i.~
-R-27
OFWICE OF
THE ATTORNEY GENERAL
PRICE DANIEL
ATTORNEYGENERAL
Jenuary 15, 1947
See V-206 for change in fact situation
Honorable Carlos C. Ashley, Chairman
State Board of Control
Austin, Texee Opinion MO. V-27
Re: Whether or not the amount
remaining In the Texas
Centennial Fund, is now
available to purchase the
Dear Mr. Ashley: Frenoh Embassy
Your request for an opinion upon the above sub-
jeot matter is 80 followsi
"The Eau&hters of the Republic of Texas
sponsoredRouse Bill Ho'.728, Acts of the
49th Leglslature,~whlchpurported to
authorize the purkhase of the French Embassy
Building and two and one-half acres out of
the Southeast part of Outlot Ao. 1 In Dlvl-
slon B, City of A-tin, Texas, and appro-
prlated all monies now in the Texas Centen-
nia1~CommlsslonFutids,if and when available,
to apply on the purahase price of this pro-
perty. There is now the sum of $24,256.16
remaining in the Texas Centennial Fund.
"Question: ~1s the $24,256.16 remain-
ing In-the Texae Centennial Fund n&
available to purchase the French Em-
bassy, and aan the State Comptroller
legally issue a warrant for that pur-
pose?
"Inaknuohas the Dsughters of the Re-
public of Texas desire to sponsor suoh remedial
legislationaa ia necessary, In the light of
your opinion In thls matter, and because the
Board of Control la the oustodlan of the title
of the French Embassy, if and when purohased, in
accordance with House Bill No. 728, we respect-
fully request your considerationof this matter
.,at your earliest convenlenoe."
..
Hon. Carlos C. Ashley - Page 2
This Department in Opinion 0-6222, addrear&
to Eon. Harley Sadler, House of Representatives,Au~~tia,
Texas, a copy of which opinion we hand you herewith, ad-
vises that the unexpendedbalance of the Congressional
appropriationfor the Texas Centennial could not be ap-
propriatedby the Legislature of Texas for the purpose
of purchasing the French Embassy except conditloned upon
Its release by Congress for that purpose.
We think the advice there given was oorreot an3
adhere to the opinion mentioned.
SUMMARY
The amount of money remelnlng in the
Cent&nnlal Fund is not available for ex-
penditure for the purohase of the Frenoh
EmbasiqrunderH.B. 728 of the 49th Legisla-
ture, unless and until the Congress has ap-
proved the approprlatlon.orIn some way re-
leased the fund to the State of Texas.
Yours very truly,,
ATTO~GRREIRALOFTEXAS
AssIstant
OS/am/lb
enol.
Approved ATTORl'EYOERERAL
Opinion ColPmlttee
BWB, Chairman