E ORNEY GENEOF TEXAS

AUSTIN ~.TEXAS

FVILL WILSON AlTORNEYGENERAL February 20, 1961

Mr. Wm. J. Burke Executive Director State Board of Control Austin, Texas

Dear Mr. Burke: Re: Whether Acts Fifty-sixth Legislature,Third Called Session, 1959, Chapter 23, page 442prohibits the changing in the air duct connections of the air conditioning system in the State OfficeBuilding when such changes are necessary to insure proper functioning of such system.

You have requested tion: an opinion on the following ques-

"Does Section 40 of ArticleV, 'General Provisions'H.B. 4, enactedby the Third Called Session of the Fifty-sixth Legislature, In 1959,by the following language 'BuildingAlterations Prohibited. None of the funds appropriated in this Act may be expended for removingwalls, partitions or any other permanent part of the New State Office Building or the Supreme Court Building' prohibit a change in air duct connections supplying fresh air to the air conditioning system of the New State Office Building when such change is necessary to insure proper functioningand continuous satisfactoryperformance and adequate air conditioningeffect from certain individual air conditioningunits serving the first and second floors of the said State OfficeBuilding? OpinionNo. NW-996

"Does Section 40 quoted above prohibit the installationof the necessary and proper air duct to supply an adequate and dependably constant amount of fresh air to the individual air conditioningunits serving the west end of floors one and two of the State OfficeBuildingMr. Wm. J. Burke, page 2 (m-996)

to be connectedwith a new outside air intake opening constructedthrough the basement wall of the State OfficeBuilding near the southwest
corner of saidbuilding?

"Ifyour answer to the above question is in the negative, is the Board of Control prohibited from paying the cost of such new duct installationand necessary correctionwork from funds appropriated to the Board of Control from Budget Item 69 of said H.B. 4 entitled, 'Air ConditioningMaintenance, includingmaintenance contracts,professional fees, materials and supplies, special tools and plant equipment'?“

The facts on which your question is based are stated in your request as follows:

"Changes in the air supply ducts and connections are necessarybecause the large fans supplying the fresh air for all floors above the second floor develop a suction on the common air intake duct (fromwhich the units serving the first and second floors also are supposed to obtain their fresh air supply) sufficient to prevent smaller individualunits serving the said first and second floorsand especially those in the west one-half of the building from receiving an adequate amount of fresh air to permit proper functioning,adequate performance and satisfactoryair conditioning;and, furthermore, at times completely overpower the intake capacity of the smaller units with the result that air flows are reversed to the extent that the return air grilles actually dischargehot, contaminatedair under pressure instead of sucking it in for reconditioningthrough filters and the coolingunits.

"The effect of the above described occurrence on offices, conferenceand meeting rooms is such that inside temaeraturescannotbe controlled by the thermostatsand the air conditioningunits.

"Theproposed, and most feasible, solution of the problem is the separationof air intake. .

Mr. Wm.J. Burke, page 3 (w-996)

connectionsand/or air sources serving the large fans and the small air conditioning units so that the respective small fans and units may have separateand independent fresh air intake sources to insure that one cannot interferewith the satisfactoryoperation of the other.

"In order to provide the separateair intake to supply fresh air to the units serving the first and second floors (west end) of the State OfficeBuilding, it becomes necessary to disconnect the air intake, serving the small units, from the main large air intake, serving the main fans that supply air to floors three to ten, inclusive, install a new fresh air intake for the smallunits (servingfloors one and twos) through the basementwall at the southwest
corner of the State OfficeBuilding below ground level protectedby an area-way and appropriate
cover structure. Such installationof the necessary new ductwould require an opening to be cut through the basement wall which would in effect remove a small portion of a 'permanent part' of the New State Office Building basement wall.

"Had the effect of the earlier described common sourcemain air duct on the smallerunits (serving floors one and two)been anticipated and/or possible of calculationat the time the duct system for the air conditioningwas designed, there is no doubt that separateducts would have been installed when the building was constructed. The building has been completed,occupied, and the air conditioning systemhas been in operationmore than one year, and It is now apparent that the conditionsdescribed above couldbecome worse resulting in more unsatisfactory operation and improper and inadequate air cbnditionlng thanwe now experience."

Section 7 of Article 678m, Vernon's Civil Statutes, provides:

"The Commission shall obtain title for the State and retain control of the real property.

Mr. Wm. J. Burke, page 4 (W-996)

acquired for sites and of the buildings located thereon until final construction is completedand thebuildings are occupied by the State agencies to be housed therein, at which time the managementand control of saidbuildings shallbe transferred to theBoard of Control. Except as otherwiseprovided in thisAct, the initial occupants shallbe those State agencies agreed upon by the Commissionand the Board of Control."

In view of the provisions of Section 7 of Article 678m, it is the duty of the State Board of Control to keep the State Office Building in proper maintenance and repair. Ther+ fore, it is the responsibilityof the ,Boardof Control to expend available funds to maintain the proper functioning of equipment initially installedby the State Building Commission in the constructionof the State Office Building.

Section 40 of ArticleV of House Bill 4, Acts of the Fifty-sixth Le islature, ter 23, page 4 2

8 Third Called Session, 1959, Chap- (GeneralAppropriationBill) provides at page 732:

"None of the funds appropriated in this Act may be expended for removingwalls, partitions or any other permanentpart of the new State OfficeBuilding or the Supreme Court Building."

It is our opinion that the foregoing does not prevent the Board of Control from expendingappropriated funds to provide for the proper functioningof initial equipment in the State OfficeBuilding. This is particularly true under the facts outlined in our request, since the Legislature in House Bill 4 in Item 69 (page 517) of the'appropriation to the Board of Control made~specificappropriation for air conditioningmaintenance.

You are, therefore,,advisedthatyou are authorized to expendmonies appropriated in Item 69 for the purposes outlined in your request.

SUMMARY ------- The State Board of Control is authorized to spend monies appropriated for air. .

Mr. Wm. J. Burke, Page 5 (m-996)

conditioningmaintenance for making changes in the air supply ducts and connectionsnecessary to the proper functioningof the air conditioningequipment installed in the State OfficeBuilding.

Yours very truly,

WILL WILSON Attorney General of Texas

JR:ms

APPROVED:

OPINION COMMI!l?l?EE W. V. Geppert, Chairman

William T. Blackburn Leon F. Pesek John C. Steinberger 

### ‘hi&v-& JohnReeves Assistant

REVIEWED FOR THE ATTORNEY GENERAL BY: Morgan Nesbitt