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: 

TSenate Bill No. 1, 

the First Called Session 

der the heading BUILDING 

General Appropriations, by 

of the 57th Legislature unCOMMISSION 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 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 Commission for repair, maintenance, and 

operation of any property heretofore or hereafter acquired by the Building Commission as 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 appropriation made in item 

10 above for accomplishing the same purposes. 

Opinion No. W-1319 

Re: Authority of Building Commission to disburse funds to make 

emergency repairs 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 

property heretofore acquired by the State Building 

Commission and that these structures are used to house 

State agencies and that title is maintained on inventory by the State Building Commission. It is therefore, held that should these or like property be in 

need of emergency protective attention, such as roof 

repairs, etc., that the above quoted appropriation 

bill paragraph constitutes a valid source of funds for 
Eon. 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 appropriation verbiage and render an 

opinion regarding the authority of the State Building Commission to disburse funds as deemed necessary 

to effect emergency protective attention 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 General Appropriation Bill contains tne 

following appropriation to the State Building Commission: 

"Any balances 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 Commission for repair 

and operation of any property here t 

maintenance, 

ofore or hereafter acquired by the Building Commission as long 

as said property is used to house State agencies 

or is leased to private individuals or is in nee A 

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 

appropriation made in item 10 above for accomplishing the same purposes." 

Since the above quoted appropriation is to be expended 

on "any property heretofore 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 specifically authorized to disburse 

funds as deemed necessary to effect emergency protective attention to acquired property such as the buildings named above, and 

any other buildings acquired by the Building Commission as long 

as said property is used to house State agencies. 
Hon. H. R. Nieman, Jr., page 3 (W-1319) 

SUMMARY 

Moneys appropriated by the Legislature to the 

Building Commission may be disbursed by the Building 

Commission for the purpose of taking care of emergency protective attention of property acquired by 

the Building Commission as long as said property is 

used to house State agencies. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

JR:wb 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Ben Harrison 

Harry Hewell 

Grady Chandler 

j7?CCtive+ 

Assistant 

REVIEWED FCIR THE ATTORNEY GENERAL 

BY: Houghton Brownlee, Jr.