AhvSTIN 2.1. TEXAS

December 14, 1961

Adm. H. R. Nieman, Jr. Opinion No. W-1221 Executive Director State Building Commission Re: Austin 1, Texas

Dear Admiral Nieman: Whether, under the provisions of Senate Bill No. 1, of the 57th Legislature, First Called Session, the the StateBuilding Commission is required to furnish State agencieswith utility services.

You have requested the opinion of this office as to whether, under the provisions of Senate Bill No. 1 of the 57th Legislature, First Called Session, the State Building Commission is required to furnish certain State agencieswith utility services. The following is quoted from the Act, under the heading of BUILDING COMMISSION:

"Anybalances as of August 31, 1961, remaining in the special fund specified in Section 3 of Chapter 465, Acts 1957, Fifty-fifth Legislature, and any receipts to such funds during the biennium ending August 31, 1963, are hereby approprrated to the Building Commission for repair,maintenance, and operation of any propertyheretofore or hereafter acquiredby the Building Commissionas long as saidproperty is used to house State agencies, or is leased to private individuals or Is in need of emergencyprotective attention; and in the event the above appropriation for repair,maintenance and operation of such property Is inadequate the Building Commission is authorized~to disburse such amount as may be deemed necessary from the appropriationmade in item 10 above for accomplishing the samepurpose." It has been contended that the phrase "repair,maintenance, and operation" shouldbe construed to require the StateBul~ldingCommission to pay the cost of utility services for State agencieshoused in propertiesmade availableby the Commission. As construedby this office, the phrase imposes no such requirement.Admiral H. R. Nieman, Jr., page 2 (WW-1221)
Section 7 of Article 678m,Vernon's Civil Statutes, provides that the State Building Commission shall transfer management and control of Statebuildings to the Board of Controlwhen construction is completed and State agencies are housed therein.

SenateBill No. 1, 57th Legislature,First Called Session,under the heading BOARD OF CONTROL,provides:

"8.Utilities,Water Fuel and Lights "For the Years Ending August 31, August 31, 1962 1963
$300,000 $32!&0"II

. . For other State agencies quartered in the Capitol area, no appropriation ismade for utilities of any sort. It would thus seem apparent that the Legislativeappropriation for the Board of Controlwas intended to fulfill the utility needs of the State agencies quartered in the Capitol area. It is a settled rule that the expressmention or~enumeration of one person, thing, consequence,or class Is equivalent to an express exclusion of all others. Statev. 'Maurtz-Wells: co., 141 Tex. 634, 175 S.W.2d 634 (1943). -

Pleasebe advised that it Is the opinion of this office that the use of the phrase "repair,maintenance, and operation,Ras used in the quotedAppropriationAct, is intended to require the StateBuilding Commission tomaintain and operate State property up to the time of its occupation by a State agency; at which point the responsibilityfor management and control, including the furnishing of utility services,passes to the Board of Control.

SUMMARY

Under the provisions of SenateBill No. 1, 57th Legislature,First Called Session, the State Building Commission is not required to furnish State agencieswith utility services. Very truly yours, WILL WILSON AttorneyGeneral of TexasAdmiral H. R. Nieman, Jr., Page 3 (w-1221)



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Assistant'

APERaVE?: OPINION COMMITTEE W. V. Geppert, Chairman Riley Eugene Fletcher Eugene B. Smith Morgan Nesbitt Linward Shivers
REVIEWED FOR THE ATTORNEY GENERAL BY: Houghton Brownlee, Jr.