Untitled Texas Attorney General Opinion ( 1959 )

! .
AUSTIN U.TEXAR
November 18, 1959
Mr. D. C. Greer Opinion No. W-735
State Highway Engineer
Austin, Texas Re: The extent of the
restrictions to be ap-
plied because of the
words "District Office
buildings" in the rider
to the Current General
Appropriation Bill (H.B.
4, Acts 56th Leg., 3rd
Called Session, 1959,
Cha ter 23, pages 442,
Dear Mr. Greer: 591P .
In your request for an opinion you state as
follows:
"On:+of the riders in the State Hlgh-
way Depar.Ln!ent'ssection of the.current
General Appropriation Bill states as fol-
lows:
"'None of the funds appropriated 'to
the State Highway Department may be exPended
for the'construction of any District Offi&
building ata Cost exceeding Sixteen Dollars
($16) per square foot in constructioncosts
including engineering and architectural fees.'
"In carrying out the duties and responsi-
bilities of the State Highway Department under
law to construct and maintain a State Highway
System, it is necessary that several different
kinds of buildings be constructed and utilized.
The Department maintains District Headquarters
at 25 locations in the State. At each of these
locations, it has proved advisable to construct
warehouse buildings, shop buildings, equipment
storage buildings, laboratory buildings, and
service station buildings, in addition to an
office building which provides space necessary
Mr. D. C. Greer, p?,;Se
2 (WW-735)
to aar.?yon the major portion of the office
work required to be done by each District.
It has proved necessary and advisable for
the Department to construct certain buildings
at local Headquarters within each District.
These buildings usually provide warehouse
facilities, storage for highway equipment,
servicing for highway equipment, and some
office space for the supervisory personnel.
At some of these locations, buildings are
constructed to provide office and working
space for Resident Engineers and buildings
for laboratory work. Other miscellaneous
buildings are constructed from time to time
to meet the needs of the Department in carry-
ing our its assigned responsibilities. Some
of these buildings, by their very nature, are
c?leaperto construct that an office building
cdouldbe, while others require a specialized
type of design and construction which make
them more expensive to build. Examples of
the latter are our laboratory buildings, two
of which are presently in the planning stage.
,,
. . .
!'Wefzl that the specific wording of
the provision restricts its application to
the District Office buildings and that it
would not apply to the other specialized
structures we construct. We have discussed
this matter with members of the Comptroller's
staff and they are inclined to agree, but
feel that they cannot pay for a building cost-
ing more than $16 per square foot until the
provision has been so interpreted by your
Department. . . .'
In 39 Texas Jurisprudence 137, Statutes, Section 105,
we find the following rule stated:
"One of the primary and settled rules
of construction is that words in common use,
when contained in a statute, will be read
according to their natural, ordinary and
popular meaning."
This rule was followed by the Supreme Court of Texas
in Texas Bank & Trust Co. v. Austin, 115 Tex. 201, 280 S.W.
. .
Mr. D. C. Greer, sage 3 (WW-735)
161. I!ebelieve that the natural, ordinary and popular
meaning of the words "office building" is a building of of-
fices or rooms in which administration is conducted and
office work is done. It follows, then, that district office
buildings would be those buildings at the District Headquarters
of the Texas Highway Department in which the major portion of
the office work is done.
It is our opinion that the statutory language quoted
in your letter was not intended to apply to warehouse buildings,
shop buildings, equipment storage buildings, laboratory build-
ings and service station buildings, but that it does apply to
ali district office buildings which provide space necessary to
carry on the major portion of the office work required to be
done by such District.
SUMMARY
The words "District Office building"
in the rider to the current General
Appropriation Bill (House Bill 4,
Acts of the 56th Legislature, Third
Called Session, 1959, Chapter 23, pages
442, 591), do not apply to warehouse
buildings, shop buildings, equipment
storage buildings, laboratory buildings,
and service station buildings, but they
do apply to all district office buildings.
Yours very truly,
WILL WILSON
Atto ney General of Texas
BY %-au
JH:mfh Jay Howell
Assistant
APPROVED:
OPINION COMMITTEE
J. C. Davis,Jr.Chairman
Raymond V. Loftin
Grundy Williams
REVIEWED FOR THE ATTORNEY GENERAL
BY: Leonard Passmore