. . 

“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 

connection with 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 Commission has authority to 

purchase an original and a copy of a statement of facts 

used in connection with the acquisition of real estate 

for the State Archives and Library Building and to which 

appropriation it may be charged. 

This office has held in Opinion No. WW-633 that 

the State Building Commission has authority to engage 

attorneys to represent the Commission in the trial of 

civil cases, as an incident to the land acquisition program, where the funds and appropriations for such services 

permit. Certainly, if the Commission has the authority 

to ~engage an 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 such when 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 Opinion No. WW-692, when the Commission deems it 

necessary or expedient in the proper prosecution or 

defense of law suits in connection with the land acquisition program. 

As to which appropriation or appropriations such 

an expenditure is properly chargeable, it is the opinion 

of this office, in accordance with Opinion No, !dW-633, 

that this expenditure may properly be charged to the line 

appropriation "for other salaries or professional services 

by contract or part time employment." 

In Opinion No. WW-472 this office held that the 

payment of court costs was a necessary incident to "establishing, planning, constructing, and maintaining a 

system of highways'and that such costs were properly 

chargeable to the appropriations "for establishing, planning, constructing, and maintaining a system of highways." 

In accord with that opinion it is the opinion of this 

office that the expenditures under consideration may also 

properky,be charged to the appropriation I'for the purpose 

of purchasing lcmd, preparing the site, planning, constructing, and initially equipping a State Library and 

Archives Building to house the State Library, General Land 

Office, State Archives and museum." 

SUMMARY 

The State Building Commission has 

authority to purchase an original 

and a copy of a statement of facts 

to be used in connection with the 

acquisition of real estate for the 

State Archives and Library Building 

and that such expenditures are properly chargeable to the appropriation 

for "other salaries or professional 

services" or to the appropriation 

for the "purchasing of land, preparation of site, . . .' of the State 

Archives and Library Building. 

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 ATTORNEY GENERAL 

BY: W. V. Geppert