Untitled Texas Attorney General Opinion ( 1972 )

TECE ;~TTOECNEY GENERAL
OF -XAS
Commissioner Raymond W. Vowel1 Opinion No. M- 1274
State Department of Public Welfare
John H. Reagan Building Re: Authority of the
Austin, Texas. 78701 Department of Public
Welfare to contract
with the State
Building Commission
for renovations in
the John H. Reagan
Dear Mr. Vowell: Building.
,We acknowledge receipt of your recent opinion request
involving the above captioned matter and in which you ask
the following question:
"May the State Department of Public
Welfare contract with the State Building
Commission for the renovation of the fifth
floor of the John H. Reagan State Office
Building, for the renovation of other
portions of that building to accomodate
the installation of computers and other
equipment and for the improvement of the
defective elevator system currently in
use In that building?"
You have further advised concerning this question as
follows:
"The fifth floor of the John H.
Reagan State Office Huilding is currently
occupied by the State Department of
Agriculture, the Hoard of Pardons and
Paroles and the Tourist Development Agency.
When the Stephen F. Austin State Office
Building, presently under construction,is
completed, those agencies will vacate their
office space in the Reagan Building and will
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Commissioner Raymond W. Vowell, page 2 (M-1274)
relocate in the Austin Building. The office
space then to be vacated by those agencies
has been allocated to the Department of
Public Welfare by the Building Commission
and the Board of Control.
"In order to accomodate the needs
of the agencies presently occupying the
Reagan Building's fifth floor, partitions
have been installed. Upon occupation by
the Department of Public Welfare, such
partitions will have to be removed or
reordered if the office space requirements
of the Department's staff are to be met.
"The Department further desires to
replace or improve the Reagan Building's
elevator system, which has had a history of
malfunctions, and to renovate its Reagan
Building spaceto accomodate the installa-
tion of computers and other equipment."
It is our opinion that your Department has the
legal authority to achieve the above ends through con-
tract with the Building Commission.
Article 678m, Section 3, Vernon's Civil Statutes,
confers authority upon the Building Commission to
11
9 . . acquire necessary real and
personal property, modernize, remodel,
build and equip buildings for State
purposes, and make contracts necessary
to carry oustand effectuate the purposes
herein mentioned in keeping with appro-
priations authorized by the Legislature
. . . (Emphasis Added.)
The authority of the Building Commission to contract
with other state agencies is oursuant to the above statute.
Attorney General O~iniona NOS: WW-1120(1961); c-78(196$);
and M-695(1970).
A state agency, such as the Department of Public
Welfare, is clearly authorized by Article 4413(32),
Section 3, Vernon's Civil Statutes, to enter into and perform
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. 1
Commissioner Raymond W. Vowell, page 3 (M-1274)
written contracts with other state agencies for furnishing
necessary authorized special or technical services and to
reimburse the other agency therefor. The mode of payments
and transfer of funds should be provided for the inter-
a ency contract in conformity with Section 6 of Article
4813(32) and Section 8, subdivision (D) of Article 678f.
In Attorney General Opinion No. M-695, supra, it was
held that building repairs and remodeling are deemed
special or technical services within the purview and
meaning of this statute as well as within the scope of the
authorized purposes specified in Article 678m, Section 3,
supra.
You have advised that the funds for the renovation are
to be expended out of federal monies which may be used for
this purpose and will be disbursed from your "Federal
Public Welfare Administration Fund."
We also note that in the event such federal funds
should be deemed state funds, Article V of Senate Bill
No. 1, 3rd. C.S., 62nd. Leg., 1972, might become relevant,
wherein it is provided:
"None of the funds appropriated in
this Act may be expended for removing walls,
partitions or any other permanent part
of the first and second State office buildings
except for such renovations that may
be'necessary for new offices or depart-
ments moving into the building, unless
otherwise authorized and provided for
elsewhere in this Act, or-upon the approval
of the State Hoard of Control."@mphasls
Added.)
In executing any such contract, the Legislature has
provided through appropriate statutes that when improve-
ments or repairs are needed in the proper care and main-
tenance of State-owned buildings maintained by the Hoard
of Control, such as is the case with the John H. Reagan
State Office Building, the Board shall make and provide
for such repairs or improvements, including space allotment,
to be made under its direction. See Articles 678f,
Section 2(A), 673 and 665, Vernon's Civil Statutes. These
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Commissioner Raymond W. Vowell, page 4 (M-1274)
statutes must be construed in par1 materia with Articles
678m, Section .3, and 441x(32), and consequently it is
necessary that the Board of Control be joined as a party
to the proposed contract.
We are advised that the Board of Control is agreeable
to the proposed project and expenditures, and your question
is therefore answered in the affirmative, subject to the
approval of the Board of Control which must be a party
to the contract.
To the extent that any prior opinions of this office
hold in effect that the Board of Control is not a necessary
party to a contract where it has become the using agency
as to State-owned buildings maintained by the Board, such
opinions are hereby overruled in such respect.
-SUMMARY-
The State Department of Public Welfare
may contract with the State Building Com-
mission and the Board of Control for the
renovation of the fifth floor of the John
H. Reagan State Office Building, for the
renovation of other portions of that
building to accomodate the installation
of computers and other equipment, and for
the improvement of the defective elevator
system currently in use in that building.
al of Texas
Prepared by Kerns Taylor
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
W. B. Allen, Acting Chairman
-6256-
Commissioner Raymond W. Vowell, page 5 (M-1274)
John Banks
J. C. Davis
Roland Carleon
Harry Green
SAMUEL D. MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Aesistant
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