### EA NEY GENERAL OFTEXAS

April 24, 1962

Hon. H. R. Nieman, Jr. P;xecutive

Director Engineer State Building Commission State Office Building Austin 1, Texas

Dear Mr. Nieman:

Your request for an opinion reads as follows:
TSenateBill No. 1, the First Called Session der the heading BUILDING GeneralAppropriations,by of the 57th LegislatureunCOMMISSION the fourth paragraph following the appropriated line items states as follows: Any balances as of August 31, 1961, remaining in the special fund specified in Section 3 of Chapter465, Acts 

### 1957, Fifty-FifthLegislature, and any receipts to such fund during the biennium ending August 31, 1963, are hereby appropriated to the Building Commissionfor repair,maintenance,and operation of any propertyheretofore or hereafter acquired by the Building Commissionas long as said property is used to house State agencies, or is leased to private individuals, or is in need of emergency protective attention;and in the event the above appropriation for repair,maintenance) and operation of such property is inadequate,the Building Commission is authorized to disburse such amounts as may be deemed necessary from the appropriationmade in item 10 above for accomplishing the samepurposes. Opinion No.

### W-1319
Re: Authority of Building Commission to disburse funds tomake emergencyrepairs to buildings acquired by the Building Commission such as the State Courts Building and State Office Building.

"It is factual that property such as the State Supreme Court Building, the State Office Building the State Archives and Library Building,etc., constiiute propertyheretofore acquiredby the State Building Commissionand that these structuresare used to house State agencies and that title is maintained on inventory by the StateBuilding Commission. It is therefore, held that should these or like propertybe in need of emergencyprotectiveattention, such as roof repairs, etc., that the above quoted appropriation bill paragraph constitutesa valid source of funds forEon. H. %. Nieman, Jr., page 2 

### ('.!w-1319)

such purposes and that the State Building Commission is authorized to disburse such amounts deemed necessary. "It is requested that you review the foregoing quoted appropriationverbiage and render an opinion regarding the authority of the State Building Commissionto disburse funds as deemednecessary to effect emergency protectiveattention to acquired property such as the State Supreme Court Building, the State Office Building, the State Archives and Library Building and like property." The current GeneralAppropriation Bill contains tne following appropriation to the State Building Commission:

"Anybalances as of August 

### 31, 1961 remaining in the special fund specified in Section 

### 3 of Chapter

### 465,Acts 

### 1957,Fifty-fifth Legislature, and any receipts to such fund during the biennium ending August 

### 31, 1963,are hereby appropriated to the Building Commissionfor repair and operation of any propertyheret maintenance, ofore or hereafter acquired by the Building Commission as long as said property is used tohouse State agencies or is leased to private individuals or is in nee A of emergency protectiveattention; and in the event the above appropriation for repair,maintenance, and operation of such property is inadequate, the Building Commission is authorized to disburse such amounts as may be deemed necessary from the appropriationmade in item 10 above for accomplishing the same purposes." Since the above quoted appropriation is to be expended on "anypropertyheretofore or hereafter acquired by the Building Commission as long as said property is used to house State agencies," the State Courts Building, State Office Building, the State Archlves and Library Building, and like property is included in the above zuoted language. You are therefore advised that the State 3uilding Commission is specificallyauthorized to disburse funds as deemed necessary to effect emergencyprotective attention to acquired property such as the buildingsnamed above, and any other buildings acquiredby the Building Commissionas long as said property is used to house State agencies.Hon. H. R. Nieman, Jr., page 

### 3 (W-1319)



### SUMMARY Moneys appropriatedby the Legislature to the Building Commissionmay be disbursedby the Building Commission for the purpose of taking care of emergency protective attention of property acquiredby the Building Commissionas long as saidproperty is used to house State agencies.

Yoursvery truly,
WILL WILSON Attorney General of Texas

JR:wb
APPROVED:
OPINIONCOMMITTEE
W. V. Geppert, Chairman Ben Harrison Harry Hewell Grady Chandler j7?CCtive+ Assistant

REVIEWED FCIRTHE ATTORNEY GENERAL
BY: HoughtonBrownlee, Jr.