### A MAY GENERAL EXAS

Hon. CharlesA. Murphy, Director Texas AeronauticsCommission 204 West Sixteenth Street Austin, Texas Opinion Ro. c-568 Rez Whether the expenditureof Items 7, 8 and 9 of the ApproRropflationto the. Aaxonautics Commission, as provided in House Bill 12 of the 59th Le islature, Regular Session, 1965 $Oeneral Appropriation

Act), is subject to the provisionsof House Bill 37, Acts of the 59th Legislature, Regular Session, 1965, known as the State Building Construction Dear Mr. Murphyt Administration Act. Ynu have requested the opinion of this office on whether the expenditureof Items 7, 8 and 9 of the Appropriationto the AeronauticsCommission,as provided in House Bill 12 of the 59th Legislatufe,

Regular Session, 1965 (General ApproprSation

Act) is subject to the provisions of House Bill 37, Acts of,the 59th Legislature,~

Regulars

Session, 1965, known as the State Building Construction

Administration

Act. Items 7, 8 and 9 of the Appropriationto the Aeronautics Conmission,contained in House Bill 12, Acts of the 59th Legislature (General

Appropriation

Act for the biennium endingAugust 31, 1967), provide: "For the Years Rnding August 31, 1966 August 31,

1967 n7. For hard-surfacing and lighting the landing strip at Falcon State Park, by contract or interagency agreement
. . . . . . . . . . . $ 30,000 U.B.

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“8. For hard-surfacing and iighting the lending strip at Lake Whitney State Park, by contract or interagency agreement
. . . . . . . . . . 30,000 U.B. "9. For the acquisition,construction, or maintenanceof airstrips,airports, and other air navigational facilitiesin cooperation with local political subdivisions,communities,persons and the Federal Government
. . . . . . . . . . . 200,000 200,000 & U.B." The foregoing Items 7 and 8 contemplate airstrip construction on behalf of State agencies. The State Building Construction Act (HouseBill 37, 59th Legislature,1965, codifiedas Article 678f, Vernon's Civil Statutes),provides that the State Building Commissionshall superviseand administer the construction of buildings on behalf of the State. It is the opinion of this office that the airstripsand lighting facilitiesthat are authorizedby the foregoing Items 7 and 8 are not "buildings"of the type contemplated by the said State Building Construction Act, and therefore the AeronauticsCommissionhas the authority to expend the monies appropriated by the aforementioned Items 7 and 8. With regard to Item 9, supra, Section 4 of the State Building Construction

Act contains specific exclusions as to
. . . "(B) State-aidedlocal governmentprojects of any characternhatever.' It is thereforethe opinion of this office that the expenditure of monies appropriated by Item 9 is specificallyexcluded from the provisionsof the State Building Construction Act. You are thereforeadvised that monies expended for the construction,

repair-andimprovementof airports,as provided in the above-quoteditems of appropriation, are not subject to the provisionsof the State Building Construction Act (HouseBill 37, 59th Legislature,1965, codified as Article 678f, Vernon's Civil Statutes). S,UN %A R Y

Expenditureof money by the Aeronautics Commissionfor the purposes set out in Items 7, 8 and 9,of the appropriationto the Aeronautics Commissionis not subject to the provisions of House Bill 37, Acts of the 59th

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Legislature, as the State trationAct. Rear Session, 1965, known

Building ConstructionAdninisVery truly yours, kJAGGOXER

CARR Attorney General

Malcolm L. Quick Assistant MLQ:ms APPROVEDr OPINION CONMITTEE W. V. Gkppert, Chairman John Banks Kerns Taylor George Gray Grady Chandler APPROVE3 FOR THE ATTORNEY GENERAL By: T. B. Wright

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