January 27, 1959 

Honorable William H. Farmer Opinion No. 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: ployment Commission. 

We quote in part from your recent letter requesting an 

opinion from this office clarifying an apparent conflict between two prior Attorney General's Opinions: 

"We do not consider these two opinions to be conflicting since they deal with different subjects. However, we are in receipt of a letter from the State Comptroller reading in part as follows: 

"'I am returning the enclosed account in the amount 

of $3,209.00 for the reason it Is my opinion that 

Attorney General Opinion No. WW-321 dated November 

15, 1957 applies not only to Article 681, V. C. S., 

but over-rules in its entirety Opinion No. WW-259 

dated September 18, 1957.' 

"The account 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 Employment Commission." 

7 

In Attorney General's Opinion No. 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 expenditure of funds for repair and improvement of an air conditioning unit in a commission owned building, 

and for preliminary studies as to the needs, cost, and size of 

a Texas Employment Commission office building, such studies not 

intended to be the plans of the specifications finally adopted 
Honorable William H. Farmer, page 2 (WW-549) 

for the construction of the building. 

The holding of this opinion was in accord with 

Attorney General's Opinions: O-3737 (1941) O-5524 (1&;0r 

V-427 (1947),and V-504 (1948),and was based'upon the same' 

reasoning as was used in those prior opinions: "To require 

the approval of the Board of Control in such matters would 

be to invite conflict inasmuch as both Federal and State laws 

indicate that the funds received from the Federal Government 

shall be expended in accordance with the rules and regulations 

prescribed by the Federal Agency." 

In Attorney General's Opinion No. 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 specifications for the construction of a 

local office building in Midland, Texas. 

It is the opinion of this office that Opinion WW-321 

contemplates the approval of the Board of Control plans, designs, and specifications only in a situation where 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 Opinion No. WW-259 and the opinions cited 

therein wopld 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 

ziohn L. Estes 

JLE:rm 
Honorable William 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