R-49g 

THE 

AUSTIN. TEXAS 

May 19, 1947 

Honorable Hall Logan,.Chairman 

Stats Board of Control 

Austin, Texas opinion NO. v-206 

Re: Use of Special Centennial Fund for 

purchase of French 

Embassy. 

Dear Mr. Logan: 

In accordance'with the request made by the 

Board ef Control for re-examination of Treasury Account No. 23 W ecial Centenmial Fund" appropriated 

by House Bili 72$ Chapter 286 Acts of'l&th Legislature; for the purghase of the l%ench Embassy in Austin, 

Texas, and in view of the recent report of the State 

Auditer that the fmmd constitutes State money, we report 00 follews: 

Without an audit or complete study of such 

fund and upon assumption that the fund was comprised 

who& of Federal appropriations left over from the 

Texas Centennial, this Department held in former Opinions, Nos. o-6522, 0-6780 and V-27, that the money 

could not be used in accordance with House Bill 728, 

49th Legislature, for the purchase of the French Embassy and grounds without the approval of Congress. 

Upon suggestions from the Offices of the 

State Comptroller and State Treasurer that the remaining money in the Special Centennial Fund actually represented amounts spent from State Centennial Funds 

which.could and should have been spent from Federal 

funds, and that as a matter of bookkeeping, the Federal 

funds had not been transferred nor applied to the exoees spent out of State funds, this Office askad Hon. 

0. A. Cavneso, State Auditor, to examine the account. 

By letter dated April 16, 1947, Mr. Cavness stated: 

"After reviewing the information submitted, it is q opinion this balance can 
Hon. Hall Logan - Page 2 

. 

v-206 ‘5 

be considered State funds subject to disposition by the Legislature., 

"The balance in the fund is a residue of funds received from the Federal 

government, from private donors and from 

reallocation made by the Centennial Control Commission eut of funds granted for 

specific and special projects within the 

Centennial program, 

"The commingling of these funds and 

the fact that the Federal Centennial Commission long ago made its final report and 

returned to the United States Treasury 

their unallocated balance precludes, I 

believe, any other claim to the present 

funds other than the claim of the State 

of Texas." 

In view of this report, the fact situation is 

entirely different from the statement or assumption of 

facts on which previous opinions of this Office were 

based, In accordance with such findings by the State 

Auditor, we now hold that the fund was subject to appropriation for the purposes set out in House Bill 728 

of the 49th Legislature, which provides in part as follows: 

"There is hereby appropriated all 

moneys now in the Texas Centennial Cormission funds if and when available, to 

oFply sn the purchase of the French Embassy building and all properties therein. 0 0" 

(Section 2 contains a description of the property to be purchased under said Bill.) 

Yki3 building is hereby set aside 

fer the us08 and 

E 

urpaser ef the Baughters of the Repub fc of Texas, and the 

said Daughters of the 110 blic of Texas 

be and the ssme are here r y authorised to 

take till charge of said building and use 

of the same as they may see proper. The 

property of the said French Embassy shall 

be the preperty ef the State, and the 
. Hon. Hall Logan - Page 3 v-206 

title of said property shall remain in 

the custody of the Board of Control." 

Accordingly, it is our opinion that the Board 

of Control may contract for the purchase of the property, and when there is tendered to the Board a good and 

sufficient deed conveying fee simple title to the State 

of Texas you are authorized to accept the same for the 

State. !!hereupon you will be authorized to request 

that the Comptrolfer issue a warrant for the payment 

out of the Treasury to the owners of said property, of 

the balance of said fund, provided, of course, that the 

actual purchase price of said property fs at least equal to that balance, The Comptroller will be authorized to issue, and the Treasurer will be authorized to 

pay such warrant. We call your attention to the fact 

that House Bill 728 becsme effeetive on May 31, 1945. 

Your contract for purchase should be completed on OP 

before May 31, 19&T, before the appropriation expires. 

SUMNARY 

Since the State Auditor has found 

Treasury Account No, 23, %pecial Centennial Fund", to be State funds (a fact 

situation which was not known when former Opfnions, Nos;O-6522, O-6780 and 

V-27 were written), the balance therein 

may be used by the Board of Control in 

accordance with House Bill 728, 49th 

Legislature, for the purchase of the 

French Embassy, 

Verv truly yours 

/;ucr, caveu 

Price Daniel 

Attorney General 

PD/rt/erc