PX&ICE DANIEL 

Oc~tober' 16, 1951 

Hon. Robert S. Calvert 

Comptroller of Public Accounts 

Austin, Texas Opinion Ro. V-1318. 

Re: 

Dear Sir: 

You have requested the 

Legality of the Texas 

Employment Commission 

purchasing evaporative 

alr cooling units. 

opinion of this office 

department to Issue a 

evaporative cooling . _ 

concerning the authority of your 

warrant to cover the purchase of 

units by the Texas Employment Commlsslon as reflected 

in the voucher submitted by that agency for your approval. We were subsequently Informed 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 Employment Commission expenditures. 

House Concurrent Resolution 38 prohibits State 

agencies from purchasing new air conditioning equipment, 

except under certain conditions. 

(1951). 

Att'y Gen. Op. V-1269 

The Texas Employment Commission does not fall 

within any of these exceptions. The resolution was 

signed by the Governor on May 10, 1951, and therefore 

became effective at that time. Tex. Const. Art. IV, 

Sec. 15. The evaporative coolers In question were ordered on June 29, 1951, and, If classed as "air condltlonlng units," they are subject to the restrictions of 

the resolution. 

In our 

ditioning unit as 

Otlnion v-1269, we defined an air conan apparatus used 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 circulating or exhaust fan is not covered 

by the provisions of House Concurrent Resolution 38. An 

evaporative cooler, 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 moistening apparatus, which cool the air 

lntrodu6ed into the unit. Thus the evaporative cooler 

not only moves the air but affects air temperature as 

well. In other words, a fan cools by air motion, an 

evaporative cooler by air conditioning. 

In discussing the technical aspects 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 evaporative cooler Is but one of several artlflclal means of reducing the temperature of air. Before the development of refrigeration type equipment, 

this process, In one form or another, constituted the 

exclusive method of cooling air. Although usually less 

efficient and less expensive than refrigeration type 

equipment, devices which 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 evaporative cooling unit 1s an "air 

conditioning unit" within the provisions of House Concurrent Resolution 38. 

House Concurrent Resolution 38 was in effect 

at the time the Texas Employment Commlsslon ordered these 

evaporative coolers. Having concluded that an evaporative cooling unit is an "air conditioning unit" subject 

to the restrictions of the resolution, we must hold that 

your department Is not authorized to Issue a warrant to 

cover the purchases listed on the voucher submitted by 

the Texas Employment Commission. 

SUMMARY 

An evaporative cool1 

conditioning unit" ? 

unit is an "air 

within he provisions of 

House Concurrent Resolution 38, Acts 52nd 

Legislature, 1951, and the Comptroller of 

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