THE ATIWDRNEY GENERAL 

OF -XAS 

AUSTXN, 'I-EXAR 78711 

November IO,1967 

Honorable Homer Garrison, Jr. Opinion No. M-l 56 

DireCtor, Texas Department of Public. Safety 

P. 0. Box 4087, North Austin Station Re: Whether under Senate Bill No. 15, 60th 

Austin, Texas 7875 1 Legislature, authorizing the Department of 

Public Safety to purchase land and to construct a subdistrict headquarters building in 

El Paso, the Department may purchase the 

land together ,with the desired fully constructed building, without the necessity of 

Dear Colonel Garrison: construction. 

In your request for an opinion from this office you state the following: 

“We request your opinion on the following: Senate Bill i5 of the 60th 

Legislature provides in part as follows: 

‘$ ‘From funds appropriated above for the Department of Public Safety 

Construction Program, the Department is authorized to undertake the following projects: 

“ ‘ 

. . 1 

“ ‘7. For the purchase of land and the construction of a subdistrict 

headquarters building in El Paso.’ 

“The Department has located property in El Paso, Texas, with a suitable building which will provide necessary facilities. Can the Department purchase this property even though there will be no construction required? 

‘I 

. . .” 

In construing the statute, the Court must look to the object to be accomplished 

and place on it a reasonable or liberal construction which will best effect its purpose rather than 

one which will defeat it. 82 C.J.S. 593, Statutes, Sec. 323, An act should be given a practical and 

reasonable rather than a literal construction so as to accomplish as nearly as possible the intent of 

the Legislature. Brown and Root v. Durhnd. 126 Tex. 20, 84 S.W.Zd 1073 (1935). A statute will 

-727- 
Col. Homer Garrison, Jr., page 2, 

be construed in such manner as to accomplish the legislative intent Independent Life Insurance 

Company Y. Work, 124 Tex. 28 1, 77 S.W.2d 1036 (1934). T’he aim and object of construction is 

to ascertain and enforce the legislative intent. Kay Y. Schneider, 110 Tex. 369, 218 SW. 479 

(1920). 

By enacting said Senate Bill No. 15, the 60th Legislature intended to authorize 

the Department of Public Safety to aCquire a subdistrict headquarters building in El Paso, Texas. 

The purchase of land includes the purchase of any permanent improvements situated upon the 

land. The object for which the legislation was enacted will be fulfilled by purchasing land with a 

suitable building on it. 

It is the opinion of this office that the Department of Public Safety has the authority under Senate Bill No. 1 S of the 60th Legislature to purchase land in El Paso, Texas, with 

a suitable subdistrict headquarters building upon it even though no construction is required. 

SUMMARY 

Senate Bill No. 15 of the 60th Legislature authorizes the Department of 

Public Safety to purchase land in El Paso, Texas, with a suitable subdistrict 

headquarters building upon it even though no construction will be required. 

ney General of Texas 

Prepared by Jack Sparks 

Assistant Attorney General 

APPROVED: 

OPINION COMMI’ITEE 

Hawthorne Phillips, Chairman 

Kerns B. Taylor, Co-Chairman 

W. V. Geppert 

Pat Cain 

Steve Hollahan 

Joseph H. Sharpley 

STAFF LEGAL ASSISTANT’ 

A. J. Carubbi, Jr. 

-728.