Honorable Ralph R. Wolf 

Executive Director 

Texas State Bullding Commission 

Austin, Texas Opinion No. wW-108 

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 legally may 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 Representatives with the 

Senate concurrin&directing the Building Commission to 

proceed immediately to completion of the air-conditioning 

of the House of Representatives with air-cooled, electrical, self-contained package air-conditioning units. and co 

install immediately the necessary electrical wiring to 

'complete the air-conditioning of the House of Representatives, the Chief Clerk's office, the Appropriation Room, 

and other committee and stenographic rooms adjacent to the 

House of Representatives and 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 ww-1.08 

'Under such terms and conditions as 

are now or may be hereafter provided by 

law, the Commission may acquire necessary 

real and personal property, salvage and 

dispose of property unsuitable for State 

purposes, modernize, remodel, build and 

equip buildings for State purposes, and 

negotiate and make contracts necessary to 

carry out and effectuate the purposes 

herein mentioned." 

Pursuant to the provisions of Section 51-b of Article III of the Constitution of~Texas the Legislature enacted Article 678m,~vernon's Civil Statutes. Section 9a 

of Article 678m provides: 

"The first major modernizing and 

remodeling program to be undertaken under 

the provisions of this Act shall be the air 

conditioning of the halls, offices and committee rooms of the House of Representatives 

and the Senate in the Capitol Building; and 

to carry out this program of remodeling and 

modernization the sum of Five Hundred 

Thousand ($500,000.00) Dollars or so much 

thereof as may be necessary is hereby appropriated out of the State Building Fund. It 

is the intention of the Legislature that this 

air conditioning program for the House and 

Senate shall be the first undertaken and 

completed, so that such facilities may be 

ready for legislative use at the opening of 

the 55th Regulzr Session, beginning in 

January, 1957. 

Since the Legislature has appropriated Five Hundred Thousand ($500,000.00) Dollars for the air conditioning of the halls, offices and committee rooms of the House 

of Representatives and the Senate in the Capitol Building 

and since this appropriation is within the purposes for 

which the State Building Fund may be expended pursuant to 

the provisions of Section 51-b of Article III of the 

Constitution of Texas, you are advised that the State 

Building Commission may legally obligate State Building 

Fund for the purposes set forth in Concurrent Resolution 

No. 55 of the 55th Legislature. 
- - - - 

Honorable Ralph R. Wolf, Page 3 ~~-108 

SUMMARY 

The State Building Commission may 

legally obligate the State Building 

Fund to air condition the House~of 

Representatives with air-cooled, 

electrical, self-contained package 

air conditioning units, and to install immediately the necessary 

electrical wiring to complete the 

air conditioning of the House of 

Representatives, the Chief Clerk's 

office, the Appropriation Room, and 

other committee and stenographic 

rooms adjacent to the House of Representatives and 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. 

John Ross Lennan 

William E. Allen 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: 

Geo . P. Blackburn