Untitled Texas Attorney General Opinion ( 1957 )

February 6, 1957. Honorable Ralph R. Wolf Executive Director Texas State Building Commission 110 West 14~thStreet Austin, Texas Opinion No. WW-20 Re: Is the Building Commission authorized to reject Item 9a and Item qj of the appro- priation bill Andyuse such sums (totalling$87,433) or the necessary portion there- of, to complete adequately the Improvementsand modern- ization specifiedby the bill for the Land Office Building and related Dear Mr. Wolf: , questions. Your request fop an opinion concerningexpenditureof appropriationsto the State Building Commiesion is as follows: "Is the Building Commission authorized by law to divert specific appropriationscontained in the lav for improving~theState Capitol Buildlng~and the Old Band Office Building from such purposes to the Improvementand modernizationof the Land Off- ice Building? Specifically,is the Building Comm- ission authorized to reject Item 9a and Item gj of the~appropriationbill and use such sums (totalling $87,433) or the necessary portion thereof,tocom- plete adequately, the improvementsand modernization specifiedby the bill for the Land Office Building?" Pertinent provisionsof the a propriationto the State Building Commission (Acts 1955, Page 1$16) are as follows: - . Honorable Ralph R Wolf, Page 2 (WW-20) "9. For specific projects of For the Years Ending modernizing and remodel- Aug. 31, Aw73', ing the Capitol and State 1956 Office Buildings, includ; lng equipment,materials, $332,086 Un;:e~;;~d and labor "Total, appropriations from State Building Fund.. $632,086 $ 50,000 plus deaigna- ted unerpend- ed balances "It is hereby declared to be the Legislative intent that the foregoing appropriationin the amount of Three Hundred and Thirty-two Thousand and Eighty-sixDollars ($332,086)&all be expended under the supervisionof the Stat8 Building Commission as nearly as practicable in the following manner: State Capitol Building: For the Years Rndinn Aug. 31, Aug. 31; na. Replace clay tile floor 1956 1957 with Terrazzo on 3rd floor and parts of 2nd floor. 0 + . . . . e . . . 8 27,433 Unexpended balance "b. Install floodlights 6,993 Unexpended balance *c. Install new freight lift at northeast basement entrance . . . . e . . . . 7,500 Unexpended balance "d. Install a high voltage power circuit from Capi- tol to power plant to Land Office Building 21,860 Unexpended balance "e. Install safety tread on Capitol stairways e e . . 1,300 Unexpended balance Honorable Ralph R. Wolf, Page 3 (uw-20) Land Office Building: For the Years Endina Aug. 31, 1956 "f. R;zt;l and coiuplete5th . . . . . . . . . . $ 30,000 Unekpended balance 8g. Modernize electric wiring itiLand Offlce~Bullding to provide pover require- ments for offide machines and air-conditioning 15,000 Unexpended balance "h. Air-conditionthe Iand Office Building . . . . . 150,000 Unexpended balance ?. Extend elevator service to 5th floor, Install new brake and safety locking devices, and convert rear freight elevator to automatic operation . . . e . . . . 12,000 Old Land Office Building on the Capitol ffrounds: "j. For moderniz~ingand remodel- ing said Old Iand Office Building (museum) . . . . 60, ooo Unexpended balance 'Any of the monies appropriatedabove for specific projects of modernizingand remodeling the Capitol and State Buildings may be expended by the State Building Commission through the Board of Control, and the Comptroller~ishereby authorized to transfep from that appropriationItem to an account for the Board of Con- trol such funds as the Building Commimlon may direct." It is noted that the Legislaturehas appropriated $332,086 to be expended for specific projects for modernizing and remodeling the Capitol and State Office Buildings and has Honorable Ralph R. Wolf, Page 4 (WW-20) instructed the Building Commission to 8Xp8nd such amount "as nearly as practicable"in the manner set out in Items a. through j. Therefore It is our opinion that the specific projects listed In Items a. through j. are meant to be a Legislativeguide to th8 expenditureof funds appropriatedin Item 9, and it is the duty of the State Building Commission to 8Xp8nd such money in compliance with the Legislature'5instruction. These items can be allocated in a differentmanner only when the allocation provided for by the Legislature cannot be done as a practicalmatter. Otherwise, the State Building Commissionmay expend any amount necessary for the specific projects of modernizingand remodeling the capitol and state office buildings 50 long as the appropriationcontained in Item 9 is not exceeded. In other words if, after tabulation of bids; the appro- priation for the replacement of clay tile floor vith Terrazzo on the 3rd floor and parts of the 2nd floor of the State Capitol Building Is Insufficientand if, after tabulationof bids, the appropriationfor modernizingand remodeling the Old Land Office Building is insuffici8nt,it would be impracticalfor the Stat8 Building CoPrmiclsion to reject both projects. In such event, the State Building Commissionwould be authorized to divert monies allocated to Item ga from such portions and expend the nq?essary portion of 8uch funds for the purposes listed in Item gj, and, if necessary,would be authorized to reject Items ga Andy9j and use such stns5,or the necessary portion thereof,to complete adequately the improvementsand modernizationjustifiedby the bill for the. Land Office Building. Of course, there may be other circumstancesvhich make the expenditureof monies appropriatedin Item 9 in accordance with the allocation in Items a through j impracticable,but it is the duty of the State Building Commission to expend money appro- priated in Item 9 in accordancewith the Legislativeinstruction as nearly as practicableaa allocated in Items a through j. SUMMARY It is the duty of the State Building Commission to expend monies appropriatedin Item 9 in com- pliance vith the Legislativeallocation contained in Item5 ga through gj, and the State Building Commission can allocate Items 9a through 9j In a different manner only when the allocation provided by the Legislaturecannot be done as a practical matter. . - Honorable Ralph R. Wolf, Page 5; '(WW-20) ';Very truly yours, WILL wIIsoN Attorney General John Reeves JR:jl APPROVBDt OPIIUOPICOMMITTEE Ii.Grady Chandler Chairman