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-Mministration Fund 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 681 R.C.S. apply to the Texas Employment Commission in its expenditure of funds out of the 

Unemployment Compensation Administration Fund (Art. 

522113-11, V.C.S.) for repairs and improvements to 

an air-conditioning unit in a Commission-owned 

building ? 

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

and 681 R.C.S. apply to the Texas Employment Commission in its expenditure of funds out of the Unemployment Compensation Special Administration Fund (Art. 

5221b-22a V.C.S.), for preliminary studies as to the 

needs, cost and size of a Texas Employment Commission 

office building, such studies not intended to be the 

plans and specifications finally 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 shall have charge 

and control of all public buildings, grounds and 

property of the State, and is the Custodian of all 

public personal property, and is charged with the 

responsibility to properly care for and protect such 

property from damage, intrusion or Improper usage, 

11 . . . 

lows : 

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

"The Board shall prepare plans and specifications for improvement and 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 buildings and offices are 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 state where designing 

is not otherwise provided by law or by its appropriatfon bill; but in no instance shall plans or designs 

be adopted by the head of any department, board, institution, or school, other than the state educational institutions of higher learning and 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 office has for many years recognized the unusual 

status of the Texas Employment Commfssion in its position as an 
Honorable S. Perry Brown, page 3 (WW-259) 

agency of the State of Texas, whose activities, because of the 

nature of its work and the ultimate source of its appropriations, 

must of necessity be closely coordinated with those of the Federal Government. This position has been thoroughly discussed in 

a series of prior Attorney General's Opinions: o-3737 (19411, 

O-5524 (19431, V-427 (1947) and V-5& (1948). 

These opinions hold that the Texas Employment Commission may purchase supplies and 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 accordance with the rules and regulations prescribed by the Federal agency, 

We believe that the reasoning set forth in these prior 

opinions applies with equal force to the expenditure of funds out 

of the Unemployment Compensation Administration Fund for repairs 

and improvements to an air-conditioning unit in a Commission-owned 

building, In examining this expenditure, we are again called upon 

to construe the provisions of Article 5221b-9, Vernon's Civil Statutes. and Article 5221b-11 Vernon's Civil Statutes, which deal 

with the administration of the Texas Employment Commission and the 

establishment of the Unemployment Compensation Administration Fund 

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, 673 and 681, Vernon's Civil 

Statutes. would be to invite conflict and contravene the clear 

intent of the Legislature as expressed in Articles 5221b-9 and 

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-conditioning unit in a Commission-owned building 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 deals with the application of 

these same articles to an expenditure of funds for the preliminary studies needed in conjunction with the proper construction 

of a Texas Employment Commission office building. You indicate 

that these funds are to be expended out of the Unemployment Compensation Special Administration Fund. This fund is provided for 

under the provisions of Article 5221b-22a. While the fund involved in your first,question and that considered in the prior 

Attorney General's Opinions quoted is the Unemployment Compensation Administration Fund, as provided for by Article 522113-11. 

Vernon's Civil Statutes, we fail to find any significant variation 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 reason we believe that Attorney 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 that Articles 665, 670, 673 and 681, Vernon's Civil Statutes, are not applicable to an expenditure of funds from the Unemployment Compensation Special Administration Fund for the purpose of paying the cost of preliminary studies needed in conjunction with 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, 673 and 681, Vernon's Civil 

Statutes, do not apply to the Texas Employment Commission in its expenditure of funds out of the Unemployment Compensation Administration Fund and the Unemployment Compensation Special Administration Fund under 

the stated facts. 

Very truly yours, 

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 THE ATTORNEY GENERAL 

BY: James N. Ludlum 

C. Rivers. Jr. 

Assistant