January 27, 1959

HonorableWilliam H. Farmer OpinionNo. WW-549 Administrator Texas Employment Commission Re: Whether it is necessary Austin, Texas for the Texas Employment Commission to have the approval of the Board of Control for repairs to a building in Corpus Christi owned by the State for the use of the Texas EmDear Mr. Farmer: ploymentCommission.

We quote in part from your recent letterrequesting an opinion from this office clarifying an apparent conflictbetween two priorAttorney General'sOpinions:

"We do not consider these two opinions to be conflicting since they dealwith different subjects. However,we are in receipt of a letter from the State Comptroller reading in part as follows:
"'I am returning the enclosedaccount in the amount of $3,209.00 for the reason it Is my opinion that Attorney General OpinionNo. WW-321 dated November 15, 1957 applies not only to Article 681,V. C. S., but over-rules in its entiretyOpinionNo. WW-259 dated September 18, 1957.' "Theaccount rendered is for repairs to a building which we built in Corpus Christi, Texas, and which is owned by the State of Texas for the use of the Texas EmploymentCommission." 7 InAttorney General's OpinionNo. WW-259 dated September 18, 1957, this office held that Articles 665, 670, 673, and 681, Vernon's Civil Statutes, do not apply to the Texas Employment Commission in its expenditureof funds for repair and improvement of an air conditioningunit in a commission owned building, and for preliminary studies as to the needs, cost, and size of a Texas EmploymentCommission office building, such studiesnot intended to be the plans of the specificationsfinally adoptedHonorableWilliam H. Farmer, page 2 (WW-549)

for the constructionof the building.

The holding of this opinionwas in accordwith Attorney General'sOpinions: O-3737 (1941)O-5524 (1&;0r V-427 (1947),andV-504 (1948),andwas based'upon the same' reasoning as was used in those prior opinions: "Torequire the approval of the Board of Control in suchmatterswould be to invite conflict inasmuch as both Federal and State laws indicate that the funds received from the Federal Government shall be expended in accordancewith the rules and regulations prescribedby the Federal Agency."

In Attorney General's OpinionNo. WW-321 dated November 15, 1957, this office held, under Articles 681,Vernon's Civil Statutes, that it is necessary for the Texas Employment Commission to have the approval of the Board of Control of the plans, designs,and specificationsfor the constructionof a local office building in Midland, Texas.

It is the opinion of this office that OpinionWW-321 contemplatesthe approval of the Board of Control plans, designs, and specificationsonly in a situationwhere new construction is contemplated,but that in the event of repairs to an existing building or structure, it is the opinion of this office that OpinionNo. WW-259 and the opinions cited thereinwopld control. SUMMARY

It is not necessary for the Texas Employment Commission to have the approval of the Board of Control for repairs to a building in Corpus Christ1 owned by the State for the use of the Texas Employment Commission.
Yours very truly,

WILL WILSON Attorney General of Texas



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JLE:rmHonorableWilliam H. Farmer, Page 3 (w-549)

APPROVED OPINION COMMITTEE Geo. P. Blaekburn,Chairman
Jot Hodges, Jr. L. P. Lollar Mrs. Marietta Payne REVIEWED FOR THE ATTORNEY GENERAL BY: W. V. Geppert