THEA~ORNEY GENERAL
oFT~xm3

September 

### 18, 1957

Honorable S. Perry Brown Chairman and Executive Director Texas Employment Commission Austin,Texas Opinion No. 

### W-259

Dear Sir: Re: Do kticles 

### 665, 670, 673 and 

### 681, Vernon's Civil Statutes, apply to the Texas Employment Commission in its expenditure of funds out of the Unemployment Compensation L-MministrationFund and the Unemployment Compensation Special Administration Fund under the stated facts?

You have requested an opinion of this office concerning the application of &ticles 

### 665, 670, 673 and 

### 681,Vernon's Civil Statutes, to certain expenditures of the Texas Employment Commission. Subsequently,you presented the following questions in lieu of those posed in your original requests

"1. Whether or not Articles 665,.670, 673 and 

### 681R.C.S. apply to the Texas Employment Commission in its expenditure of funds out of the Unemployment CompensationAdministrationFund (Art. 522113-11,

V.C.S.) for repairs and improvements to an air-conditioningunit in a Commission-owned building?

"2. Whether or not Articles 665, 670, 673' and 

### 681R.C.S. apply to the Texas Employment Commission in its expenditure of funds out of the Unemployment Compensation Special AdministrationFund (Art. 5221b-22a V.C.S.), for preliminary studies as to the needs, cost and size of a Texas Employment Commission office building, such studiesnot intended to be the plans and specificationsfinally adopted for construction of the building?"

We shall answer your questions in the order presented.-- ,-

Honorable S. Perry Brown, page 2 (W-259)

Article 665,Vernon's Civil Statutes,reads in part
as follows:
"The State Board of Control shallhave charge and control of all public buildings, grounds and property of the State, and is the Custodian of all public personal property,and is chargedwith the responsibility to properly care for and protect such property from damage, intrusion or Improperusage, 11

. . .

lows: Article 670,Vernon's Civil Statutes. reads as fol-

"The Board shall prepare plans and specifications for improvementand repairs to public buildings or property of the State,and shall superintend through its division of public buildings and grounds, the construction of said work when such supervision is not otherwise especially provided for by law."
Article 673,Vernon's Civil Statutes,reads as follows:

When needed improvements or repairs for respective buildingsand officesare called to the attention of the Board by the heads of such departments or offices, the Board shall provide for such repairs or improvements,and they shall be made under its direction."
Article 681, Vernon's Civil Statutes. reads as follows:

"The State Board of Control, through its chfef of such division, shall design all public buildings erected at the expense of the statewhere designing is not otherwiseprovided by law or by its appropriatfon bill; but in no instance shall plans or designs be adopted by thehead of any department,board, institution, or school, other than the state educational institutions of higher learningand the Texas Prison System, and the Texas State Board for hospitals and special schools,unless such design and plans have been approved by the Board. Acts 1919, p 

### 326; Acts 

### 1949, 51st Leg., p. 606 ch. 323 6 1."
This officehas for many years recognized the unusual status of the Texas Employment Commfssion in its positionas anHonorable S. Perry Brown, page 

### 3 (WW-259)

agency of the State of Texas,whose activities, because of the nature of itswork and the ultimate source of its appropriations, must of necessity be closely coordinatedwith those of the Federal Government. This positionhas been thoroughlydiscussed in
a series of priorAttorney General's Opinions: 

### o-3737 (19411, O-5524 

### (19431,

V-427 

### (1947)and 

### V-5& (1948).

These opinionshold that the Texas Employment Commissionmay purchase suppliesand equipment and rent office space without the approval of the State Board of Control. It is pointed out that to require the approval of the Board of Control in such matters would be to invite conflict, inasmuch as both federal and state laws indicate that the funds received from the Federal Government shall be expended in accordancewith the rules and regulations prescribedby the Federal agency,

We believe that the reasoning set forth in these prior opinionsapplies with equal force to the expenditure of funds out of the Unemployment CompensationAdministrationFund for repairs and improvements to an air-conditioningunit in a Commission-owned building, In examining this expenditure,we are again called upon to construe the provisions of Article 5221b-9,Vernon's CivilStatutes. and Article 5221b-11 Vernon's Civil Statutes,which deal with the administration of the Texas Employment Commissionand the establishment of the Unemployment CompensationAdministrationFund For the same reasons set forth in the above quoted opinions,we believe that to require Texas Employment Commission to comply with the provisions of Articles 

### 665, 670,673and 

### 681,Vernon's Civil Statutes.would be to invite conflictand contravene the clear intent of the Legislatureas expressed in Articles 5221b-9and 5221b-11,Vernon's Civil Statutes. We are therefore of the opinion that an expenditure of funds for the repair and improvement to an air-conditioningunit in a Commission-ownedbuilding does not fall within the provisions of Articles 

### 665, 670, 6'73 and 681, Vernon's Civil Statutes,and must answer your first question in the negative.
Your second question dealswith the application of these same articles to an expenditure of funds for the preliminary studies needed in conjunctionwith the proper construction of a Texas Employment Commission officebuilding. You indicate that these funds are to be expended out of the Unemployment Compensation SpecialAdministrationFund. This fund is provided for under the provisions of Article 5221b-22a. While the fund involved in your first,questionand that considered in the prior Attorney General's Opinionsquoted is the Unemployment Compensation AdministrationFund, as provided for by Article 522113-11. Vernon's Civil Statutes,we fail to find any significantvariation in the provisions of Article 5221b-22a,Vernon's Civil Statutes, and those of Article 5221b-11.Vernon's Civil Statutes.Honorable S. Perry Brown, page 4 

### (w-259)

which would in any way affect the applicability of the prior Attorney General's Opinions cited in answering your first question.

For this reasonwe believe thatAttorney General's Opinions

### O-3737 (19411,O-5524 

### (1943), V-427 

### (1947)and V-504 

### (1948)correctly state the law on this point and we are of the opinion thatArticles 

### 665, 670, 673and 

### 681,Vernon's Civil Statutes, are not applicable to an expenditure of funds from the Unemployment CompensationSpecial AdministrationFund for the purpose of paying the cost of preliminary studiesneeded in conjunctionwith the proposed construction of a Texas Employment Commission Office Building. We, therefore,answer your second question in the negative.

This opinion is only applicable to the factual situation presented.

SUMMARY

Articles 

### 665,670, 673and 

### 681,Vernon's Civil Statutes,do not apply to the Texas Employment Commission in its expenditure of funds out of the Unemployment CompensationAdministration Fund and the Unemployment Compensation Special AdministrationFund under the stated facts.
Very trulyyours,

WILL WILSON Attorney General of Texas

WCR:pf:wb

APPROVED:

OPINION COMMITTEE Geo. P. Blackburn. Chairman Joe Rollins Milton Richardson B. H. Timmins. Jr. Houghton Brownlee Jr.
REVIEWED FOR THEATTORNEY GENERAL BY: James N. Ludlum C. Rivers. Jr. Assistant