AUSTlN 11. TExaS 

January 18, 1962 

Honorable Price Daniel 

Governor of Texas 

Capitol Station 

Austin, Texas 

Opinion No. W-1244 

Re: Authority of the Legislature to appropriate 

State Building Commission Funds to renovate, 

equip' and repair the exterior of the San Jacinto 

Memorial Tower and Museum 

Dear Governor Daniel: Building. 

Your request for opinion on the above subject matter 

reads as follows:~ 

"As you know, the San Jacinto Memorial 

Tower and Museum Building is badly in need of 

construction work to protect the valuable records and exhibits housed in this building and 

to protect from injury those who work and visit 

in the building. A dangerous amount of flaking 

has been occurring between the joints of the 

masonry work for several years, and so much 

additional damage was caused by Hurricane Carla 

that the building is now leaking water into the 

museum and record rooms. It has caused the 

museum to be closed to the public. 

"I have recommended to the Legislature an 

emergency appropriation of $156,000 from the State 

Building Commission Fund to renovate, equip and 

repair the exterior and interior of the building, 

and the Fund has this much unappropriated money 

available. 

"The question has been raised as to whether 

this structure is a 'building' within the meaning 

of the Texas Constitution, Sec. 51-b, Article 3, 

which authorizes the use of the Fund to 'modernize, 

remodel, build and equip buildings for State purposes.' Of course, it is often referred to as a 

monument, but actually the San Jacinto Memorial 

Tower is a building in the opinion of this office, 
‘_ , 

Honorable Price Daniel, page 2. (ww-1244) 

the State Board of Control and the staff of 

the State Pullding Commission. 

"Also, you will note that the original 

resolution of the Texas Legislature, dated 

April 17, 1939, Chapter 16, Acts of the 46th. 

Legislature, Regular Session, makes reference 

to the 'San Jacinto Memorial Tower' as a 

'building' seven times, and in subsequent resolutions and contracts under these resolutions, the structure is referred to as a 

'building' at least 210 times. I attach a 

memorandum from the State Board of Control 

showing the actual usable floor space within 

the building, from which you will note that 

much of the interior of the shaft is used for 

housing, storage, etc. 

'Since this matter is now pending in 

committees of both Houses, I would appreciate 

your earliest possible advice as to whether 

the San Jacinto Memorial Tower and Museum 

Building comes within the provisions of the 

Texas Constitution, for the purposes of State 

Building Commission funds being appropriated 

by the Legislature to do the necessary construction work above mentioned." 

According to the memorandum attached to your request 

the structure contains 34,205 square feet of floor space and is 

constructed In such manner as to contain a basement floor, entrance floor, second floor, third floor, fourth floor, souvenir 

floor, observation floor and elevator machine floor. 

The pertinent provision of Section 51-b of Article 

III of the Constitution of Texas reads as follows: 

The State Building Fund shall 

be expknded by the Commission upon appropriation by the Legislature for the uses and purposes set forth in subdivision (c) hereof. 

"(c) Under such terms and conditions 

as are now or may be hereafter provided by 

law, the Commission may acquire necessary 

real and personal property, salvage and dispose of property unsuitable for State purposes, and negotiate and make contracts 
Honorable Price,llaniel;,~page 3. (W-1244) 

necessary to carry out and effectuate the 

purposes hereinmentioned." 

Section 3 ,of Article 678m, Vernon's Civil Statutes, 

provides: 

"Sex . 3. The Commissiop~ shall have the 

authority to promulgate such rules and regulations as it deems:proper for the effective 

administration of this Act. Under such terms 

and conditions as may be provided by law, the 

Commission may acquire necessary real and personal property, modernize, remodel, build and 

equip buildings for State purposes, and make 

contracts necessary to carry out and effectuate 

the purposes herein mentioned in keeping with 

appropriations authorized by the Legislature. 

Provided, ~however, that the Commission shall 

not sell,or dispose of any real property of 

the,~State; except by specific authority from, 

the Legislature." 

Section 24 of Article 678m, Vernon's Civil Statutes, 

provides: 

"Sec. 24. The State E&llding, Commission 

may, in its discretion, provide for t!e storage 

and display of the archives of Texas.' 

It is our opinion that the structure,~involved in 

your request constitutes a building for State purposes within the meaning of subdivision (c) of Section 51-b, Article 

III of the Constitution of~Texz+s and Section 3 of Article 678m, 

for the reason that such structure is builtin a manner to 

house valuable records and exhibits constituting archives of 

Texas. The structure contains numerous floors and approximately 34,000 square feet of floor space. 

In view of the foregoing you are advised that subdivision (c) of Section 51-b of Article III of the Constitution of Texas and Sections 3 and 24 of Article 678m, Vernon's 

Civil Statutes, above quoted, constitutes pre-existing law for 

the appropriation outlined in your request. 
Honorable Price Daniel, page 4. (~~-1244 ) 

SUMMARY 

The Legislature is authorized to 

appropriate State Building Commission Funds to renovate, equip 

and repair the exterior and interior 

of the San Jacinto Memorial Tower 

and Museum Building. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

JR:lg:zt Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Howard Mays 

Bob Eric Shannon 

Joseph Trimble 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Houghton Brownlee, Jr.