Honorable W. J. Burke 

Executive Dlrector 

State Board of Control 

Austin,Texas 

Dear Mr. Burke: 

Availabllitg,of moneys 

appropriated in Item 79 

in the Appropriation to 

the State Board of Control 

in House Bill No. 140, 

Acts o,f'the 54th Legislature, to purchase additional switch gear and transformers required for the 

expansion of the Capitol 

Electrical system. 

You have requested an opinion on the following question: 

"Can any of the money identified in Items 

79A and B (and more 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 transformer required 

for the expansion of the Capitol electrical system?" 

Item 79 of the Appropriation to the State Board of Control 

in the General,Appropriation Act (House.Bill 140, Acts of the 

54th Legislature, Regular Session, 

at Page 1425) provides in part: 

1955, Chapter 519, Page 1348 

"CAPITOL AND STATE OFFICE FOR the Years Ending 

BUILDING August 31, 

1956 

August 31, 

"Out of 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 is hereby declared to be the Leglslative intent 

that the foregoing appropriation in the amount of 

$100,643 be spent as nearly as practicable in the following manner: 
Honorable W. J. Burke, page 2 w-99 

"State Capitol: For the Years Ending 

August 31, 

1956 

August 31, 

1957 

'a. Replace worn-out steam 

radiators, steam traps, 

and steam water lines Unexpended 

as necessary , . . . . 845,860 balance 

"b. Repair and rebuild 

water cooling tower at 

power plant, and install water lines for 

air conditioning units 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 Legislature has expressed a specific intent 

that the moneys appropriated shall be used as nearly as Qracticable in the replacement of steam radiators and necessary installation for air conditioning units in the Capitol. 

According to your request, additional switch gear and 

transformers are essential for the expansion of the Capitol electrical system, due to the improvements provided for in the appropriation above set out. Since this expenditure is necessary for 

the air-conditioning units and conatltutes a necessary lmprovement to the Capitol and State office Buildings, it is our opinion 

that the appropriation contained in Item 79 may be spent for such 

purpose. 
Honorable W. J. Burke, me 3 w-99 

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 transformers required 

for the expansion of the Capitol 

electrical system. 

Yours very truly, 

WILL WIISON 

Attorney General of Texas 

JR:zt:rh 

APPROVED: 

OPINION COMMITTEE 

R. Grady Chandler, 

Chairman 

Arthur Sandlin 

Richard Stone 

B. H. Timmins, Jr. 

REVIEWED FOR THE ATTORNEY GENERAL 

Geo. P. Blackburn 

John Reeves 

Assistant