Honorable James D. Cole Opinion No.M-1234

State of Texas House ofRepresentatives Re: Whether the House Administration Austin, Texas 78711 Committee may legally proceed as authorized by H.S.R. No. 89, 62nd Legislature, 4th C.S., Dear

vageMr. Cole: 1972. -

Your request for an opinion reads as follows: "During the 3rd Called Session of the 62nd Legislature, the House ofRepresentatives, on July 7, 1972, adopted H.S.R. No. 89, the text of which reads as follows: "'BE ITRESOLVED by the House ofRepresentatives of the 62ndLegislature, 3rd Called Session, That the House Administration Committee be authorized to establish a fairmarket value by appraisal, competitive bids, or through depreciated valuebased on original cost, for chairs formerly used atMembers' desks on the Floor of the House ofRepresentatives, and offer each Member the opportunity topurchase one such chair at the time hevacates his term of office.' "Your opinion is respectfully requested as to whether the House Administration Committee may legally proceed as authorized by H.S.R. No. 89." Section 3ofArticle 666,Vernon's Civil Statutes (Saland Surplus Act of 1957), provides inpart: "Sec. 3. As used in this Act: 11

. . . "(e) 'Surplusproperty' means any personal property which is in excess of the needs of any state agency and which isnot required for its

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foreseeable needs. Surplus property may be used ornew, but possesses some usefulness for the purpose for which itwas intended or for some other purpose." Section 4ofArticle 666 provides for thedisposition of surplus property as defined above.

The property described inH.S.R. No. 89, quoted inyour request, meets the definition of "surplus property" within the meaning ofArticle 666.

Inview of the provisions of Section 30 ofArticle III of the Constitution of Texas, a statute cannot be amended by a resolution. Attorney General's Opinion WW-345 (1958)and authorities cited therein.

It is our opinion that H.S.R. No. 89 of the Third Called Session of the 62ndLegislature constitutes an attempt to amend Article 666 insofar as it applies to State property described in the resolution. Therefore you are advised that the House Administration Committeemay not proceed as authorized by H.S.R. No. 89 without first amending the general law authorizing the disposition of the property described in the resolution. SUMMARY H.S.R. No. 89,providing that theHouse Administration Committee be authorized to establish a fairmarket value by appraisal, competitive bids, or through depreciated value based on original cost, for chairs formerly used atMembers' desks on the Floor of the House ofRepresentatives, and offer eachMember the opportunity topurchase one such chair at the time hevacates his term of office, constitutes an attempt to amend Article 666, Vernon's Civil Statutes, providing themethod of disposing ofpersonal property belonging to the State. The House Administration Committee may not legally proceed to dispose ofsuchproperty in themanner authorized by H.S.R. No. 89without first amending the general law. A

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Hon. James D. Cole, page 3 (M-1234)

Prepared by John Reeves Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E.Allen, Co-Chairman Lewis Jones Bill Craig Roland Carlson John Banks SAMUEL D.MCDANIEL Staff Legal Assistant ALFRED WALKER Executive Assistant NOLA WHITE First Assistant

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