Untitled Texas Attorney General Opinion ( 1947 )

i.~ -R-27 OFWICE OF THE ATTORNEY GENERAL PRICE DANIEL ATTORNEYGENERAL Jenuary 15, 1947 See V-206 for change in fact situation Honorable Carlos C. Ashley, Chairman State Board of Control Austin, Texee Opinion MO. V-27 Re: Whether or not the amount remaining In the Texas Centennial Fund, is now available to purchase the Dear Mr. Ashley: Frenoh Embassy Your request for an opinion upon the above sub- jeot matter is 80 followsi "The Eau&hters of the Republic of Texas sponsoredRouse Bill Ho'.728, Acts of the 49th Leglslature,~whlchpurported to authorize the purkhase of the French Embassy Building and two and one-half acres out of the Southeast part of Outlot Ao. 1 In Dlvl- slon B, City of A-tin, Texas, and appro- prlated all monies now in the Texas Centen- nia1~CommlsslonFutids,if and when available, to apply on the purahase price of this pro- perty. There is now the sum of $24,256.16 remaining in the Texas Centennial Fund. "Question: ~1s the $24,256.16 remain- ing In-the Texae Centennial Fund n& available to purchase the French Em- bassy, and aan the State Comptroller legally issue a warrant for that pur- pose? "Inaknuohas the Dsughters of the Re- public of Texas desire to sponsor suoh remedial legislationaa ia necessary, In the light of your opinion In thls matter, and because the Board of Control la the oustodlan of the title of the French Embassy, if and when purohased, in accordance with House Bill No. 728, we respect- fully request your considerationof this matter .,at your earliest convenlenoe." .. Hon. Carlos C. Ashley - Page 2 This Department in Opinion 0-6222, addrear& to Eon. Harley Sadler, House of Representatives,Au``tia, Texas, a copy of which opinion we hand you herewith, ad- vises that the unexpendedbalance of the Congressional appropriationfor the Texas Centennial could not be ap- propriatedby the Legislature of Texas for the purpose of purchasing the French Embassy except conditloned upon Its release by Congress for that purpose. We think the advice there given was oorreot an3 adhere to the opinion mentioned. SUMMARY The amount of money remelnlng in the Cent&nnlal Fund is not available for ex- penditure for the purohase of the Frenoh EmbasiqrunderH.B. 728 of the 49th Legisla- ture, unless and until the Congress has ap- proved the approprlatlon.orIn some way re- leased the fund to the State of Texas. Yours very truly,, ATTO~GRREIRALOFTEXAS AssIstant OS/am/lb enol. Approved ATTORl'EYOERERAL Opinion ColPmlttee BWB, Chairman