Honorable James D. Cole Opinion No. M-1234 

State of Texas 

House of Representatives 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 

vage 

Mr. Cole: 1972. - 

Your request for an opinion reads as follows: 

"During the 3rd Called Session of the 62nd 

Legislature, the House of Representatives, on 

July 7, 1972, adopted H.S.R. No. 89, the text of 

which reads as follows: 

"'BE IT RESOLVED by the House of Representatives of the 62nd Legislature, 3rd Called Session, 

That the House Administration Committee be authorized to establish a fair market value by appraisal, competitive bids, or through depreciated 

value based on original cost, for chairs formerly 

used at Members' desks on the Floor of the House 

of Representatives, and offer each Member the opportunity to purchase one such chair at the time 

he vacates 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 3 of Article 666, Vernon's Civil Statutes (Saland Surplus Act of 1957), provides in part: 

"Sec. 3. As used in this Act: 

11 . . . 

"(e) 'Surplus property' means any personal 

property which is in excess of the needs of any 

state agency and which is not required for its 

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Hon. James D. Cole, page 2 (M-1234) 

foreseeable needs. Surplus property may be used 

or new, but possesses some usefulness for the purpose for which it was intended or for some other 

purpose." 

Section 4 of Article 666 provides for the disposition 

of surplus property as defined above. 

The property described in H.S.R. No. 89, quoted in your 

request, meets the definition of "surplus property" within the 

meaning of Article 666. 

In view of the provisions of Section 30 of Article 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 62nd Legislature 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 Committee may 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 the House Administration Committee be authorized to establish 

a fair market value by appraisal, competitive bids, 

or through depreciated value based on original 

cost, for chairs formerly used at Members' desks 

on the Floor of the House of Representatives, and 

offer each Member the opportunity to purchase one 

such chair at the time he vacates his term of office, 

constitutes an attempt to amend Article 666, Vernon's 

Civil Statutes, providing the method of disposing 

of personal property belonging to the State. The 

House Administration Committee may not legally proceed to dispose of such property in the manner authorized by H.S.R. No. 89 without 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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