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 State Building Commission is required to furnish 

State agencies with 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 agencies with utility 

services. The following is quoted from the Act, under the 

heading of BUILDING COMMISSION: 

"Any balances 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 property heretofore or hereafter acquired by the Building Commission as long 

as said property is used to house State agencies, 

or is leased to private individuals or Is in need 

of emergency protective 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 appropriation made in item 10 above for 

accomplishing the same purpose." 

It has been contended that the phrase "repair, maintenance, and operation" should be construed to require the 

State Bul~lding Commission to pay the cost of utility services 

for State agencies housed in properties made available by the 

Commission. As construed by 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 State buildings to the Board of 

Control when construction is completed and State agencies are 

housed therein. 

Senate Bill 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 is made for utilities of any sort. 

It would thus seem apparent that the Legislative appropriation 

for the Board of Control was intended to fulfill the utility 

needs of the State agencies quartered in the Capitol area. 

It is a settled rule that the express mention or ~enumeration 

of one person, thing, consequence, or class Is equivalent to 

an express exclusion of all others. State v. 'Maurtz-Wells: 

co., 141 Tex. 634, 175 S.W.2d 634 (1943). 

- 

Please be advised that it Is the opinion of this 

office that the use of the phrase "repair, maintenance, and 

operation,R as used in the quoted Appropriation Act, is intended to require the State Building Commission to maintain 

and operate State property up to the time of its occupation 

by a State agency; at which point the responsibility for 

management and control, including the furnishing of utility 

services, passes to the Board of Control. 

SUMMARY 

Under the provisions of Senate Bill No. 

1, 57th Legislature, First Called Session, 

the State Building Commission is not required 

to furnish State agencies with utility services. 

Very truly yours, 

WILL WILSON 

Attorney General of Texas 
Admiral H. R. Nieman, Jr., Page 3 (w-1221) 

&& 

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.