### "IETOE~NEY GENERAL
OFTEXAS

HonorableRobert S. Calvert Comptroller of PublicAccounts State of Texas~ Austin, Texas Opinion No.

### W-238
Re: May the Comptroller of Public Accounts issuewarrants to pay for a necessary easement an& to cover the cost of the plans and specificationsinvolved in the construction of a certain radio building to be built by the Texas Department of Public Safety Dear Mr. Calvert: near Midland, Texas?

You have requested an opinionwhich involves the issuance of certainwarrants which are required in connection with the constructionof a radio building by the Texas Department of Public Safety. Inyour request you have posed the following questions:

"Pleaseadvise if Imay issuemy warrant in payment of easement on which the radio building is to be constructed?
"Pleaseadvise if I may issuemy warrant in payment of the plans and specificationsof the radio buildingwithout the State Board of Control's approval7"
We shall answer your questions in the order presented. Section 22 of Article VI of House Bill No. 140 Acts of the %th Legislature,Regular Session, 

### 1955,chapter 

### $19, page 1532, which dealswith the acquisition of propertyunder the provisions of the GeneralAppropriationBill, provides, in 

### Part,as follows:

"Except as specificallyauthorized to do so by existing statutes,none of the agencies for which appropriationsare made in thisAct shall accept the donation of real property, exceptHonorableRobert S. Calvert, page 2 

### 0~238)

gifts or devises of real property from private sources for the establishment of scholarships, professorships,or other trusts for educational purposes,provided such property will not thereafterrequire appropriationsby the Legislature for operation,maintenance, repair or the construction of buildings; or exaend any of themoneys apurooriatedher& for the purchase of real aronertywithout the expressed permfssionand authorizationof the Legislature.

. . .I' (Emphasisours).
House Bill 140 Acts of the 54th Legislature,Regular Session, 

### 1955 chapter 

### 519,page 1499,which provides for the appropriation'of funds to the Texas Department of Public Safe+y for the current biennium, reads, in part, as follows:

"The above appropriationsare for salaries, seasonal or contingenthelp, travel, transportation, automobilemaintenance and repairs, gas, oil, tires, etc., bond premiums, office and equipment rentals, storage, repairs, forage, duplicating supplies,printing, telephoneand telegraph, postage, stationery, clothingand furnishings, express and freight, drayage,utilities, servicematerials, office supplies,books, drugs, medical, hospital and laboratory expense, and funeral expensewhen death results in line of duty. Also, necessary expenses for operating a law enforcement training school,and miscellaneous operating expenses. Purchase of equipment, guns, automobiles, aircraft, and any and all other necessary equipmentnecessary to the enforcement of all laws under the supervisionof the Department of Public Safety."
House ConcurrentResolution No. 

### 26,Acts of the 55th Legislature,reads as follows:

VHEREAS, The Texas Department of Public Safety is desirous of erecting a communications station in the vicinity of Midland, Texas, in order to continue to carry out the Department's statutoryduty of providing for the rapid exchange of information concerning the commission of crimes and th+ aetection of violators of the law; and WRERRAS, It is necessary to acquire an easement upon propertyheretofore located and upon which an easement can be acquired for a reasonable expenditure; andHonorable Robert S. Calvert, page 3 (W-238)

"WHEREAS, There exists sufficientappropriations necessary to purchase said easement and erect such station;and WEEFlEAS,A questionhas arisen as towhether the expenditure of suchmoneys heretofore appropriated can be lawfullymade without the express permission and authorization of the Legislature, due to a restrictionupon the purchase of real property contained in the biennialAppropriation Bill of the Fifty-fourth Legislature,Re?;ular%?ssion, 1955; now therefore,be it "RESOLVEDby the House of Representatives, the Senate concurring,That the Texas Department of Public Safety is authorized to expend appropriated funds for the purpose of acquiring the necessary easement to permit the erection, operation, and maintenance, of such communications station,"
Because of the prohibitions of Section 30 of Article III of the Constitution of Texas, the above quoted House ConcurrentResolution does not have the status of a law. However, theResolution does stand as an avowal of the Legislature'sfntent. As such,we believe that H.C.R, No. 26 Acts of the 55th Legislature, clearly indicates that it was thi intent of the Legislature that the provisions of House Bill 140, Acts of the 5%th Legislature,Regular Session 1955, chapter 519,page 1499, should include an expenditure of funds for the purchase of the easement in question.

For this reason3we a:-eof the opin~ionthat an expenditure of funds for the purchase of an eas,zment upon which a radio building is to be constructedby the Texas Department of Public Safety, in thevicinity of Midland, Texas, is a~u,thorized under the provisions of House Bill 140, Acts of the 54th Legislature, Regular Session, 19559 chapter 519, page 1499, We, therefore,must answer your first question in the affirmative,

Section 1 of the Acts of the 51st Legislature,Regular Session, 1949, chapter 323, page 606 (Article681,V,C.S.) provides, in part:

"The State Board of Control, through its chief of such division, shall design all public buildings erected at the expense of the state where designing is not otherwiseprovided by law or by its appropriationbill; but in no instance shallplans or designs be adopted by the head of any department, board, institution,or school,Honorable Robert S. Calvert,page 4 (~~-238)

other than the state educational institutions of higher learning and the Texas Prison System, and the Texas State Board for hospitals and special schools,unless such design and plans have been approved by the Board."
We construe this statute to require the State Board of Control to design any public building constructedat the expense of the State; except where the Legislature,by law or in the particular appropriationbill9 has granted some other StateAgency the authority to design the building in question. We believe that the statute further requires that even if the plans or designs of the building be exempt under the preceding exceptions, the plans or desfgnsmust ue approved by the State Board of Control prior to their acceptance by thphe:z on any department,board, institution, or school. The only ageneies exempted from this latter requirementare: the state educational institutions of hfgher learning, State Prison System, and the Texas State Board for Hospitals and Special Schools.

Your request, and the file attached thereto, indicates that the State Board of Control has not approved the plans and specificationsof the particular building in question.

We believe that this buildingmust of necessity come within the requirementsof Section 1 of Acts of thz 51st Legislature, Regular Session, 1949, chapter 323, page 6C6 (Article 681, V.C.S.). For this reasonwe must answer your second question in the negative,

This opinion is only applicable to the factual sitAation presented,
SUMMARY

The Comptrollerof PublicAccounts may issue a warrant to pay for thenecessary easement involved in the construction of a certafn radio building to be built by the Texas Department of Public Safety near Midland, Texas, but may not issue a warrant to cover the costs of the plans and specificationsfor this same building. Very trulyyours,
WILL WILSON Attorney General of TeRs h

WCR:pf:wb d C Rivers, Jr. ./- s

. .-

Honorable Robert S. Calvert, page 5 

### (~-238)

APPROVED:
OPINION COMMITTEE
H. Grady Chandler, Chairman J. C. Davis, Jr. John Reeves
REXIEWED FOR THE ATTORNEY GENERAL
BY: Geo. P, Blackburn