HonorableW. J. Burke

Executive Dlrector State Board of Control Austin,Texas

Dear Mr. Burke: Availabllitg,ofmoneys appropriated in Item 79 in theAppropriation to the State Board of Control in House Bill No. 140, Acts o,f'the54th Legislature, to purchaseadditional switch gear and transformers required for the expansion of the Capitol Electrical system. You have requested an opinion on the following question: "Canany of themoney identified in Items 79A and B (andmore specificall,y any residual funds remainin'i;

after the rehabilitation of the heating system be spent for the purchase of the additional swi.tch gear and transformerrequired for the expansion of the Capitol electrical system?" Item 79 of theAppropriation to the State Board of Control in the General,AppropriationAct (House.Bill140,Acts of the 54th Legislature,Regular Session, at Page 1425) provides in part: 1955, Chapter 519, Page 1348

"CAPITOLAND STATE OFFICE FOR theYears Ending

BUILDING August 31, 1956 August 31, "Outof General Revenue.Fund: 1957

“79. Repairs and improvements to Capitol and State Office Buildings and grounds, equip- $100,643 Unexpended ment, materials and labor .. Balance "It ishereby declared to be the Leglslative intent that the foregoingappropriation in the amount of $100,643be spent as nearly as practicable in the followingmanner:Honorable W. J. Burke, page 2 

### w-99

"StateCapitol: For the Years Ending August 

### 31, 1956 August 

### 31,

1957 'a.Replaceworn-out steam radiators, steam traps, and steamwater lines Unexpended as necessary , . . . . 

### 845,860 balance
"b.Repair and rebuild water cooling tower at power plant,and install water lines for air conditioningunits Unexpended in Capitol ; . . . . . 

### 15,000 balance
'c.Repair roof of Capitol 

### 6,000 Unexpended balance

II tt

. . . . . . . . . . . . . . . . . . . . . . . . Item 

### 79 is appropriated for the purpose of making the repairs and improvements to the State Capitol and State Office Buildings and the Legislaturehas expresseda specific intent that the moneys appropriated shall be used as nearly as Qracticable in the replacement of steam radiators and necessary installation for air conditioningunits in the Capitol.

According to your request, additional switch gear and transformersare essential for the expansion of the Capitol electrical system, due to the improvementsprovided for in the appropriationabove set out. Since this expenditure is necessary for the air-conditioningunits and conatltutes a necessary lmprovement to theCapitol and State office Buildings, it is our opinion that the appropriation contained in Item 

### 79may be spent for such purpose.HonorableW. J. Burke, me 

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SUMMARY
Item 

### 79 of the appropriation to the State Board of Control in the current biennium appropriation act may be expended for the purchase of additional switch gear and transformersrequired for the expansion of the Capitol electrical system.

Yours very truly,
WILL WIISON Attorney General of Texas

JR:zt:rh APPROVED: OPINIONCOMMITTEE R. Grady Chandler,

Chairman Arthur Sandlin Richard Stone B. H. Timmins, Jr. REVIEWED FOR THE ATTORNEY GENERAL Geo. P. Blackburn John Reeves Assistant