May 6, 1965 

Hon. W. S.Heatly, Chairman 

Appropriations Committee 

House of Representatives 

Austin, Texas 

Opinion No. C-431 

Re: Constitutlonallty of 

Rouse ~lll 16, relating 

to appropriation for 

construction of a building at "HemisFalr 1968” 

in the City of San 

Dear Representative neatly: Antonio. 

Your request for an opinion reads as follows: 

"Attached hereto is a copy of H.B. 16 

by the Honorable Glenn Kothmann of San Antonio. 

There has been some question as to the constitutionality of this bill under Article 16, Section 60 of the Constitution of the State of Texas. 

"I would appreciate it If you would give 

me an opinion as to the constitutionality of 

this proposed legislation. 

"Your earl% attention to this matter will 

be appreciated. 

Section 4 of House Bill 16 of the 59th Legislature, 

provides as follows: 

"From funds hereby appropriated, and with 

the approval of the State Building Commission, a 

structure shall be planned and constructed for 

housing appropriate Texas State Exhibits for 

HemisFalr and due consideration also be given to 

Its utility for State Government purposes after 

the Fair. The structure is to be placed on an 

appropriate site, of approximately 3 l/2 acres, 

within the total site planned for HemlsFalr 1968, 

and on land to be deeded, without cost, to the 

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,: 

Hon. W. S. Healty, page 2 (C-431) 

State of Texas, title to which shall have the 

prior approval of the Attorney General." 

The other provisions of House Bill 16 relate to duties 

of various State departments and agencies in connection with 

the structure provided for in Section 4. 

Section 60 of Article XVI of the Constitution of Texas 

provides:; 

"That the Constitution of the State of Texas 

be so amended as to authorize a Texas Centennial, 

commemorating the heroic period of early Texas history, and celebrating a century of our Independence 

and progress, to be held at such times, places and 

in such manner as may be deaknated by the Leglslature of Texas. 

“That the Legislature of Texas be authorized 

to make apppoprlatlon for the support and malntenante thereof;, provided, that this authorization 

shall not be construed to make appropriations for 

,any other future exposition or celebration of any 

kind or character." 

It Is noted that the provisions of Section 60 are only 

applicable to expenditure of State monies in connection with the 

Texas Centennial and are not therefore applicable to the Construction of a building at the HerniaFaIr In San Antonio. 

However, Section 56 of Article XVI of the Constitution 

of Texas provides in part as follows: 

"The Legislature of the State of Texas shall 

have the power to appropriate money and establish 

the procedure necessary to expend such money for 

the purposes of developing Information about the 

historical, natural, agricultural, industrial, 

educational, marketing, recreational and living 

resources of Texas,. . ." 

Subdivision (c) of Section 51-b of Article III of the 

Constitution of Texas, authorizes the State Building Commission 

to: 

"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 

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Hon. W. S. Heatly, page 3 (C-431) 

unsuitable for State purposes, modernize, remodel, 

build and equip buildings for State pupposes, and 

negotiate and make contracts necessary to carry 

out and effectuate the purposes herein mentioned." 

Under the terms of House Bill 16, the structure to 

be built will be on a site deeded to the State of Texas and will 

be used for housing appropriate Texas State Exhibits for HemisFair 

and thereafter to be used for State governmental purposes, after 

the Fair. 

Thus, House Bill 16 constitutes an appropriation bill, 

pursuant to authority granted the Legislature by the provisions 

of Section 56 of Article XVI and Section 51-b of Article III of 

the Constitution of Texas. You are therefore advised that House 

Bill 16 of the 59th Legislature Is constitutional. 

SUMMARY 

House Bill 16 of the 59th Legislature, appropriating money for the construction of a 

structure for housing appropriate Texas State 

Exhibits for HernIaFaIr and for use for State 

governmental purposes after the Fair, Is constltutlonal. Sections 56 of Article XVI and 51-b 

of Article III, Constitution of Texas. 

Yours very truly, 

WAGGONER CARR 

Attorney General 

JR:ms:sj:mkh 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

John Banks 

Pat Bailey 

Kerns Taylor 

Robert Flowers 

APPROVED FOR THE ATTORNEY GENERAL 

BY: Stanton Stone 

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