Untitled Texas Attorney General Opinion ( 1960 )

- .
E GENERAL
OF EXAS
Mr. Ii. R, Nieman, Jr. Opinion No. W-844
Executive Director
State Building Commission Re: Location of
State Office Building Boundaries of the
Austin ,l, Texas State Capitol
Grounds as outlined
by S.B. 437, Ch. 313,
Dear Mr. Nieman: 55th Deg., R.S.
You have requested an opinion of this office con-
cerning a clarification and deflnitlon of the boundaries of
the Capitol grounds as outlined by Section 1 of Senate Bill
437, Acts of the 55th Legislature, Regular Session, 1957,
Chapter 313, page 758, codified as Article 86lb, Vernon's
Penal Code.
As stated by you, the purpose of the request is to
avoid encroachment on the Capitol grounds, as defined by Ar-
ticle 86lb, when the State Building Commission undertakes to
landscape the area north of the Capitol and located between
the Supreme Court Building and the State Office Building. The
"landscaping" is to consist of "walks, planting, sprinkler
systems, ,lights, etc."
Section 1 of Article 86lb, Vernon's Penal Code,
provides:
'Section 1. It shall be unlawful, without
the prior express consent of the Legislature,
for any officer of this state or any employee
thereof or any other person to construct, build,
erect or maintain any building, structure, memori-
al, monument, statue, concession or any other
structure including creation of parking areas
or the laying of additional paving on any of the
grounds that surrounded the State Capitol on
January 1, 1955, and which grounds were then
bounded by Eleventh, Brazos, Thirteenth and Colo-
rado Streets, in the City of Austin, Texas, whether
such land lay inside or outside the fence enclosing
part of the grounds; provided, however, that paved
access and underground utility installations may
Mr. H. R. Nieman, Jr., page 2 (``-844)
be constructed and maintalned; provided
further, that the provisions of this Act
shall not apply to the Supreme Court Bulld-
ing, according to the approved plans dated
October 29, 1956, nor to the State Office
Building, according to the approved plans
dated November, 1956. ”
The work contemplated in your request necessitates
the definite location of the boundary line of the area bounded
by Thirteenth Street In order to comply with the purpose of
the subject statute. We are aware of the decisions which hold
that there Is a presumption that title extends to the center
line of a street when the description calls for a boundary by
street name. As indicated, these decisions involved title ques-
tions, an issue not present In this situation. In addition, the
purpose behind the presumption, i.e., to avoid and discourage
separate ownership of narrow strips of land, State v. Arnlm, 173
S.W.2d 503 (Tex.Civ.App., error refused, w.o.m. 19431 has no
application here. We therefore do not feel that this’presump-
tion is controlling in answering your request.
It is our opinion that when the Legislature used the
phrase “bounded by” they intended to describe the land up to
the named streets. It manifestly was the purpose of the Legls-
lature to prohibit further construction upon the grounds which
were then landscaped and being maintained.
Section 6 of Article 861b of Vernon’s Penal Code
provides :
“Sec. 6. The fact that the Capitol grounds
were planned to furnish a landscaped area suffi-
cient to set off the massive granite building and
that this attractive setting would be destroyed
by conversion of the grounds to parking lots, or
erection of structures of any kind that would nec-
essarily result in reducing the space needed to
surround a building of the size of the Capitol, and
the further fact that this building is not simply
an office building, to be closely surrounded and
hemmed in and obscured by brick and concrete, but
a symbol of and the habitation of the state govern-
ment which should remain In its green setting of
native trees and flowers so that the.,,citlzens of
Texas can take pride in their Capitol when they
visit it, creates an emergency and an imperative
public necessity that the Constitutional Rule re-
quiring bills to be read on three several days in
each House be suspended; and said Rule is hereby
Mr. H. R. Nieman, Jr., page 3 (``-844)
suspended, and this Act shall be in effect f;om
and after its passage, and It Is so enacted.
(Emphasis added.)
This section indicates that the Legislature was con-
cerned with, and Intended to prevent, a reduction of the Capitol
grounds then landscaped, and not with land which subsequently
might come within the control of the State.
SUMMARY
The boundaries of the Capitol grounds as
defined,in Section 1 of Article 861b of Vernon's
Penal Code consist of the South line of Thirteenth
Street, the West line of Brazes Street, the North
line of Eleventh Street, and the East line of
Colorado Street.
Yours very truly,
WILL WILSON
Attorney General of Texas
By @yxuA
Robert H. Walls
Assistant
RHW:bh
APPROVED:
OPINIONCOMMITTEE
W. V. Geppert, Chairman
Thomas Burrus
James R. Irlon III
REVIEWEDFOR THE ATTORNEYGENERAL
BY:
Leonard Passmore