The Honorable Joe Allen, Chairman 

Committee on House Administration 

House of Representatives 

Austin, Texas 

Opinion No. H- 184 

Re: Obligation of House of 

Representatives to 

furnish space to members 

of the press. 

Dear Representative Allen: 

On behalf of the Committee on House Administration you have 

asked us several questions bearing upon the use of space in the Capitol 

building by members of the media. Specifically, your questions are: 

“1. What obligation does the House of Representatives have 

with regard to providing rent free space to members of the 

media in the Capitol Building? 

“2. Are there any precedents in other states law or federal 

law regarding providing space to members of the media? 

“3. If space is provided to some members of the media, does 

the House of Representatives have an obligation,to provide 

space to all legitimate members of the media?. 

“4. If the House of Representatives does not have to provide 

space to all members of the media, what means should be 

used to differentiate between members of the media? ” 

In 1954 the Constitution of Texas was amended by the addition of 

5 51-b of Article 3 which provides for the creation of the State Building 

Commission and the State Building Fund. It provides that the Commission 

shall have broad powers over the acquisition and disposition of property 

to be used for state offices. It provides that the first building to be 

p. 854 
The Honorable Joe Allen, page 2 (H-184) 

built out of the Fund is one to be devoted to the use and occupancy of 

the Supreme Court and such other courts and agencies as may be 

provided by law. 

Pursuant to the mandate contained in this amendment, the 

Legislature adopted Article 678m, V. T. C, S. It provides in its § 23: 

“When the Supreme Court of this State, the Court 

of Criminal Appeals, the offices of the Attorney General 

and the State’s Attorney and the Supreme Court Library 

shall have moved from the State Capitol Building, the 

Board of Control is directed to make available for the 

use and occupancy of the Legislature such offices and 

committee rooms as the Legislature shall consider 

necessary and appropriate for the efficient conduct of 

the affairs of the House of Representatives and the 

Senate; . . . :’ 

The functions and duties of the Board of Control are covered 

by Title 20 of the Texas Statutes. Chapter 4 has to do with the public 

buildings and grounds division. Article 665 provides: 

“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, . . . . And the Board shall 

be authorized to provide for the allocation of space in 

any of the public buildings to the departments of the 

State Government and for the uses authorized by law to 

have an occupied space in the State buildings, . . . . 

Said Board of Control shall remove all occupants of all 

committee rooms in the Capitol, keep them free for 

Legislative work. Provided, however, that the allocation of any space affecting the quarters of either 

House of the Legislature, must have the approval of 

p. 855 
The Honorable Joe Allen, Rage 3 (H-184) 

the Speaker of the House of Representatives or the 

Lieutenant Governor, the approval being for the quarters 

allocated to the particular House affected. ” 

Article 667 provides: 

“The Board [of Control], during the recess of the 

Legislature, shall have charge and control of the halls, 

chambers, and committee rooms of the State Capitol Building except as hereinafter provided. B&re the assembling 

of each session of the Legislature, the Board shallprepare 

the different rooms for the use of the Legislature.” 

As we construe this statntory history, the Board of Control has been 

authorized by the Legislature to allocate space in the Capitol Building. A 

purely technical answer to your first question, therefore, would be that the 

House of Representatives has no obligation to provide space to the members 

of the media in the Capitol Building. However, we would call to your attention the fact that, despite a delegation of these various powers to the Board 

of Control, nevertheless, the Legislature may exercise such powers as it 

will; provided it does not act contrary to the provisions of $ 51-b of Article 

3 or other provisions of the Constitution. Thus, for instance, inconley v. 

Texas Division of the United Daughters of the Confederacy, l&SW. 24 

(Tex. Civ. App., Austin, 1913, err. ref’d.) it was held that, notwithstanding 

the fact that the superintendent of public buildings and grounds had been 

given authority to take charge and control of all public buildings, the Legislature retained the right to designate and set apart rooms in the Capitol for 

purposes it deemed proper. 

Therefore, while neither the Legislature nor the Board of Control is 

under obligation to allocate space to members of the media in the Capitol 

Building, free or otherwise, they may do so. Also, in the absence of 

legislation authorizing the collection of rent, no rental may be charged for 

space made available to members of the media or to others in state buildings. 

Tarrant County v. Ratikan Title Company, ,199 S. W.’ 2d 269 (Tex. Civ.App., 

Ft. Worth, 1947, no writ). 

p. 856 
The Honorable Joe Allen, page 4 (H-184) 

We do not see that the furnishing of free space to the media 

for proper media purposes in the Capitol Building would run contrary 

to Article 3, $51 of the Constitution which provides that the Legislature 

may not make any grant of public moneys to any individual. The 

provision does not prohibit the use of public funds or properties 

for public purposes, even though a private agency is used to achieve 

the purpose. Friedman v. American Surety Company of New York, 

151 S. W. 2d 570 (Tex. 1941); Davis V. City of Lubbock, 326 S. W. 2d 

699 (Tex. 1959); Bexar County Hospital District v. Crosby, 327 S. W. 

2d 445 (Tex. 1959); State v. City of Austin, 331 S. W. 2d 737 (Tex. 

1960); Bullock v. Calvert, 480 S. W. 2d 367 (Tex. 1972); Attorney 

General Letter Advisory No. 6 (1973) and authorities there citied. 

One substantial public purpose furthered in the provision of space to 

the media is the public purpose advanced in the enactment of the 

Open Meetings Law (Article 6252-17, amended Acts 1973, 63rd. Leg., 

ch. 31, p. 45) “of assuring that the public has the opportunity to be 

informed concerning the transactions of public business. ” Toyah 

Independent School District. ‘cr. Pecos - Baistow Independent School 

District, ‘466 S. W. 2d 377 .(Tex. Civ. App. , San Antonio, 1971, no writ). 

Our answer to your first question therefore is that the House 

of Representatives has no constitutional or statutory obligation to 

provide rent free space to members of the media in the Capitol 

Building but that, consistent with our traditional notions of open 

government and the need for an informed citizenry, and consistent 

with the purposes of the Gpen Meetings Law, the House and/or 

the Board of Control are amply justified in making a reasonable 

amount of space available for proper media purposes. And see 

Article 3. $16, and Article 1, $8, Constitution of Texas, 

To your second question we would add that we have found no 

specific statutes or cases in the law of other states or the United 

States with would have any precise bearing upon our answers to 

your questions. Of course, the laws of all of our states and of 

the nation encourage a diligent press and an informed citizenry. 

p. a57 
The Honorable Joe Allen, page 5 (H-184) 

Your third and fourth questions ask whether the House has an obligation to provide space to all legitimate members of the media and, if it 

does not, what means should be used to differentiate between members of 

the media. 

Assuming that the space provided to the members of the media is 

insufficient to meet the needs of “all legitimate members of the media, ” 

it is our opinion that the House of Representatives or whoever else allocates 

the space, may do so in one of several ways, the only requirements being 

that the classifications of those who are to have space and those who are not 

must be reasonable and must not be based upon any unconstitutional discrimination. 

SUMMARY 

Neither the House of Representatives nor the Board 

of Control is under any constitutional or statutory obligation 

to furnish rent free space to members of the media in the 

State Capitol Building. However, they may provides space 

for the proper public purpose of keeping the people informed. 

If such space is provided, it must be provided either to all 

legitimate members of the .media or allocated upon a reasonable basis which does not unconstitutionaly discriminate in 

determining who shall and who shall not be afforded space. 

Attorney General of Texas 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 858