## THEA ORNEY GENERAL OFTEXAS

AUS-lTN 11. TEXAS

W'ILL WILSON **AX-l-GRNEYGENERAL** July 24, 1962

Mr. R. L. Coffman Administrator OpinionNo. wlnl-1392

Texas Employment Commission Re: Whether the Texas Employment Austin, Texas Commission is empowered by Senate Bill 1, Acts of the 57th Legislature,First Called Session, 1961, chapter 62, page 287, and Senate Bill 28, Acts of the 55th Legislature, First Called Session, 

### 1957,chapter 

### 27,page 

### 77, to use the unexpended funds to constructparking facilities on certainreal estate Dear Mr. Coffman: without further legislation.

You have requested an opinion from this office upon the question ofwhether the Texas Employment Commission is empowered by the provisions of Senate Bill 1, Acts of the 57th Legislature, First Called Session, 1961, chapter 

### 62, page 287, and Senate Bill 28, Acts of the 55th Legislature,First Called Session, 

### 1957, chapter 27, page 

### 77,to use certainunexpended funds to construct parking facilities on certainreal estatewithout the necessity of further legislation.

Senate Bill 28 provides in Section 1 that:
"All funds heretofore appropriated to the Texas Employment Commissionout of amounts credited to this state'saccount in the Federal Unemployment Trust Fund under Section 903 of the Social SecurityAct for the purchase of land and construction of buildings are hereby authorized to be used in the purchase of land and construction of a Texas Employment Commission State Headquarters officebuilding, includina aarking space and facilities,built-in equipmentand furnishing; and in addition thereto there is hereby appropriated from the same account, subject to the same conditionsapplicable to appropriationsheretoforemade therefrom, the additional sum of Seven Hundred Thousand Dollars ($70@,000.00)to accomplish such purposes.*' (Emphasisadded)Mr. R. L. Coffman, page 2 (W-1392)

Senate Bill 1, the GeneralAppropriationsBill for the currentbiennium, provides 

### in the departmentalappropriation to the Texas Employment Commission that:

"anyunextended balances in the amountsheretofore aonropriated in House Bill 

### No.133,Chapter 385, Acts, Fifty-fifth Legislature,Regular Session, 

### 1957,and in Senate Bill No, 28. Chaoter 27 Acts Fifty-fifth Legislature.First Called Sessio;, h,pTi2 and in House Bill No. 4 Chapter 23, Acts, Fift$-Sixth~Legislature Thirb Called Session 

### 1959, for the ourchase of 1anA for the ConstrUCtiOn'Of

### a State headcuarters office buildins.. includinrz:

eauiument and furnishinss for the Texas

### EmplovmentCommission, out of amounts credited to this State's account in the FederalUnemploymentTrust Fund under Section 

### 903 of the Social SecurityAct as of August 

### 31, 1961, are herebv reanarovriatedfor the sam vur oases for the biennium beginning September 1, leg61 and the Texas Employment Commission is authorized pay all claims against the prior appropriationsof funds which are now barred or may be barred by the operation of Article 

### 4357,Revised Civil Statutes." (Emphasis

### added)

I Senate Bill 28, quoted heretofore was, in thewords of the caption of the bill, an L1.

. . Act to expedite the building program of the TexasEmployment Commissionby re-allocating funds heretofore appropriated,

. . .I* In Senate Bill 28 the Legislatureauthorized the use of the funds specified thereinby the Texas Employment Commissionfor the purchase of land, the construction of an officebuilding,built-in equipment and furnishings, and parking space and facilities.

After the passage of Senate Bill 28 by the 55th Legislature, the 

### 56thLegislature subsequentlyenacted House Bill 4, Acts of the 56th Legislature,

### 1959,Third Called Session, chapter 23, page 

### 442, the GeneralAppropriations Bill, and in the departmental appropriation to the TexasEmployment Commission is found the following provision:

headquarters office building, including equipmentand furnishing for the TexasEmployment Commission,out of amounts credited to this State's account in theMr. R. L. Coffman,page 

### 3 (W-1392)

Federal Unemployment Trust Fund under Section 903 of the Social SecurityAct as of August 

### 31,1959, are herebv reanvrooriatedfor the same vurooses for the biennium beginning September 1, 

### 1959." (Emphasis

### added)

In the GeneralAppropriationsBill for the current biennium, Senate Bill 1, the pertinent portion being set forth heretofore, the 57th Legislature once again reappropriated the unexpended balance of the funds appropriated in Senate Bill 28 in almost the identical language used in House Bill 4.

While in House Bill 4 and Senate Bill 1 there is no express referencemade to the use of the unexpended funds for the construction of parking facilities,we are of the opinion that the omission of a reference to "parkingfacilities" in the phrase found in both House Bill 4 and Senate Bill 1, (I.

. . for the purchase of land for the construction of a Stateheadquarters office building, including equipmentand furnishings for the Texas Employment Commission.

. . .'I does not constitutea restriction upon these funds being used to construct parking facilities, but rather that this phrase found in House Bill 4 and SenateBill 1 is merely a descriptivephrase further identifying Senate Bill 28. Such being the case the provisionsof Senate Bill 28 controlas to the authorizedpurposes for expenditure of these funds.

This is further borne out by the fact that the Legislature specified in Senate Bill 28 the generalpurposes for which certain appropriations to the Texas Employment Commission could be expended, and of these general purposes the purchase of the land, the erection of the building, and its furnishing and equippinghave been accomplished. While there remains an unexpended balance in the initial appropriation,which has twice been reappropriatedby the Legislature to the TexasEmployment Commission, there remains of the initial general purposes set ',;rF in Senate Bill 28, only the constructionof parking facili-

. Itwould logically follow and we are of the opinion that the Legislature,by periodicallyreappropriating the unexpended fund, is continuing to make the unexpendedfunds available for such purposes as the construction of parking facilities, and further legislation is unnecessary for the constructionof such parking facilities.Mr. R. L. Coffman,page 4 (WW-1392)

SUMMARY

The Texas Employment Commission is empowered by virtue of Senate Bill 1, Actsof the 57th Legislature First Called Session, 1961, Chapter 

### 62, page 287, and Senate Bill 28, Acts of the 55th Legislature,First Called Session, 1957, Chapter 27, page 77, to use certain unexpended funds appropriated to the Texas Employment Commission to construct parking facilitiesand without the necessity of further legislation at this time.

Yours very truly,

WILL WILSON Attorney General of Texas

PB:wb
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman Frank Booth Charles Lind wooarow Curtis Robert Lewis 

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Pat Bailey Assistant

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REVIEWED FOR THEATTORNEY GENERAL

BY: Leonard Passmore