A MAY GENERAL 

EXAS 

Hon. Charles A. Murphy, Director 

Texas Aeronautics Commission 

204 West Sixteenth Street 

Austin, Texas 

Opinion Ro. c-568 

Rez Whether the expenditure of 

Items 7, 8 and 9 of the ApproRropflation to the. Aaxonautics 

Commission, as provided in House 

Bill 12 of the 59th Le islature, 

Regular Session, 1965 $Oeneral 

Appropriation Act), is subject 

to the provisions of 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 expenditure of Items 7, 8 and 9 of the Appropriation to the 

Aeronautics Commission, 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 Appropriation to the Aeronautics 

Conmission, contained in House Bill 12, Acts of the 59th Legislature (General Appropriation Act for the biennium ending August 

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. 

-2746; 
Hon. Charles A. Murphy, page 2 (C-568) 

“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 maintenance of airstrips, airports, and other air navigational 

facilities in 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 (House Bill 37, 59th Legislature, 1965, codified as 

Article 678f, Vernon's Civil Statutes), provides that the State 

Building Commission shall supervise and administer the construction of buildings on behalf of the State. It is the opinion of 

this office that the airstrips and lighting facilities that are 

authorized by the foregoing Items 7 and 8 are not "buildings" of 

the type contemplated by the said State Building Construction Act, 

and therefore the Aeronautics Commission has 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-aided local government projects of any character nhatever. ' It is therefore the opinion of this office that the expenditure of monies appropriated by Item 9 is specifically excluded from the provisions of the State Building Construction Act. 

You are therefore advised that monies expended for the 

construction, repair-and improvement of airports, as provided in 

the above-quoted items of appropriation, are not subject to the 

provisions of the State Building Construction Act (House Bill 37, 

59th Legislature, 1965, codified as Article 678f, Vernon's Civil 

Statutes). 

S,UN %A R Y 

Expenditure of money by the Aeronautics 

Commission for the purposes set out in Items 

7, 8 and 9,of the appropriation to the Aeronautics Commission is not subject to the provisions of House Bill 37, Acts of the 59th 

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Hon. Charles A. Murphy, page 3 (c-568) 

Legislature, 

as the State 

tration Act. 

Rear Session, 1965, known 

Building Construction AdninisVery 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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