Untitled Texas Attorney General Opinion ( 1958 )

November 26, 1958 i----... 4kd!..4 -.-"-.,,-- -_ _...-.- Honorable Erice Daniel Opinion No. WW-526 Governor of Texas Capitol Station Re: Is the Texas Employment Austin, Texas Commission authorized to purchase a tract of land Mr. S. Perry Brown ,underSection 26 of the Chairman and TexasUnemployment Com- Executive Director pensation Act, or must Texas Employment it be purchased by the Commission Governor or with his ap- Austin, Texas proval under~Article 5240, Vernon's Civil Statutes? Dear Governor Daniel and Colonel Brown: Yo,uhave requested jointly an opinion on the following question: "Is the Commission authorized to purchase this tract of land under Section 26 of the Texas Unemployment Compensation Act or must it be purchased by the Govcrnor or ~, with his approval under Article 52407" The facts upon which this question is based are stated in your request as follows: "Under authority of the above statute, the Commission recently entered into a contract for the purchase of ,ccr- tain land in Beaumont, Texas, to hc used as a site for the construction of a district and local office building by the Commission. After title had been approved by the:o;ficc of the Attorney General, the Comptroller declined to iesue a warrant in paymi:nt of the purchase price of said land, until further clarification of the following paragraph from Attorney General's Opinion No. WW-119 dated May 15, 1957: . - .. Honorable Price Daniel and Mr. S. Perry Brown,page 2 (WW-526) "'Therefore, under Art. 5243, V.C.S., the Employment Commission:may select a site and negotiate with the owner. However, the power to purchase rests exclusively with the Governor and the Employment Commission cannot bind the State on any land purchase contract.'" Subdivision (a) of Article 52215-9, Vernon's Civil Statutes, provides as follows: "(a) Duties and Powers of Com- mission: It shall be the duty of the Commiss~ionto administer this Act; and it shall have power and authority to adopt, amend, or rescind such rules and regulations, to employ such persons, ,make such expenditures, require such reports, make such investigations, and take such other action as it deems necessary or suitable to that end. Such rules and regulations shall be effective upon publication In the manner, not incon-, sistent with the provisions of this Act, which the Commission shall pre- scribe. . . . "(Emphasis added) Article 5221b-22a, Vernon's Civil Statutes, es- tablishing the "Unemployment Compensation Special Adminis- tration Fund" provides as follows: "There is hereby established as a special fund, separate and apart from all public moneys or funds of this State, an Unemployment Compensation Special Administration Fund which may be used by the Commission for the purposes of paying costs of the administration of this Act includinp the costs of construction and purchase of buildings and land necessary in such administration. . . .' (Emphasis added) Article 5221b-9 prescribes the powers and duties of the Commission, and Article 5221b-22a states the purposes for which the Unemployment Compensation Special Administration Fund may be expended. Among the duties of the Commission is the administration of the Act, which includes the provisions Honorable Price Daniel and Mr. S. Perry Brown,page 3. (Ww-526) of Article 5221b-22a and to make such expenditures and to take action as it'deems necessary to carry ol.lt -,ke,fIc;--~t4.>:'.s of the Commission. The Legislature, in Arti;:le5221&22a, recognizes that one of the functions of the Commission is the construction and purchase of buildings and land necessary to the administration, and it states that money may be ex- pended for the purchase of land and construction of buildings. Therefore, you are advised that the Texas Employment Com- mission is specifically authorized to purchase land. Article 5240, Vernon's Civil Statutes, provides as follows: 'When any land shall be required by the State for any character of public use, the Governor is authorized to pur- chase said land, or the right to the use thereof, for such purpose; or, failing to agree with the owner on the price therefor, such land may be condemned for such public use in the name of this State. Upon the direction of the Governor, proceedings shall be instituted against the owner of the land by the Attorney General or under his direction by the district or county attorney. Should the award of damages in the opinion of the Governor be exces- sive, such award shall not be paid but the State shall pay the costs of thf:proceedings and no further action shall be taken." In construing the provisions of Article 5240, this office held in Opinion WW-119 that under the language of the hypothetical appropriation to the Texas Employment Commission, the Governor is authorized to purchase land for the headquarters of the Texas Employment Commission, stating: "There is nothing in the language used in the above assumed appropriation act which would indicate anything other than that the land is to be acquired under the general authority of Article 5240, V.C.S. The word 'purchased' as used in the as- sumed appropriation act is not a restriction on the way the land should be acquired, but merely indicates that the sum thus approp- riated would be used to pay for the land needed, whether the land is acquired through voluntary or involuntary salt. -._~ ., . . ‘. . Honorable Price Daniel and Mr. S. Perry Brown,page 4.(wW-526) "Therefore, under Art. 5240, V.C.S., the Employment Commission may select a site and negotiate with the owner. However, the power to purchase rests ex- clusively with the Governor and the Em- ployment Commission cannot bind the State on any land purchase contract." (Emphasis added) As pointed out above, the Texas Employment Commission is authorized by the express provisions of Article 522113-gand 5221b-22a, to purchase land. Therefore, the power of the Commission to purchase land under Article 5240, is not exclusive. You are I;: therefore advised that the Commission is authorized to purchase the tract:;ofland in question. Under the provisions of Article 5221b-9 and~5221b-22a, such pur- chase is not required to be approved by the Governor, and Attorney General's Opinion No. m-119 is modified accordingly. SUMMARY The Texas.,kmploymentCommission is authorized to per- chase l&d under the provisions of Article 5221b-9 and ,,~'$$Z!'lb-22a, which purchase need not be approved by the Governor of Texas. Yours very truly, WILL WILSON Attorney General of Texas JR/jl/ci ~.~H o%t$& APPROVED BY OPINION ZOMMITTEE A@ John Reeves Assistant Gco. P. ?lackburn, Chairman Arthur Sandlin Wallace FinfroCk REVIEWED FOR THE ATTORNEY GENERAL BY: W. V. Geppert