PX&ICE DANIEL

Oc~tober' 16, 1951

Hon. Robert S. Calvert Comptrollerof Public Accounts Austin, Texas Opinion Ro. V-1318.

Re:

Dear Sir:

You have requested the Legality of the Texas EmploymentCommission purchasingevaporative alr cooling units. opinion of this office departmentto Issue a evaporativecooling

. _ concerningthe authority of your warrant to cover the purchase of units by the Texas EmploymentCommlsslonas reflected in the voucher submittedby that agency for your approval. We were subsequentlyInformed that you are lnqulring only about the applicability of House Concurrent Resolution 38, Acts 52nd Legislature,1951, to the purchase of these devices,rather than the general authority of your department with respect to the approval of Texas EmploymentCommission expenditures.

House ConcurrentResolution 38 prohibits State agencies from purchasingnew air conditioning equipment, except under certain conditions. (1951). Att'y Gen. Op. V-1269

The Texas EmploymentCommissiondoes not fall within any of these exceptions. The resolutionwas signed by the Governor on May 10, 1951, and therefore became effectiveat that time. Tex. Const. Art. IV, Sec. 15. The evaporativecoolers In question were ordered on June 29, 1951, and, If classed as "air condltlonlng units," they are subject to the restrictionsof the resolution.

In our ditioningunit as

Otlnion v-1269, we defined an air conan apparatusused to reduce the temperature and affect the humidity of the air In an enclosed space." On the basis'of that definition, we held that an ordinary air circulatingor exhaust fan is not covered by the provisionsof House ConcurrentResolution 38. An evaporativecooler, however, is more than just a fan. It contains a fan or other similar blowing device, of course,Hon. Robert S. Calvert, Page 2 (V-1318)

but the agency for moving the air 1s built into comM;;;f;n with other devices such as pads, screens, or

and a moisteningapparatus,which cool the air lntrodu6ed into the unit. Thus the evaporativecooler not only moves the air but affects air temperatureas well. In other words, a fan cools by air motion, an evaporativecooler by air conditioning.

In discussingthe technicalaspects of cooling air by drawing It through a fine water spray or a water soaked mat, an official of an air condltloning company has said: "This process Is termed adiabatic saturation which means saturation without the additi of heat. Coolln$ in this manner
. . . Is called 1 Encyclopedia

Americana (194 opedla Britannica (1945 Ed.) The evaporativecooler Is but one of several artlflclal means of reducing the temperatureof air. Before the developmentof refrigeration type equipment, this process, In one form or another, constitutedthe exclusivemethod of cooling air. Although usually less efficientand less expensive than refrigerationtype equipment,deviceswhich cool the air by means of this process are regarded as a type or kind of air condltloner by experts In the field. Therefore,we are of the opinion that an evaporativecooling unit 1s an "air conditioning unit" within the provisionsof House Concurrent Resolution 38.

House ConcurrentResolution 38 was in effect at the time the Texas EmploymentCommlsslon ordered these evaporativecoolers. Having concluded that an evaporative cooling unit is an "air conditioning unit" subject to the restrictionsof the resolution, we must hold that your department Is not authorized to Issue a warrant to cover the purchases listed on the voucher submittedby the Texas EmploymentCommission.

SUMMARY

An evaporativecool1 conditioning

unit" ? unit is an "air within he provisionsof House ConcurrentResolution 38, Acts 52nd Legislature,1951, and the Comptrollerof Public Accounts Is not authorized to issue. I. -

Hon. Robert S. Calvert, Page 3 (v-1318)

warrants in payment for new units ordered by a State agency after the effective date of the resolution.

APPROVED: Yours very truly,
David B. Irons PRICE DANIEL Admlnlstratlve

Assistant Attorney General

Jesse P. I.&on, Jr. Reviewing Assistant By~~.G--4 \ ' Charles D. Mathews Calvin B. Garwood, Jr. a First Assistant Assistant

CBG:em