporary effect, by
which a lealalatlve bodr may state Its opinion or will
respecting-a given sub&t.- Conleg v. Uhited Daugh-
ters of the Confederacy 164 S W 24 (Tex. Cl .
1913. error ref.). But'lt Is iot, for most p~po~~s,
a laiv.
Section 30 of Artfcle III of the Constltu-
tlon of Texas provides, In part: "No law shall be
passed, except by bill, . . ." Pursuant to this man-
date, It has been held repeatedly that a duly enacted
statute cannot be amended or repealed by a resolution.
, 89 Tex. 79, 33 S.W.
9 S.W.2d 672 (Tex.
Pea v. Cole, 129 Tex.
thl k It is evi-
h:ti 38 ?an have no
effect upon any existing statutory provlslons or ex-
press appropriations which authorize purchase of air
conditioning units for State buildings.
Although a resolution Is not, strictly speak-
ing, a law, It may for some purposes have the same
binding effect. Sections 30 and 38 of Article III and
Section 15 of Article IV of the Conatftutlon of Texas
recognize the right of the Legislature to express Its
will in the form of a resolution. Conley v. United
Daughters of the Confederacy 9 aupr;. The Legislature
may by resolution direct the expen lture of duly aP-
proprlated State funds. Terre11 v. RI 118 Tex.
237, 14 S.W.2d 786 (1929). Therefore,? tate agencies
must obey the mandate af House Concurrent Resolution
38 where the statutes are silent as to the expenditure
of funds for air conditioning.
Hon. R. C. 'tinning, Page 4 (V-1269)
Section 37 of the general provisions of
Article V, House Bill 426, the general appropriation
bill for the biennium ending August 31, 1953, sets
forth the conditions under which institutions of hlgh-
er education may spend funds for air conditioning. In
effect, the tenor of this section Is almost Identical
with that of t&e provisions of House Concurrent Reso-
lutloti 38 and House Concurrent Resolution 187. The
colleges and universities are forbidden to spend appro-
priated funds "for the purchase of new or additional
air conditioning or refrigerating equipment for any
purpose except food preservation, laboratory or aaX-
entlflc purposes, hospitals and replacement parts
In existing 1n8ta11at1on8." Thus, the purchase and
installation of air conditioning equipment by State
higher educational Institutions Is restricted by the
appropriation bill In a manner consistent with the
policy declared In House Concurrent Resolution 38.
These Institutions may not, with certain exceptions,
purchase new equipment, but they.may maintain and re-
place the parts of Installations already in use.
When its meaning is clear and its language
unambiguous, a statute will be given effect in strict
accordance with Its terms. But if the language of
the law Is not free from ambiguity and a question
arises as to its effect upon any particular situation,
we may interpret Its provisions and look beyond Its
language, being aided by the canons of construction.
Railroad Commission v. Texas & N.O. Ry., 42 S.W.2d
(Tex. Clv. App. 1931 error ref.). The general
rules governing the 1nter;iretatlon of statutes are
likewise app&lc.able to resolzutlons. 2 Suthetiland on
Statutory Construction 262. Ambiguous language.should
be construed so as to produce a reasonable result, in
accord.wlth the general purpose of the resolution.
The resolution should be read as a whole and Its ar-
rangement taken into consideration, each part being
harmonized with all the others. Railroad Commission
v. Texas & N.O. Ry., supra.
The motivds prompting the Legislature t6 pass
House Concurrent Reeolutlon 38 are stated in the pre-
amble quoted above. Numerous requests were made to the
Legislature for the appropriation of funds "for air
conditioning State buildings and for the purchase of
air co~dltlonlng machinery and room air condltlonln$
units. The Board of Control was frequently asked to
approve purchasesof such Items." The preamble further
Hon. R. C. Lannlng, Page 5 (v-1269)
states that "The Legislature finds that It Is eco-
nomlcally unsound to air condition State bplldlngs,
except new construction, or to purchase room $r con-
ditioning machinery or units for use therein.
Commonly used words and phrases, when con-
tained In an expression of the Legislature, have their
ordinary meaning unless there Is an obvious necessity
for adopting another definition. 'Art. 10, par. 1,
V.C.S.
Webster's New International Dictionary (2nd
Ed. 1938) defines "air conditioning" as 'a process of
washing, humidifying, and dehumldifylng air before It
enters a room, hall, or building. An air conditioned
office has been judicially described as one which Is
rendered reasonably comfortabPe during hot weather& to
the extent usually experienced in "air condltloned
hotels, offices, and other bulldlngs. Magee Laund
& CPeaners v. Harwell Appliance Co., 155 So. 5'(1 (
. . i dltlonlng unit" may be
d%lned as an ~~&",~usau~e~o~o reduce the temperature
and affect the humidity of the air in an enclosed space.
Generally speaking, "to alr condition" means
to Install air condltlonlng machinery. The connotation
la that a building, not presently equipped with such
machinery, Is to have It Installed. Thus,when the
resolution recites that the Leglslature was requested
to appropriate State funds "for air conditioning State
buildings," It refers to requests for funds to pur-
chase and install. alr condltlonlng equipment and units
rather than the operation of existing lnstallatlons
and units. The Legislature obvloasly knew many State
agencies already bad afr conditioners In operation.
It could have expPlcltly directed that these no longer
be operated. W@ therefore believe It manifest that
the Legislature, In announ- a policy against "air
condltlonlng State buildings, Intended to prohibit
the purchase and installation of new equipment, not to
discontinue the operation of existing lnstallatlons.
We answer your first and second questions In the af-
firmative.
There ape numerous alr conditlonlng units
fn use throughout the Capitol and other state office
buildings. The 'rrlbune Building and the.State Highway
Building are both air conditioned. This equipment had
been lnstalll8d before the 52nd Eeglalature convened
Hon. R. C. Lannlng, Page 6 (V-1269)
and was put Into constant use before It adjourned.
The Treasury Department maintains air conditioning
Installations In Its extensive vaults beneath the
Capitol. Under normal conditions the atmosphere In
these vaults would be unduly moist, thereby causing
the rapid decomposition of the bonds and other val-
uable papers stored there , as well as endangering the "
health of the employees who care for them. To dis-
continue the use of this equipment would necessitate
Its abandonment or disposal, which could result in a
waste of State property. We cannot ascribe to the
Legislature an Intent to effect a result so unreason-
abie. Lacy v. State,Banking Board, 1.18 Tex. 91, 11
S.W.2d -'@b (lo " Y) " t t be presumed that the Leg-
lslature did & intendm?o work undue hardship or In-
convenience upon those affected by the resolution, In
the absence of clear and explicit language to the con-
trary. National Sure rporatlon v: Gdd, 131 Tex.
295, 115 S.W.2d 600 ( .
Havingconcluded that air conditioning units
already in operation may continue to be operated, re-
palred,~ and maIntaInedi we turn to your question with
respect to whether an agency having units In operation
at one place may move them to another. What we have
said respecting the economic aspect of abandoning
units already on hand has equal application here. : It
Is our opinion that the authority to operate and maln-
taln these units must embrace the authorlty,to con-
tinue their operation at the changed location of the
agency. The cost of relnstallatlon Is a necessary
Incident to the yairitenance of the equipment. To hold
otherwise would be ,to require an lnefflcdent.fallure
to utilize existing State property, and we cannot so
construe the resolution in the absence of express lan-
zuaemanlfestlng this to be the intent of the Legls-
. Your third question Is answered affirmatively.
A fan Is a device designed to circulate alr \
rather than reduce It temperature. The difference
between a fan or an exL ust fan and an air condltlon-
lng unit is, In our op9nlon a matter of common knowl-
edge, and we must conclude Chat the Legislature used
the term "air condition" in Its ordinarily accepted
sense. Therefore, we do not believe that a fan, wheth-
er designed to exhaust air or to circulate air, Is an
air conditioning unit within the provlslo,ns of House
Concurrent Resolution 38. This answers your fourth
question.
EIO~. R. c. L~MI~$, page 7 (v-1269)
SUMMARY
House Concurren!k Resolution 38; 52nd ’
Leg+, 1951, prohibits the purchase and in-
stallation of air condltion9ng.equlpment
for use in State buildings; except new con-
struction, unless a specifld appropriation
is made thereror. An ordinary air circu:
latlng or exhaust ran ts not an “air con-
ditioning unit” uPthin the terms of the
resslutlcn. State funds may be used:to
operate, maintain, transfer, and reInstaIl
aPr conditioning equipment presently in
use by State departments.
APPROVED: Yours very truly,!
.
David B. Irons PRICE DANIEL
Administrative Assistant Attorney General
Everett Hutchlnson
Executitve Assistant
Price Daniel -Calvin B. Qarwood, Jr. :
Attorney General Assistant
CBQtem
Untitled Texas Attorney General Opinion
Combined Opinion