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Honorable Homer A. Foerster Opinion No.M-1276 

Executive Director 

State Board of Control Re: Authority of a State agency 

P. 0. Box 13047, Capitol Station occupying space in a State 

Austin, Texas 78711 office building on Board of 

Control inventory to expend 

specifically appropriated 

funds for certain space 

modifications under circumstances stated, and reDear Mr. Foerster: lated questions. 

your request for an opinion reads as follows: 

"The Board of Control has performed certain 

special office modifications for State agencies 

occupying State office buildings on Board of 

Control inventories. These office modifications 

were considered to be over and above normal repairs, maintenance and improvements for general 

occupancy. The occupying agency, through Governor's 

authority, transferred funds to the Board of 

Control to pay for such special modifications. 

The Attorney General's Opinion No. M-1199 has 

held invalid the Governor's authority to make 

such transfers. 

"Inasmuch as the Board of Control receives 

appropriations only for the normal maintenance 

repairs and improvements required for general occupancy, no funds are available for providing 

modifications peculiar to the special needs of 

the programs of the occupying agency. 

"Therefore, a formal opinion is respectfully 

requested on the following questions: 

"1 . Can 'a State agency occupying space in a 

State office building on Board of Control inventory 

expend specifically appropriated funds for certain 

space modifications which are considered to be 

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Hon. Homer A. Foerster, page 2 (M-1276) 

peculiar to the needs of that agency, necessary 

for the efficient performance of its program, and 

which are considered to be over and above normal 

building maintenance, repairs and improvements 

required for general occupancy? 

" 2 . If the above question is answered in 

the affirmative, can the Board of Control be reimbursed for the actual cost of rendering services 

of employees, services of maintenance, and/or 

services of equipment to make such modifications 

through an interagency contract as authorized by 

Article 4413(32), V.C.S.? 

" 3 . If Question Number Two (2) is answered 

in the affirmative, is the Comptroller thereby 

authorized to process vouchers and draw a warrant 

for the reimbursement for the actual cost of 

services in accordance with the interagency contract? 

"In regards to Question Number One (l), reference is made to Article 673, V.C.S. wherein the 

responsibility of providing improvements and repairs is clearly within the Board of Control's 

authority. Reference is made also to Article 

678f, V.C.S., Section 2, Paragraph (A), which in 

effect prohibits occupying agencies from making 

such modifications except through the State Board 

of Control as the 'Using Agency." Reference is 

also made to Article 4413(32), V.C.S. Section 3 

and Section 6. In this regard, reference is made 

to Attorney General's Opinion No. C-78 (May 15, 

1963) and Opinion No. M-695 (September 14, 1970). 

"Specific examples of the office modification 

required for agency programs are enumerated as 

follows: (1) Agency obtains computer equipment 

which requires additional air conditioning handling 

units. The Board of Control is called upon to 

provide and install these extra air conditioning 

units. (2) Agency personnel expansion resulting 

from new programs requiring modifications in office 

layout, requiring relocation, removal and/or additional partitions to provide more efficient 

program functioning. (3) Agency installation of 

sophisticated mechanical equipment requiring 

special electrical service for proper functioning. 

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Hon. Homer A. Foerster, page 3 (M-12?6) 

II II 

. , . . 

held: 

In Attorney General's Opinion M-1274 (1972) it was 

"The State Department of Public Welfare may 

contract with the State Building Commission and 

the Board of Control for the renovation of the 

fifth floor of the John Ii. Reagan State Office 

Building, for the renovation of other portions 

of that building to ,accomodate the installation 

of computers and other equipment, and for the 

improvement of the defective elevator system 

currently in use in that building." 

It was pointed out in this opinion that the Legislature 

has provided that when improvements or repairs are needed in the 

proper care of State-owned buildings maintained by the Board of 

Control, the Board shall provide for such repairs or improvements. 

Articles 67Sf, 673 and 665, Vernon's Civil Statutes. 

Section 3 of Article 678m, Vernon's Civil Statutes, 

provides: 

"The Commission shall have the authority to 

promulgate such rules and regulations as it deems 

proper for the effective administration of this 

Act. Under such terms and conditions as may be 

provided by law, the Commission may acquire necessary 

real and personal property, modernize, remodel, build 

and equip buildings for State purposes, and make 

contracts necessary to carry out and effectuate 

the purposes herein mentioned in keeping with appropriations authorized by the Legislature. Provided, however, that the Commission shall not sell 

or dispose of any real property,of the State, except 

by specific authority from the Legislature." 

Section 3 of Article 4413(32), Vernon's Civil Statutes, 

provides in part: 

"Any state agency may enter into and perform 

a written agreement or contract with other agencies 

of the state for furnishing necessary and authorized 

special or technical services, including the services 

of employees, the services of materials, or the 

services of equipment. . . .II 

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I. - 

Hon. Homer A. Foerster, page 4 (M-1276) 

The provisions of Article 678m and 4413(32) above quoted 

must be construed together with the statutory powers of the Board 

of Control to provide for the proper care and maintenance of Stateowned buildings maintained by the Board of Control. 

As pointed out in your request, the Legislature in 

making appropriations to the Board of Control for the proper care 

and maintenance of buildings under its management and control, 

does not contemplate major renovations that may be necessary for 

the proper utilization of office space by the occupying agency. 

In certain instances this may be accomplished through the State 

Building Commission under the authority granted to it by the provisions of Article 67Sm, Vernon's Civil Statutes, and in other instances it may be accomplished through interagency agreements 

entered into by the Board of Control under the provisions of 

Article 4413(32), Vernon's Civil Statutes. 

In view of the foregoing your questions are answered 

as follows: 

Question 1. A State agency occupying space in a State 

office building under the management and control of the State Board 

of Control may expend appropriated funds for certain space modifications which are considered to be peculiar to the needs of that 

agency necessary for the efficient performance of its program and 

which are considered to be over and above normal building maintenance, repairs and improvements required for general occupancy. 

Questions 2 and 3. This may be accomplished by the 

occupying agency and the Board of Control entering into an interagency agreement pursuant to the provisions of Article 4413(32), 

Vernon's Civil Statutes. 

SUMMARY 

A State agency occupying space in a State 

office building maintained and controlled by the 

Board of Control may expend specifically appropriated 

funds for certain space modifications which are 

necessary to the peculiar needs of that agency 

necessary for the efficient performance of its 

program and which are considered to be over and 

above normal building maintenance, repairs and improvements required for general occupancy, and such 

agency may enter into an interagency contract with 

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Hon. Homer A. Foerster, page 5 (M-1276) 

the Board of Control for such purpose. 

General of Texas 

Prepared by John Reeves 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

John Banks 

J. C. Davis 

Roland Carlson 

Harry Green 

SAMUEL D. MCDANIEL 

Staff Legal Assistant 

ALFRED WALXER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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