THEA ORNEY GENERAL 

OFTEXAS 

AUS-lTN 11. TEXAS 

W'ILL WILSON 

AX-l-GRNEYGENERAL July 24, 1962 

Mr. R. L. Coffman 

Administrator 

Opinion No. 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 construct parking facilities on certain real estate 

Dear Mr. Coffman: without further legislation. 

You have requested an opinion from this office upon the 

question of whether 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 certain unexpended funds to construct 

parking facilities on certain real estate without the necessity 

of further legislation. 

Senate Bill 28 provides in Section 1 that: 

"All funds heretofore appropriated to the 

Texas Employment Commission out of amounts credited to this state's account in the Federal Unemployment Trust Fund under Section 903 of the 

Social Security Act 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 office building, includina aarking space 

and facilities, built-in equipment and furnishing; and in addition thereto there is hereby appropriated from the same account, subject to the 

same conditions applicable to appropriations heretofore made therefrom, the additional sum of Seven 

Hundred Thousand Dollars ($70@,000.00) to accomplish such purposes.*' (Emphasis added) 
Mr. R. L. Coffman, page 2 (W-1392) 

Senate Bill 1, the General Appropriations Bill for the 

current biennium, provides in the departmental appropriation to 

the Texas Employment Commission that: 

"any unextended balances in the amounts heretofore 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 Emplovment Commission, out of amounts credited to this State's 

account in the Federal Unemployment Trust Fund under 

Section 903 of the Social Security Act as of August 

31, 1961, are herebv reanarovriated for the sam vur 

oases for the biennium beginning September 1, leg61 

and the Texas Employment Commission is authorized 

pay all claims against the prior appropriations of 

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 the words 

of the caption of the bill, an L1. . . Act to expedite the building program of the Texas Employment Commission by re-allocating 

funds heretofore appropriated, . . .I* In Senate Bill 28 the 

Legislature authorized the use of the funds specified therein by 

the Texas Employment Commission for the purchase of land, the 

construction of an office building, built-in equipment and furnishings, and parking space and facilities. 

After the passage of Senate Bill 28 by the 55th Legislature, the 56th Legislature subsequently enacted House Bill 4, 

Acts of the 56th Legislature, 1959, Third Called Session, chapter 

23, page 442, the General Appropriations Bill, and in the departmental appropriation to the Texas Employment Commission is found 

the following provision: 

headquarters office building, including equipment and 

furnishing for the Texas Employment Commission, out 

of amounts credited to this State's account in the 
Mr. R. L. Coffman, page 3 (W-1392) 

Federal Unemployment Trust Fund under Section 903 

of the Social Security Act as of August 31, 1959, 

are herebv reanvrooriated for the same vurooses 

for the biennium beginning September 1, 1959." 

(Emphasis added) 

In the General Appropriations Bill 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 reference made 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 "parking facilities" in the 

phrase found in both House Bill 4 and Senate Bill 1, (I. . . for 

the purchase of land for the construction of a State headquarters office building, including equipment and furnishings for 

the Texas Employment Commission. . . .'I does not constitute a 

restriction upon these funds being used to construct parking 

facilities, but rather that this phrase found in House Bill 4 

and Senate Bill 1 is merely a descriptive phrase further identifying Senate Bill 28. Such being the case the provisions of 

Senate Bill 28 control as to the authorized purposes for expenditure of these funds. 

This is further borne out by the fact that the Legislature specified in Senate Bill 28 the general purposes 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 equipping have been accomplished. While there remains an 

unexpended balance in the initial appropriation, which has twice 

been reappropriated by the Legislature to the Texas Employment 

Commission, there remains of the initial general purposes set 

',;rF in Senate Bill 28, only the construction of parking facili- 

. 

It would logically follow and we are of the opinion 

that the Legislature, by periodically reappropriating the unexpended fund, is continuing to make the unexpended funds available 

for such purposes as the construction of parking facilities, and 

further legislation is unnecessary for the construction of 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 facilities and 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 

J&k 

Pat Bailey 

Assistant 

% 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore