Hon. Dorsey B. Hardeman, Chairman

Finance Committee State Senate Austin, Texas OpinionNo. C-395
Re: Validity of an appropriation out of general revenue to the Dear Senator Hardeman: Panhandle-PlainsMuseum.

Your request for an opinion reads as follows: "The Senate Finance Sub-committeehas directedme to request an opinion on the matter of whether fundsappropriated out of General Revenue may be used for the construction of an annex or addition to the PanhandlePlains Museum is a valid appropriation, in view of the College Building Fund established originally in 1947 and subsequentlyamended.
"Your early consideration of this important question will be greatly appreciated, as the Committee is in the process of finalizing the Sub-committee report." Section 

### 17 ofArticle VII of the Constitution of Texas prohibits the use of "anyGeneral Revenue funds for the acquiring or constructing of buildings or other permanent improvements"by designated institutions of higher learning. West Texas StateUniversity at Canyon is a designated institution of higher learning specified in Section 17 of Article VII of the Constitution of Texas. Therefore,your question involves whether an appropriation for the construction of an annex or addition to the Panhandle-PlainsMuseum constitutesan appropriation to a designated institutionof higher learning for the acquiring or constructing of buildings or other permanent improvements.

The GeneralAppropriation Act of the 42nd Legislature for the biennium endingAugust 

### 31, 1933, contained the following item of appropriation to West Texas StateTeachers College, Canyon

-1860-Hon. Dorsey B. Hardernan, page 2 (C-395)

(nowWest Texas StateUniversity at Canyon):
"For one unit of library and museum buildingprovided, however, this appropriationwill be available only in the event the sum of $25,OOO.OO is raised by private subscriptionand depositedwith the Board of Control for thepurpose of supplementingthis fund, and to be paid out on order of the Board of Control.................... 25,OOO.OO~
Pursuant to the conditions contained in the above-quoted item of appropriation,The Panhandle-PlainsHistorical Society raisedby popular subscription $25,OOO.OOand deposited said sum with the Board of Control of the State of Texas, and on August 

### 8, 1932, entered into an agreementwith the State of Texas whereby therewould be constructed the building in question. Paragraphs I and II of the agreement read as follows:
"I Title and ownership of the building so to be constructed shall forever remain in theState of Texas.
"II The use and occupancy of the building shall bemade by The Panhandle-PlainsHistorical Society, subject to the reasonable rulesand regulations as may be hereafterpromulgated by the Board of Regents of the State Teachers Colleges of the State of Texas or any otheradministrative board acting for or on behalf of the State of Texas as may succeed to or hereafter exercise like administrative functions or similar theretoas is now being exercisedby the Board of Regents of the Teachers Colleges of the State of Texas, in accordance with law, such regulationsalways to safeguard unto The Panhandle-PlainsHistorical Society the reasonableuse and occupancy of said building for the purpose of housing its collectionas it now exists and as hereafter augmentedand for thepurpose of carrying the activities of The Panhandle-Plains HistoricalSociety in conformity to and in consonance with its charteredpurposes."

-1861-Hon. Dorsey B. Hardeman,page 3.(C-395)

The current GeneralAppropriationAct contains the following appropriation:

"PANHANDLE-PLAINSHISTORICALMUSEUM (Administeredby West Texas StateUniversity)
For theYears Ending August 31, 1964 August 31, 1965 General Operating Expenses, Including Salaries and Wages $ For the construction of a memorial Museum Building, the purchase of display cases and other equipment and materials in connection with the constructionand completion of such building; providing that none of the funds appropriated in Item 2 shall be used for repairs or rehabilitation of present structures 40,000 $ 40,000

10,000 25,000 & U.B. Total, Panhandle-Plains I

HlstorlcalMuseum 8 65,000 50,000"

,, In view of the foregoing, it is our opinion that the Panhandle-PlainsMuseum constitutesan entity separateand apart from the West Texas State University at Canyon. The title and ownership of theproperty is in the State of Texas. The Board of Regents of the State Teachers Colleges of the State of Texas acts merely as an administrativeagent of theMuseum for the State of Texas and the Legislaturehas so treated theMuseum since its inception. It is therefore our opinion that Section 17 of Article VII of the Constitution of Texas does not apply to appropriations made to the "Panhandle-PlainsMuseum." You are therefore advised that an appropriation to the Panhandle-PlainsMuseum out ofGeneral Revenue, for the construction of an annex or addition to the Panhandle-PlainsMuseum building,would be a valid approp~riati~on. SUMMARY The Panhandle-PlainsMuseum constitutes an entity separate and apart fromWest Texas

-1862-Hon. Dorsey B. Hardeman,page 4 (C-395)

State University at Canyon, and an appropriation to the Panhandle-PlainsMuseum out of the General Revenue Fund for the construction of an annex or addition to the Panhandle-PlainsMuseum building would be a valid appropriation, since Section 17 ofArticle VII of the Constitution of Texas is not ,1 applicable to such appropriation.
Yours very truly, WAGGONER CARR Attorney General

By/$ /%% John Reeves Assistant JR:ms APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman ~J.: C. Davis Roy B. Johnson CarlosVela ~k,~Milton

Richardson Linward Shivers APPROVED FOR THE ATTORNEY GENERAL By: ,' Stanton Stone

-1863-