The Honorable Joe Allen, Chairman Opinion No. H- 184
Committee on House Administration
House of Representatives Re: Obligation of House of
Austin, Texas Representatives to
furnish space to members
of the press.
Dear Representative Allen:
On behalf of the Committee on House Administration you have
asked us several questions bearing upon the use of space in the Capitol
building by members of the media. Specifically, your questions are:
“1. What obligation does the House of Representatives have
with regard to providing rent free space to members of the
media in the Capitol Building?
“2. Are there any precedents in other states law or federal
law regarding providing space to members of the media?
“3. If space is provided to some members of the media, does
the House of Representatives have an obligation,to provide
space to all legitimate members of the media?.
“4. If the House of Representatives does not have to provide
space to all members of the media, what means should be
used to differentiate between members of the media? ”
In 1954 the Constitution of Texas was amended by the addition of
5 51-b of Article 3 which provides for the creation of the State Building
Commission and the State Building Fund. It provides that the Commission
shall have broad powers over the acquisition and disposition of property
to be used for state offices. It provides that the first building to be
p. 854
The Honorable Joe Allen, page 2 (H-184)
built out of the Fund is one to be devoted to the use and occupancy of
the Supreme Court and such other courts and agencies as may be
provided by law.
Pursuant to the mandate contained in this amendment, the
Legislature adopted Article 678m, V. T. C, S. It provides in its § 23:
“When the Supreme Court of this State, the Court
of Criminal Appeals, the offices of the Attorney General
and the State’s Attorney and the Supreme Court Library
shall have moved from the State Capitol Building, the
Board of Control is directed to make available for the
use and occupancy of the Legislature such offices and
committee rooms as the Legislature shall consider
necessary and appropriate for the efficient conduct of
the affairs of the House of Representatives and the
Senate; . . . :’
The functions and duties of the Board of Control are covered
by Title 20 of the Texas Statutes. Chapter 4 has to do with the public
buildings and grounds division. Article 665 provides:
“The State Board of Control shall have charge and
control of all public buildings, grounds and property of
the State, and is the Custodian of all public personal
property, and is charged with the responsibility to pro-
perly care for and protect such property from damage,
intrusion or improper usage, . . . . And the Board shall
be authorized to provide for the allocation of space in
any of the public buildings to the departments of the
State Government and for the uses authorized by law to
have an occupied space in the State buildings, . . . .
Said Board of Control shall remove all occupants of all
committee rooms in the Capitol, keep them free for
Legislative work. Provided, however, that the alloc-
ation of any space affecting the quarters of either
House of the Legislature, must have the approval of
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The Honorable Joe Allen, Rage 3 (H-184)
the Speaker of the House of Representatives or the
Lieutenant Governor, the approval being for the quarters
allocated to the particular House affected. ”
Article 667 provides:
“The Board [of Control], during the recess of the
Legislature, shall have charge and control of the halls,
chambers, and committee rooms of the State Capitol Build-
ing except as hereinafter provided. B&re the assembling
of each session of the Legislature, the Board shallprepare
the different rooms for the use of the Legislature.”
As we construe this statntory history, the Board of Control has been
authorized by the Legislature to allocate space in the Capitol Building. A
purely technical answer to your first question, therefore, would be that the
House of Representatives has no obligation to provide space to the members
of the media in the Capitol Building. However, we would call to your atten-
tion the fact that, despite a delegation of these various powers to the Board
of Control, nevertheless, the Legislature may exercise such powers as it
will; provided it does not act contrary to the provisions of $ 51-b of Article
3 or other provisions of the Constitution. Thus, for instance, inconley v.
Texas Division of the United Daughters of the Confederacy, l&SW. 24
(Tex. Civ. App., Austin, 1913, err. ref’d.) it was held that, notwithstanding
the fact that the superintendent of public buildings and grounds had been
given authority to take charge and control of all public buildings, the Legis-
lature retained the right to designate and set apart rooms in the Capitol for
purposes it deemed proper.
Therefore, while neither the Legislature nor the Board of Control is
under obligation to allocate space to members of the media in the Capitol
Building, free or otherwise, they may do so. Also, in the absence of
legislation authorizing the collection of rent, no rental may be charged for
space made available to members of the media or to others in state buildings.
Tarrant County v. Ratikan Title Company, ,199 S. W.’ 2d 269 (Tex. Civ.App.,
Ft. Worth, 1947, no writ).
p. 856
The Honorable Joe Allen, page 4 (H-184)
We do not see that the furnishing of free space to the media
for proper media purposes in the Capitol Building would run contrary
to Article 3, $51 of the Constitution which provides that the Legislature
may not make any grant of public moneys to any individual. The
provision does not prohibit the use of public funds or properties
for public purposes, even though a private agency is used to achieve
the purpose. Friedman v. American Surety Company of New York,
151 S. W. 2d 570 (Tex. 1941); Davis V. City of Lubbock, 326 S. W. 2d
699 (Tex. 1959); Bexar County Hospital District v. Crosby, 327 S. W.
2d 445 (Tex. 1959); State v. City of Austin, 331 S. W. 2d 737 (Tex.
1960); Bullock v. Calvert, 480 S. W. 2d 367 (Tex. 1972); Attorney
General Letter Advisory No. 6 (1973) and authorities there citied.
One substantial public purpose furthered in the provision of space to
the media is the public purpose advanced in the enactment of the
Open Meetings Law (Article 6252-17, amended Acts 1973, 63rd. Leg.,
ch. 31, p. 45) “of assuring that the public has the opportunity to be
informed concerning the transactions of public business. ” Toyah
Independent School District. ‘cr. Pecos - Baistow Independent School
District, ‘466 S. W. 2d 377 .(Tex. Civ. App. , San Antonio, 1971, no writ).
Our answer to your first question therefore is that the House
of Representatives has no constitutional or statutory obligation to
provide rent free space to members of the media in the Capitol
Building but that, consistent with our traditional notions of open
government and the need for an informed citizenry, and consistent
with the purposes of the Gpen Meetings Law, the House and/or
the Board of Control are amply justified in making a reasonable
amount of space available for proper media purposes. And see
Article 3. $16, and Article 1, $8, Constitution of Texas,
To your second question we would add that we have found no
specific statutes or cases in the law of other states or the United
States with would have any precise bearing upon our answers to
your questions. Of course, the laws of all of our states and of
the nation encourage a diligent press and an informed citizenry.
p. a57
The Honorable Joe Allen, page 5 (H-184)
Your third and fourth questions ask whether the House has an obli-
gation to provide space to all legitimate members of the media and, if it
does not, what means should be used to differentiate between members of
the media.
Assuming that the space provided to the members of the media is
insufficient to meet the needs of “all legitimate members of the media, ”
it is our opinion that the House of Representatives or whoever else allocates
the space, may do so in one of several ways, the only requirements being
that the classifications of those who are to have space and those who are not
must be reasonable and must not be based upon any unconstitutional discrimi-
nation.
SUMMARY
Neither the House of Representatives nor the Board
of Control is under any constitutional or statutory obligation
to furnish rent free space to members of the media in the
State Capitol Building. However, they may provides space
for the proper public purpose of keeping the people informed.
If such space is provided, it must be provided either to all
legitimate members of the .media or allocated upon a reason-
able basis which does not unconstitutionaly discriminate in
determining who shall and who shall not be afforded space.
Attorney General of Texas
DAVID M. KENDALL, Chairman
Opinion Committee
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