Hon. H. R. Nieman, Jr., Director OpinionNo. 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 Commissionhave 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 CapitolBuilding.

Section 51-b of Article III of the Constitution of Texas in its relevant portion provides:

"(c) Under such terms and conditionsas are now ormay be hereafter provided by law, the Commission may acquire necessaryreal 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 contractsnecessary to carry o';t and effectuate the purposes hereinmentioned. (Emphasis added.)
Pursuant to these provisions of Section 51-b, the Legislature enactedArticles 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'sAttorney

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and the Supreme Court Library shallhavemoved from the State CapitolBuilding, the Board of Control is directed tomake available for the use and occupancy of the Legislature such offices and committeerooms as the Legislature shall considernecessary and appropriate for the efficient conduct of the affairs of the House of Representatives and the Senate; provided, that office facilitieswhich are substantiallyequal in quality and space shall be made available for individualmembers of the House ofRepresentatives and shallbe assigned among themembers by lot, conducted as the House shalldirect. The State Building Commission is hereby empoweredand 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 spacemade available under the authority of this section f$r the use and occupancy of the Legislature.
InAttorney General'sOpinionM-695 (1970) itwas 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 directlywith the Senate and House of Representatives to providebuilding repair and remodeling services. Moreover the Senate and House of Representatives is authorized to pay the State Building Commission for these servicesunder the authority of Attorney General's Opinion c-78 (1963)upon vouchersdrawn for this purposeby the Senate and House ofReprestntatives payable to the State Building Commission.
Your request states that the Comptrollerof PublicAccountshas 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 Constitutionof Texas specificallyauthorizes 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 contractsnecessary to carry out and effectuate the purposes hereinmentioned." Equipping buildings is not limited to new construction. The word 'equip"means to furnish for service or to supplywith whatever is necessary to efficientaction, and theword wequipment" includes furnishings. It is "elastic" Inmeaning. 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 constructionproject.
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 Commissionhas the authority to contract for equipment as a part of a modernization, remodeling or building constructionproject.

Preparedby John Reeves AssistantAttorney 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
NOLAWHITE First Assistant
ALFREDWALKER Executive Assistant -3801-