Honorable Ralph R. Wolf

ExecutiveDirector Texas State Bullding Commission Austin, Texas OpinionNo. 

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Re: Whether or not the State~Building Commission legally may obligate the State Building Fund to the extent and for the purposes set forth in Concurrent Resolution Dear Mr. Wolf: 

### No. 55.

You have requested our opinion on the following question:

"Whether the State Building Commission legallymay obligate the State Building Fund to the extent and for the purposes set forth in Concurrent Resolution No. 

### 55."

House Concurrent Resolution No. 

### 55 is a resolution adopted by the House of Representativeswith the Senate concurrin&directing the Building Commission to proceed immediately to completion of the air-conditioning of the House of Representativeswith air-cooled, electrical, self-containedpackage air-conditioningunits. and co install immediately the necessary electricalwiring to 'completethe air-conditioning of theHouse of Representatives, the Chief Clerk's office, theAppropriation Room, and other committeeand stenographic rooms adjacent to the House of Representativesand located on the first and third floors.

The purposes for which the expenditure of the State Building F'und may be expended is governed by the provisions of subdivision c of Section 51-b of Article III of the Constitution of Texas which provides:Honorable Ralph R. Wolf, Page 2 

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'Under such terms and conditionsas are now or may be hereafter providedby law, the Commissionmay acquire necessary real and personal property, salvage and dispose of propertyunsuitable for State purposes,modernize, remodel, build and equip buildings for State purposes,and negotiateand make contracts necessary to carry out and effectuate the purposes herein mentioned."

Pursuant to the provisions of Section 51-b ofArticle III of the Constitution of~Texas the Legislature enactedArticle 678m,~vernon'sCivil Statutes. Section 9a ofArticle 678m provides:

"The first major modernizing and remodeling program to be undertaken under the provisionsof thisAct shall be the air conditioning of thehalls, offices and committee rooms of theHouse of Representatives and the Senate in the Capitol Building; and to carry out this program of remodelingand modernization the sum of Five Hundred Thousand ($500,000.00)Dollars or so much thereofas may be necessary is hereby appropriated out of the State Building Fund. It is the intention of the Legislature that this air conditioningprogram for the House and Senate shall be the first undertaken and completed, so that such facilitiesmay be ready for legislativeuse at the opening of the 55th Regulzr Session, beginning in January, 1957.

Since the Legislaturehas appropriated Five Hundred Thousand ($500,000.00)Dollars for the air conditioning of the halls, offices and committee rooms of the House of Representativesand the Senate in the Capitol Building and since this appropriation iswithin the purposes for which the State Building Fund may be expended pursuant to the provisionsof Section 51-b of Article III of the Constitution of Texas, you are advised that the State Building Commissionmay legally obligate State Building Fund for the purposes set forth in Concurrent Resolution No. 

### 55 of the 55th Legislature.- - - -

HonorableRalph R. Wolf, Page 3 ~~-108

SUMMARY

The State Building Commissionmay legally obligate the State Building Fund to air condition the House~of Representativeswith air-cooled, electrical, self-containedpackage air conditioningunits, and to install immediatelythe necessary electricalwiring to complete the air conditioningof the House of Representatives, the Chief Clerk's office, the AppropriationRoom, and other committeeand stenographic
rooms adjacent to the House of Representativesand located on the first and third floors.

Yours very truly,

WILL WILSON Attorney General of Texas

JR:am:zt

APPROVED:

OPINION COMMITTEE:

H. Grady Chandler, Chairman

J. C. Davis, Jr.

JohnRoss Lennan

William E. Allen

REVIEWED FOR THE ATTORNEY GENERAL BY: Geo

. P. Blackburn