OFFiCE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Iionorablc lkcver B. Baker, Chalrmm 

State 3card of Control 

Aust la, !ibas See V-206 for change in fact situation. 

Dear sir: 

French Embassy bulldlng and all proportlaa therein.” 

Section 2 contains a Gescrlptlon of the property to 

be ,pwchased under said Bill. 

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Houorabla &aver E. Baker, page 2 

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Section 3 provides: 

.* “Said building 1s hereby set aside for the 

uses and purposes of the Dnughters of the Republic 

of Texas, and the said Daughters of the Republic 

of Texas be ar.d the sme are hereby authorized to 

tske full chavCc of sold bulldlrz cud use of the 

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sibm as they my see proper. YLe property of the 

sold French I2abassg shsll be the proyertg of the 

State, and the.tltle of said pmperty shall renaln in ,.the custody of eho Board of Control.” 

You ask uhethor the appPoprlatlon of the balance of 

the Texas Centeimlal Co~lsslon fund Is authorized. In our 

Opinion PO. O-5522, addressed to the Hocoroble Harley Sadler, 

a copy of uhlch 1s enclosed herewith, vs passed on the authority of the Ioglslature to now appropPlate the balance in this 

fund for the purpose of purchasing the Esbassy. It 1s the 

opinion of this departcent that tho npproprlatloa la authorized, 

provided that a release is obtained fzon the ‘proper Federal 

authority before said fund la disbursed.. .’ 

You ask also: 

“‘Hhnt agency is authorized to negotiate for 

the purohase of the old French ikbassq, and on 

what terms?” 

By Article XVI, Eoctlon 39, ,of. the Constltutlon of 

Texas, the Lsglslotuiie 1s given the authority and 1s charged 

with the duty of preserving conorinls of the hlstory of Texas. 

The latent of the Legislature 

Eiouse Bill 110. 728 

is nest clearly expressed In 

--.to effect the purchaoe of the Esbaasg, 

which is latlmtely connected vita the early history of TQXCS. 

There .is some question, however, uhethqr the Legislature provided for the apDvopvlste sEchanlsn to effectuate its pwpose. 

IJo ludlvldual or agency is directed to negotiate for the purchc.so in this bill. 

The ccuons of statutory construction have been expressed varloucly in these term: 

. “tThst which Is lsrclied la a statute 1s as 

much a part of It as vhkt is expressed, 1 1s a 

settled rule of constructlou. . . . Uhen a statUtQ commands or grants anything;, it lmplledly au- 

.’ thorizes whatever is necessary for executing its 
I 

T Bonorable WeaVQr R, -Asker, pogo 3 

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commands or vhatevcr lo indispcnccble.to ~the enJoycent or exercloe oft the grant. ,..:? ‘.39,Tex. 

hr. 176, sot. 93. ,~ 

?!hus l.t is settled that a statute bill be 

conotruod vlth reference to its intended scope, 

its Secercl purpose, and the ends or objectives 

so@& to be obtained. Every provislon, clause 

or word of an act will be construed u:th reference to Its leading idea or general purpose, and 

Fl;r$$t, so far as possible, into harmony there- 

. 39 Tex. Jur., 216, SQC. 116. 

‘9. statute or provlsloa should not be given 

a construction rendering it. fruitless, futile, 

meaningless, purposeless, or ucoless, when the 

lanzwge can be othervise cowtrued. The reason 

of tha rule, is that the Legislature is not to 

be credited with doing or intending a foolishuseless or vain thing . . . . ’ 39 Tear. Jur . 225, 

., ‘, 

seci 11.9. 

HOUSQ Bill Bo. 7% give3 the Da@ters- of the RQpublic authoriGy to ta!os full char&o of said bulldlng and to 

use SCEE ns they may see fit. We nro advised that, although 

the u;loxpcndcd balance of the Terns Ccntcnnlol Commlcslon 

fund is only approximately $24,000, the purchase price of tha 

mbassy vi11 bti substantially in oxccsc of that sum, or appl’OXfl’2tQlY $37,000. The difference of some $13,000 will be 

raised by the Daughters of the Republic by private subscrlpdilon. ’ 

Under all of these cIrcumstancea, all of which must 

have been vell knovn to it, It is only logical to assume that 

the kglslature intended for the DauChtors of the Republic to 

negotiate for the purchase of the property ‘described. in House 

” Blu NO. 7%. 

AS ue have pointed out 1.a Opinion No. O-6522, the 

money in the Texas Centennial Commission fund cannot be released to the Daughters of the Republic, for to do 30 voulcl 

violate Article III, Section 51, of the Constitution. 

Hovever , v!zen :;:crc is tendered to the Board of Control :a good end sufficient deed conveying fee simple tit& la 

this property to the 3tate of Texas, you vii1 be authorized to 

8CC42,'; thQ 88lW for the State. Thereupon you will be cuthor- I 

lzed to request that the Comptroller Issue E warrant for the 

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Honorable Weaver H, IXker,. page 4 

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payment out of the Treasury to the owners of said property, 

of the balance of sald fund, provided, of COLUSC, that the 

actual purchozz price of 

that balance. 

said pmipertg is ct least equal to 

The Comptroller vi11 be authorized to issue 

said warrant, and the Treasurer wJ.11 be authorized to pay 

same, provided the release referred to above has been obtained. 

This procedure will effectuate the provisloas of 

House Bill No. $33, that: . 

“The property of said French Dziiassg shall 

bs the property of the State, aad the title of 

. said p;?opo?ty shall renoia in the custody of the 

Board of Control. ” 

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Your last quest1oa is: 

“is the authorlzatioa to the Daughter8 of the 

Republic of Texas %o take full c%rge of said build1~ valid?’ 

ThlS sane question arose with rcfcronce to the pwchase and custody of the Alt-ao. Acts 29th Leglalature, Chapter 7, Fzovfdod for the purchase of the Alamo by ,the State, 

land delivery of the property “to .the custody and care of the 

Daughters of the Republic of Texas.” The Sugrenc Court, la ” . . 

passi% upon the validity of such provision in the case of 

Codleg v. Caughters of the Republic, 156 S.W. 197, 200, said:’ 

“The potter of the Legislature of this state,.’ 

with refercace to the PPopcrty in question, is 

not limited by sag >mvision of the Constitution; . 

therefore, it haa in genepal ‘the saze rL$lts and 

powme la respect to property as an irdivldual. -.. 

It zzay acquire property, zeal CT personal, by conveyance, will, or othervise, and hold or dlspose 

of the sane or apply it to any purpose, public or 

. private, as it .soes fit. The power of the state 

‘. in respect to its property rights Is vost.ed in the 

Legislature, and the Loglslature alone can exercise ‘. 

the power necessary to the enjoyment and protection 

of those rights, by the enactment of statutes for 

that purposo. . . , Tine state has, in Deneral, the 

snm power to contract as a corporation or an individual. ’ 36 Cyc. pp. 869, 871. 
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‘Eon&able We&vor B. Baker, page 5 

682, 

Bend 

%e ~23 o: opiaioa that tke &ate, acting 

by its ‘Leni313two, had t&c? wthority to acquire 

title to &a Ale~o property cad to place that’ 

prosertg In the custody of the $orporation, the 

Da$&tars of the Rep&UC. . . . 

Of like import 1s I;iw v, Sbcppard, 257 k..tI. (2d) 

ermr refasod, which concorned the purchase of ~thc Big 

!?atl,.saal pazk by tke State and delivery thereof to the 

Federal Govermeut . 

.Ve are,‘thersforo; of the opiaioa that the p~ovlsioa authorieitq the Dx;lgitcrq of .tho Rcpubllc tq take iti1 

cb3rge of the abassg is a valid oae. 

,&Wing that we. havo answered your iaquiriea fully, 

we are