Hon. H. R. Nieman, Jr., Director Opinion No. M-780 

State Building Commission 

409 Sam Houston Building Re: Authority of the State 

Austin, Texas 78711 Building Commission to 

contract for equipment 

as a part of a modernization, remodeling or 

building construction 

Dear Mr. Nieman: project. 

Your request for an opinion asks the following question: 

"Does the State Building Commission have the 

authority to contract for equipment as part of a 

modernlzftion, remodeling or building construction 

project? 

The above question concerns a contract for %epair, remodeling 

work and provision of equipment" in the Capitol Building. 

Section 51-b of Article III of the Constitution of Texas 

in its relevant portion provides: 

"(c) Under such terms and conditions as are 

now or may be hereafter provided by law, the Commission may acquire necessary real and personal 

property, salvage and dispose of property unsuitable 

for State purposes, modernize, remodel, build and 

equip buildings for State purposes, and negotiate 

and make contracts necessary to carry o';t and effectuate the purposes herein mentioned. (Emphasis 

added.) 

Pursuant to these provisions of Section 51-b, the 

Legislature enacted Articles 678m and 678f, Vernon's Civil Statutes. 

Section 23 of Article 678m provides: 

"Sec. 23. When the Supreme Court of this 

State, the Court of Criminal Appeals, the offices 

of the Attorney General and the State's Attorney 

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Hon. H. R. Nieman, page 2 (M-780) 

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; provided, that office facilities which are substantially equal in quality and space shall 

be made available for individual members of 

the House of Representatives and shall be assigned among the members by lot, conducted as 

the House shall direct. The State Building 

Commission is hereby empowered and directed 

to allocate from the State Building Fund an 

amount sufficient to cover the cost of remodeling and repairing the State Capitol 

Building to provide the space made available 

under the authority of this section f$r the 

use and occupancy of the Legislature. 

In Attorney General's Opinion M-695 (1970) it was held: 

"On the basis of the preceding discussion, 

it is our opinion that the State Building Commission under the authority of the provisions 

of Section 51-b, Article III of the Constitution 

of Texas, Article 678m, Vernon's Civil Statutes, 

and Article b&13(32), Vernon's Civil Statutes, 

may contract directly with the Senate and House 

of Representatives to provide building repair 

and remodeling services. Moreover the Senate 

and House of Representatives is authorized to 

pay the State Building Commission for these 

services under the authority of Attorney General's 

Opinion c-78 (1963) upon vouchers drawn for this 

purpose by the Senate and House of Represtntatives 

payable to the State Building Commission. 

Your request states that the Comptroller of Public Accounts has some doubt as to whether the State Building Commission 

has the authority to equip buildings as a part of modernization 

and remodeling, as well as those newly constructed. 

Section 51-b of Article III of the Constitution of Texas 

specifically authorizes the State Building Commission to 'equip 

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. . 

Hon. H. R. Nieman, page 3 (M-780) 

buildings for State purposes' and to %ake contracts necessary 

to carry out and effectuate the purposes herein mentioned." 

Equipping buildings is not limited to new construction. The 

word 'equip" means to furnish for service or to supply with 

whatever is necessary to efficient action, and the word wequipment" includes furnishings. It is "elastic" In meaning. Black's 

Law Dictionary, Fourth Ed., p. 631, and cases cited; also Moon 

v. Alred, 277 S.W. 787 (Tex.Civ.App. 1925, error dism.). - 

Therefore, you are advised that the State Building Commission has the authority to contract for equipment as a part of a 

modernization, remodeling or building construction project. 

SUMMARY 

Pursuant to the provisions of Section 51-b 

of Article III of the Constitution of Texas and 

Article 67&n, Vernon's Civil Statutes, the State 

Building Commission has the authority to contract 

for equipment as a part of a modernization, remodeling or building construction project. 

Prepared by John Reeves 

Assistant Attorney General 

APPROVED: 

OPINION COMMI'll'~ 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Bill Corbusier 

Rex White 

Bob Davis 

Ivan Williams 

MEADE F. GRIFFIN 

Staff Legal Assistant 

NOLA WHITE 

First Assistant 

ALFRED WALKER 

Executive Assistant -3801-