Honorable James D. Cole Opinion No. M-1234
State of Texas
House of Representatives Re: Whether the House Administration
Austin, Texas 78711 Committee may legally proceed
as authorized by H.S.R. No. 89,
62nd Legislature, 4th C.S.,
Dear Mr. Cole: 1972. -
Your request for an opinion reads as follows:
"During the 3rd Called Session of the 62nd
Legislature, the House of Representatives, on
July 7, 1972, adopted H.S.R. No. 89, the text of
which reads as follows:
"'BE IT RESOLVED by the House of Representa-
tives of the 62nd Legislature, 3rd Called Session,
That the House Administration Committee be au-
thorized to establish a fair market value by ap-
praisal, competitive bids, or through depreciated
value based on original cost, for chairs formerly
used at Members' desks on the Floor of the House
of Representatives, and offer each Member the op-
portunity to purchase one such chair at the time
he vacates his term of office.'
"Your opinion is respectfully requested as to
whether the House Administration Committee may
legally proceed as authorized by H.S.R. No. 89."
Section 3 of Article 666, Vernon's Civil Statutes (Sal-
vage and Surplus Act of 1957), provides in part:
"Sec. 3. As used in this Act:
11. . .
"(e) 'Surplus property' means any personal
property which is in excess of the needs of any
state agency and which is not required for its
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Hon. James D. Cole, page 2 (M-1234)
foreseeable needs. Surplus property may be used
or new, but possesses some usefulness for the pur-
pose for which it was intended or for some other
purpose."
Section 4 of Article 666 provides for the disposition
of surplus property as defined above.
The property described in H.S.R. No. 89, quoted in your
request, meets the definition of "surplus property" within the
meaning of Article 666.
In view of the provisions of Section 30 of Article III
of the Constitution of Texas, a statute cannot be amended by a
resolution. Attorney General's Opinion WW-345 (1958) and au-
thorities cited therein.
It is our opinion that H.S.R. No. 89 of the Third Called
Session of the 62nd Legislature constitutes an attempt to amend
Article 666 insofar as it applies to State property described in
the resolution. Therefore you are advised that the House Adminis-
tration Committee may not proceed as authorized by H.S.R. No. 89
without first amending the general law authorizing the disposition
of the property described in the resolution.
SUMMARY
H.S.R. No. 89, providing that the House Ad-
ministration Committee be authorized to establish
a fair market value by appraisal, competitive bids,
or through depreciated value based on original
cost, for chairs formerly used at Members' desks
on the Floor of the House of Representatives, and
offer each Member the opportunity to purchase one
such chair at the time he vacates his term of office,
constitutes an attempt to amend Article 666, Vernon's
Civil Statutes, providing the method of disposing
of personal property belonging to the State. The
House Administration Committee may not legally pro-
ceed to dispose of such property in the manner au-
thorized by H.S.R. No. 89 without first amending
the general law. A
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//
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Hon. James D. Cole, page 3 (M-1234)
Prepared by John Reeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Lewis Jones
Bill Craig
Roland Carlson
John Banks
SAMUEL D. MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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