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AUSTIN U.TEXAR

November 18, 1959

Mr. D. C. Greer State Highway Engineer Austin, Texas Opinion No. W-735
Re: The extent of the restrictions to be applied because of the words "DistrictOffice buildings" in the rider to the Current General AppropriationBill (H.B. 4, Acts 56th Leg., 3rd Called Session, 1959, Cha ter 23, pages 442, Dear Mr. Greer: 

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In your request for an opinion you state as follows:
"On:+ of the riders in the State Hlghway Depar.Ln!ent's section of the.current General AppropriationBill states as follows:
"'Noneof the funds appropriated 'to the State Highway Departmentmay be exPended for the'constructionof any District Offi& building ata Cost exceeding Sixteen Dollars ($16)per square foot in constructioncosts including engineeringand architectural fees.'

"In carrying out the duties and responsibilities of the State Highway Departmentunder law to construct and maintain a State Highway System, it is necessary that severaldifferent kinds of buildings be constructedand utilized. The Departmentmaintains District Headquarters at 25 locations in the State. At each of these locations, it has proved advisable to construct warehouse buildings, shopbuildings, equipment storagebuildings, laboratorybuildings, and service stationbuildings, in addition to an office buildingwhich provides space necessaryMr. D. C. Greer,p?,;Se 2 (WW-735)

to aar.?y

on the major portion of the office work required to be done by each District. It has proved necessary and advisable for the Department to construct certainbuildings at local Headquarterswithin each District. These buildings usually providewarehouse facilities, storage for highway equipment, servicing for highway equipment,and some office space for the supervisorypersonnel. At some of these locations,buildings are constructed to provide office and working space for Resident Engineers and buildings for laboratorywork. Othermiscellaneous buildings are constructed from time to time to meet the needs of the Department in carrying our its assigned responsibilities. Some of thesebuildings, by their very nature, are c?leaper

to construct that an office building cdould be, while others require a specialized type of design and constructionwhich make them more expensive to build. Examples of the latter are our laboratorybuildings, two ofwhich are presently in the planning stage.

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. . . !'We fzl that the specificwording of the provision restricts its application to the District Office buildings and that it would not apply to the other specialized structureswe construct. We have discussed thismatter with members of the Comptroller's staff and they are inclined to agree, but feel that they cannot pay for a building costingmore than $16 per square foot until the provision has been so interpretedby your Department.

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In 39 Texas Jurisprudence 137, Statutes, Section 105, we find the following rule stated:

"One of the primary and settled rules of construction is thatwords in common use, when contained in a statute,will be read according to their natural, ordinary and popularmeaning."
This rulewas followedby the Supreme Court of Texas in Texas Bank & Trust Co. v. Austin, 115 Tex. 201, 280 S.W.. .

Mr. D. C. Greer, sage 3 (WW-735)

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believe that the natural, ordinary and popular meaning of the words "officebuilding" is a building of offices or rooms in which administration is conducted and officework is done. It follows, then, that district office buildings would be those buildings at the District Headquarters of the Texas Highway Department in which the major portion of the officework is done.

It is our opinion that the statutory language quoted in your letterwas not intended to apply to warehouse buildings, shop buildings, equipment storagebuildings, laboratorybuildings and service stationbuildings, but that it does apply to ali district officebuildingswhich provide spacenecessary to carry on the major portion of the officework required to be done by such District.

JH:mfh
APPROVED: SUMMARY

The words "DistrictOffice building" in the rider to the current General AppropriationBill (HouseBill 4, Acts of the 56th Legislature,Third Called Session, 1959, Chapter 23, pages 442, 591), do not apply to warehouse buildings, shopbuildings, equipment storagebuildings, laboratorybuildings, and service stationbuildings, but they do apply to all district office buildings.

Yours very truly,

WILL WILSON Atto ney General of Texas

BY%-au Jay Howell Assistant

OPINION COMMITTEE J. C. Davis,Jr.Chairman Raymond V. Loftin GrundyWilliams
REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore