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 appropriationfor constructionof a building at "HemisFalr1968” in the City of San Dear Representative neatly: Antonio. Your request for an opinion reads as follows: "Attachedhereto is a copy of H.B. 16 by the HonorableGlenn Kothmann of San Antonio. There has been some questionas to the constitutionalityof 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 constructedfor housing appropriateTexas State Exhibits for HemisFalrand due consideration also be given to Its utility for State Governmentpurposes after the Fair. The structure is to be placed on an appropriatesite, of approximately3 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 provisionsof House Bill 16 relate to duties of various State departmentsand agencies in connectionwith the structureprovided for in Section 4.

Section 60 of Article XVI of the Constitutionof Texas provides:;

"That the Constitutionof the State of Texas be so amended as to authorizea Texas Centennial, commemorating

the heroic period of early Texas history, and celebratinga 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 Legislatureof Texas be authorized to make apppoprlatlonfor the support and malntenante thereof;,

provided, that this authorization shall not be construed to make appropriations for ,any other future expositionor celebrationof any kind or character." It Is noted that the provisions of Section 60 are only applicable to expenditureof State monies in connectionwith the Texas Centennialand are not thereforeapplicable 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 Legislatureof the State of Texas shall have the power to appropriate money and establish the procedurenecessary to expend such money for the purposes of developing Informationabout 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 BuildingCommission to: "Under such terms and conditionsas are now or may be hereafterprovided by law, the Commission

may acquire necessaryreal and personal property, salvageand dispose of property

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unsuitable for State purposes,modernize,remodel, build and equip buildings for State pupposes, and negotiateand make contractsnecessary to carry out and effectuatethe 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 appropriateTexas State Exhibits for HemisFair and thereafterto be used for State governmentalpurposes,after the Fair. Thus, House Bill 16 constitutesan appropriation bill, pursuant to authoritygranted the Legislatureby the provisions of Section 56 of Article XVI and Section 51-b of Article III of the Constitutionof Texas. You are thereforeadvised that House Bill 16 of the 59th LegislatureIs constitutional. SUMMARY House Bill 16 of the 59th Legislature,appropriating

money for the constructionof a structure for housing appropriateTexas 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, Constitutionof 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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