Kr. S. Perry Brovn Chairman& ExecutiveDirector Texas EmploymentCommiesion Austin, Texas opinionlo. WW-7l.3
Re: Whether the Texas Employment Ccmmiesionmay legallypay an attorneyfor servicesrendered in asaietlngthe AttorneyGeneral Dear Mr. Brown: in an eminentdomain proceeding.
You have requestedan opiniona8 to whetherthe Texas EmploymentCom- missionwas authorizedto employ and pay specialcounselto assist the At- torneyGeneralIn preparingeminentdomain proceedings.You state that this attorneywas employedpursuantto a requestfrom the AttorneyGeneralfor aesistancein preparinga case to condemn land on which the Texas Xkployment Commissionwas to erect buildings.
Under Section'7,ArticleVI, GeneralAppropriations,Acts 55th Aegis- lature,RegularSession,1957,Chapter 385, pages 1144 and 1145, set out in part here: Y . . . Whe+e the AttorneyGeneral,DistrictAttorney, CrimlnalDlstri& Attorney,County Attorney,or other lawyer is requiredby constitutional or statutoryprovisionto repre- sent a State Agency,State Official,State Board, or State Department,no compensationshall be paid from any appropria- tion made in this Act to any otherAttorneyfor repreeentlng the State of Texas in the trial of a civil lawsuitexcept in those cases where the Attorney General,DistrictAttorney, CriminalDistrictAttorney,County Attorneyor other lavyer, ae the caee may be, has requestedthat the attorneyor attorney8employedby the particularState Agency,State Official,State Departmentor State Board, aselatwith the trial of the particularlaveuit. . 0 *" r L
hfr.S. Perry Brown, page 2 (w-713)
The AttorneyGeneral 16 authorizedto requestthe asalstanceof counselem- ployed by the particularagency involved. In this instancethe Texas E$lploy- ment Commission,88 requested,employedRobert L. Bums to assist the Attorney Generalin securinglend by eminentdomainproceedingsto be broughton be- half of the State of Texas for the Texas EmploymentCommission.
This situationis aualogouato a preriouaAttorneyGeneral'sOpinion ~~-633 where the State BuildingCommissionhired an attorneyto assist the AttorneyGeneral in preparingfor the acqui6ltionof land. Here the Commia- sion haa the authorityto purohaeeland Just a8 the State BuildingCommission did and the power on the part of both Commissionsto employattorneyscomea from this power to acquireland for which the servicesof an attorneyare needed rather than from a statutedirectlyauthorizingthe employmentof an attorney.
The GeneralAppropriations Act, Howe Bill 133, Acts of the 55th Legislature,RegularSeseion,1957,Chapter 385, pages 979-980,appropriated funds for the developmentof buildingsto be wed by the Texas Employment Commission,AttorneyGeneral'sOpinion~~-526 made it clear that the Commis- sion conld purchasethe land with the agreementof the land owners. This power to purchasethe land did not carry with it the power to condemn;80 it was necessaryfor the Governorto authorizeand requestthe AttorneyGeneral to bring a oondePnnatlon suit under Article 5240,Vernon'sCivil Statutes, which provideefor the acquisitionof land by purchaseor by condemnation.
Article 5240,Vernon'sCivil Statutea,state8 in part:
*rJhenany land shall be requiredby the State for any characterof public we, the Governoris authorizedto pur- chase said land, or the right to the use thereof,for such purpose;or, fallingto agree with the owner on the price thereof,such landmay be condemnedfor suoh publicwe in the name of this State. Upon the directionof the Governor, proceedingsahallbe institutedagainstthe owner of the land by the AttorneyGeneralor under his directionby the district or county attorney. . . .'
The euit la brou@t to condelrmland in the name of the State of Texas by the Texas EmploymentCommissionand ie for the benefitof the Commission, which haa a direct intereatsince appropriatedfunds for the Commissionwill be wed to pay for the land and the buildingsto