**OFFiCE OF**  **THE ATTORNEY**  **GENERAL OF**  **TEXAS AUSTIN** 

Iionorablc lkcver B. Baker, Chalrmm State 3card of Control Austla, !ibas See V-206 for change in fact situation. Dear sir:

French Embassybulldlng and all proportlaa therein.” Section 2 contains a Gescrlptlon of the property to be,pwchased under said Bill. ,

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. SW Houorabla &aver E. Baker, page 2

I :: Section3 provides: .* “Said building 1s hereby set aside for the usesand purposes of the Dnughters of the Republic of Texas, and the said Daughters of the Republic of Texas be ar.dthe sme are hereby authorized to tske full chavCc of sold bulldlrz cud useof the :. , sibmas they my seeproper. YLeproperty of the sold French I2abassg shsll be the proyertg of the State, and the.tltle of said pmperty shall renaln in ,.thecustody 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 nowappropPlate 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:

“‘Hhntagency is authorized to negotiate **for** the purohase of the old French ikbassq, and on what **terms? ”**  ByArticle 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 somequestion, however, uhethqr the Legislature provided for the apDvopvlste sEchanlsn to effectuate its pwpose. IJoludlvldual or **agency** is directed to **negotiate for**  the pur

### chc.so in this bill.

The ccuons of **statutory** construction 

### havebeen expressed varloucly in these **term:**

**.** “tThst which Is lsrclied la a **statute** 1s as mucha part of It as vhkt is expressed, 1 1s a settled rule of constructlou. ... Uhen a stat**UtQ** commandsor grants anything;, it lmplledly au-



### .’thorizes whatever isnecessaryfor **executing** itsIT Bonorable **WeaVQr** R, -Asker, pogo 3

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commandsor vhatevcr lo indispcnccble.to ~theenJoycent or exercloe oftthe 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, whenthe 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 ... .’ 39Tear.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 SCEEns they maysee fit. Wenro advised that, although the 

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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 ap**pl ’** **OXfl ’** **2tQlY** $37,000. The difference of 

### some$13,000will be raised by the Daughters 

### of the Republic by private subscrlpdilon. ’

Underall 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%.

ASue have pointed out 1.aOpinion No. O-6522,the moneyin the Texas Centennial Commission fund cannotbe 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 :agood 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 Ewarrant **for** the I

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.Honorable Weaver H, IXker,. page 4

. 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.11be 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:
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“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. ” .~’ . Your last quest1oa is:

“is the authorlzatioa to the Daughter8 of the Republic of Texas %otake 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 Alamoby,the State, landdelivery 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,.’ withrefercace 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 zzayacquire property, zeal CTpersonal, 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. Thepower of the state ‘.in respect to itsproperty 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. .., Tinestate has, in Deneral, the snm power to contract as a corporation or an individual. ’ 36 Cyc.pp. 869, 871.. 

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. . 7 ‘Eon&able We&vorB. 

### 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, 257k..tI. (2d) ermr refasod, which concorned the purchase of ~thcBig !?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, weare