rentalhas been placed under our UnemploymentCcaupensationAat in the FederalSocial Security Board in Washington.
SenateBIU. NO. 266 (Chap. 258, Acts 1943, M3tb Leg.) on the o"ther hand placesalmost an equal amovmt of dfseretionover the procurementof rental spaoe by all State agenciessod departmentsin the Texas Board of Con- trol. we quote the first two sectionsof SenateBill No. 266, as folicws:
"SectionI. Hereafterall departientsand agencies of the State Government,when rentalspace is needed for carryingon the essentialfunctionsof such agenciesor deparimentiof the State Government,shall submit to tie State Board of Controla request therefor,giving tJ'&e type, kind, and size of 'building meded, togetherwith any otier necessarydescription,end stat%ngtie purpose for which it will be used and the need tlterefor. HonorableClaude A. Williama,Page 7 (O-5524)
"Section2. The State Board of Control,uuou receiptof such request,and If the money has been made availableto pay the rental thereon,and If in the discretiouof the Board such mace is needed, shall forthwithadvertisein a uewsuauer.which has been regularly publishedand cfm&&d in the city, or town,where auoh rental space is eou&t, for bids on such rental spaoe,for the uses indicatedand for a period of not to exoeed two years. After euah bids have been receivedby the State Board of Controlat its principaloffice in Austin, Texas, and publioly opened,the award for such rental contractwill be made to the lowestand best bidder,and upon such other terms as may be agreed upon. The terms of the contract,togetherwith the notice of the award of the State Board of Controlwillbe submittedto the AttorneyGeneralof Texas,who will oause to be pre- pared and executedin accordancewith the tenus of the agreement,such oontractin quadruplicate; one of which will be kept by each party thereto,one by the State Board of Control,and one by the Attorney Generalof Texas. The partiesto such contractwill be the departientor agency of the governmentusing the space as lesseeand the party rentingthe spaoe 88 lessor."
Insofaras the Texas UnemploymentCcnapensation Comnlssionis concerned,the discretionwhich Senate Bill No. 266 plaoes inthe Board of Controlwould be in direct conflictwith the discretion,which we have alreadyseen, has been placed in the BederalSocial SecurityBoard. Since practicallyall funds used in the administration of the UnemploymentCon- pensationAct are furnishedby the FederalGovernmentand its agencies,and none is furnishedby the State, the provisionsof Senate Bill No. 266, if held applicableto the Texas UnemploymentCaapensationCommission,would create an unbridgeableconflict. Quite obviously,the discretionover the amount of space and the price to be paid for it oannot rest both in the Board of Controland in the Social SecurityBoard. One or the othermust have the final word.
A simple answer to this stalenuate, may be found in the second clauseof Section 2 of SenateBill No. 266, whioh providesthat the Board of Control'saotion is contingentupon the availabilityof moneys to pay rentalupon the requiredspace. As we have seen, the only moneys available to the Texas UnemploymentCcaapensationCommlsslonfor rental apace are those furnishedfor the paymentof rentalupon space approvedby the Social Security Board. And it might be held that since no moneys are available,the Boar3 of Controlhas no jurisdiction. HonorableClaude A. Williams,Page 8 (O-5524)
However,we prefernot to reat our opinionsolelyupon this tenuoustechnicality, but ratherupon acceptedlegal