November 26, 1958 i----...
4kd!..4
-.-"-.,,--
-_ _...-.-
Honorable Erice Daniel Opinion No. WW-526
Governor of Texas
Capitol Station Re: Is the Texas Employment
Austin, Texas Commission authorized to
purchase a tract of land
Mr. S. Perry Brown ,underSection 26 of the
Chairman and TexasUnemployment Com-
Executive Director pensation Act, or must
Texas Employment it be purchased by the
Commission Governor or with his ap-
Austin, Texas proval under~Article 5240,
Vernon's Civil Statutes?
Dear Governor Daniel and Colonel Brown:
Yo,uhave requested jointly an opinion on the
following question:
"Is the Commission authorized to purchase
this tract of land under Section 26 of the
Texas Unemployment Compensation Act or
must it be purchased by the Govcrnor or ~,
with his approval under Article 52407"
The facts upon which this question is based are
stated in your request as follows:
"Under authority of the above
statute, the Commission recently entered
into a contract for the purchase of ,ccr-
tain land in Beaumont, Texas, to hc used
as a site for the construction of a district
and local office building by the Commission.
After title had been approved by the:o;ficc
of the Attorney General, the Comptroller
declined to iesue a warrant in paymi:nt
of the purchase price of said land, until
further clarification of the following
paragraph from Attorney General's Opinion
No. WW-119 dated May 15, 1957:
. - ..
Honorable Price Daniel and Mr. S. Perry Brown,page 2 (WW-526)
"'Therefore, under Art. 5243,
V.C.S., the Employment Commission:may
select a site and negotiate with the
owner. However, the power to purchase
rests exclusively with the Governor and
the Employment Commission cannot bind
the State on any land purchase contract.'"
Subdivision (a) of Article 52215-9, Vernon's
Civil Statutes, provides as follows:
"(a) Duties and Powers of Com-
mission: It shall be the duty of the
Commiss~ionto administer this Act; and
it shall have power and authority to
adopt, amend, or rescind such rules and
regulations, to employ such persons, ,make
such expenditures, require such reports,
make such investigations, and take such
other action as it deems necessary or
suitable to that end. Such rules and
regulations shall be effective upon
publication In the manner, not incon-,
sistent with the provisions of this
Act, which the Commission shall pre-
scribe. . . . "(Emphasis added)
Article 5221b-22a, Vernon's Civil Statutes, es-
tablishing the "Unemployment Compensation Special Adminis-
tration Fund" provides as follows:
"There is hereby established as
a special fund, separate and apart from
all public moneys or funds of this State,
an Unemployment Compensation Special
Administration Fund which may be used
by the Commission for the purposes of
paying costs of the administration
of this Act includinp the costs of
construction and purchase of buildings
and land necessary in such administration. . . .'
(Emphasis added)
Article 5221b-9 prescribes the powers and duties
of the Commission, and Article 5221b-22a states the purposes
for which the Unemployment Compensation Special Administration
Fund may be expended. Among the duties of the Commission is
the administration of the Act, which includes the provisions
Honorable Price Daniel and Mr. S. Perry Brown,page 3. (Ww-526)
of Article 5221b-22a and to make such expenditures and to
take action as it'deems necessary to carry ol.lt
-,ke,fIc;--~t4.>:'.s
of the Commission. The Legislature, in Arti;:le5221&22a,
recognizes that one of the functions of the Commission is
the construction and purchase of buildings and land necessary
to the administration, and it states that money may be ex-
pended for the purchase of land and construction of buildings.
Therefore, you are advised that the Texas Employment Com-
mission is specifically authorized to purchase land.
Article 5240, Vernon's Civil Statutes, provides
as follows:
'When any land shall be required
by the State for any character of public
use, the Governor is authorized to pur-
chase said land, or the right to the use
thereof, for such purpose; or, failing to
agree with the owner on the price therefor,
such land may be condemned for such public
use in the name of this State. Upon the
direction of the Governor, proceedings
shall be instituted against the owner of
the land by the Attorney General or under
his direction by the district or county
attorney. Should the award of damages
in the opinion of the Governor be exces-
sive, such award shall not be paid but the
State shall pay the costs of thf:proceedings
and no further action shall be taken."
In construing the provisions of Article 5240,
this office held in Opinion WW-119 that under the language
of the hypothetical appropriation to the Texas Employment
Commission, the Governor is authorized to purchase land
for the headquarters of the Texas Employment Commission,
stating:
"There is nothing in the language
used in the above assumed appropriation
act which would indicate anything other than
that the land is to be acquired under the
general authority of Article 5240, V.C.S.
The word 'purchased' as used in the as-
sumed appropriation act is not a restriction
on the way the land should be acquired, but
merely indicates that the sum thus approp-
riated would be used to pay for the land
needed, whether the land is acquired through
voluntary or involuntary salt.
-._~
.,
. .
‘.
.
Honorable Price Daniel and Mr. S. Perry Brown,page 4.(wW-526)
"Therefore, under Art. 5240,
V.C.S., the Employment Commission may
select a site and negotiate with the owner.
However, the power to purchase rests ex-
clusively with the Governor and the Em-
ployment Commission cannot bind the State
on any land purchase contract." (Emphasis
added)
As pointed out above, the Texas Employment
Commission is authorized by the express provisions of
Article 522113-gand 5221b-22a, to purchase land.
Therefore, the power of the Commission to purchase
land under Article 5240, is not exclusive. You are I;:
therefore advised that the Commission is authorized to
purchase the tract:;ofland in question. Under the
provisions of Article 5221b-9 and~5221b-22a, such pur-
chase is not required to be approved by the Governor,
and Attorney General's Opinion No. m-119 is modified
accordingly.
SUMMARY
The Texas.,kmploymentCommission is authorized to per-
chase l&d under the provisions of Article 5221b-9
and ,,~'$$Z!'lb-22a,
which purchase need not be approved
by the Governor of Texas.
Yours very truly,
WILL WILSON
Attorney General of Texas
JR/jl/ci
~.~H o%t$&
APPROVED BY
OPINION ZOMMITTEE A@ John Reeves
Assistant
Gco. P. ?lackburn, Chairman
Arthur Sandlin
Wallace FinfroCk
REVIEWED FOR THE ATTORNEY GENERAL
BY:
W. V. Geppert