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“P’HE LiTJFORNEY GENERAL 0F TEXAS
ALTSTIN ,~.TEcAH September 9, 1959
Honorable Ralph R. Wolf Executive Director State Building Commission Austin, Texas Opinion No. WW-699 Re:

Dear Mr. Wolf: Authority of the State Building Commission to purchase an original and a copy of a statement of facts used in connectionwith the acquisition of real estate for the State Archives and Library Building. We are in receipt of your recent letter in which you have requested the opinion of this office as to whether the State Building Commissionhas authority to purchase an original and a copy of a statement of facts used in connectionwith the acquisition of real estate for the State Archives and LibraryBuilding and to which appropriation it may be charged.

This officehas held in OpinionNo. WW-633that the State Building Commissionhas authority to engage attorneys to represent the Commission in the trial of civil cases, as an incident to the land acquisitionprogram, where the funds and appropriations for such services permit. Certainly, if the Commissionhas the authority to~engagean attorney to participate in litigation for acquisition of the real estate in question, it also has the authority to pay court costs in connection therewith. A statement of facts being an item of court costs, the Commission is authorized to purchase suchwhen it is deemed necessary or expedient.

The Commission,having authority to purchase the original of a statement of facts, also has authority to purchase a copy of a statement of fact&in accordance. .

Honorable Ralph R. Wolf, page 2 (WW-6%)

with OpinionNo. WW-692, when the Commissiondeems it necessary or expedient in the proper prosecution or defense of law suits in connectionwith the land acquisition program.

As to which appropriationor appropriations such an expenditure is properly chargeable, it is the opinion of this office, in accordancewith OpinionNo, !dW-633, that this expendituremay properlybe charged to the line appropriation "for other salaries or professional services by contract or part time employment."

In OpinionNo. WW-472 this office held that the payment of court costswas a necessary incident to "establishing,planning, constructing,and maintaining a system of highways'and that such costswere properly chargeable to the appropriations "for establishing,planning, constructing,and maintaining a system of highways." In accordwith that opinion it is the opinion of this office that the expendituresunder considerationmay also properky,be chargedto the appropriation I'for the purpose of purchasing lcmd, preparing the site,planning, constructing,and initially equippinga State Library and ArchivesBuilding to house the State Library, General Land Office, State Archives and museum."

SUMMARY The State Building Commissionhas authority to purchase an original and a copy of a statement of facts to be used in connectionwith the acquisition of real estate for the State Archivesand LibraryBuilding and that such expendituresare properly chargeable to the appropriation for "other salaries or professional services" or to the appropriation for the "purchasingof land, preparation of site,
. . .' of the State Archivesand LibraryBuilding.

Yours very truly,

JLE:rm:mfh John L. Estes. .

Honorable Ralph R. Wolf, page 3 (W-699)

APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman William D. Armstrong Robert T. Lewis Fred Werkenthin Charles D. Cabaniss Tom I. McFarling REVIEWED FOR THE ATTORNEYGENERAL BY: W. V. Geppert