Untitled Texas Attorney General Opinion ( 1957 )

Honorable W. J. Burke Executive Dlrector State Board of Control Availabllitg,of moneys Austin,Texas appropriated in Item 79 in the Appropriation to the State Board of Control in House Bill No. 140, Acts o,f'the54th Legisla- ture, to purchase addition- al switch gear and trans- formers required for the expansion of the Capitol Dear Mr. Burke: Electrical system. You have requested an opinion on the following question: "Can any of the money identified in Items 79A and B (and more specificall,yany residual funds remainin after the rehabilitation of the be spent for the purchase of the heating system'i; additional swi.tchgear and transformer required for the expansion of the Capitol electrical system?" Item 79 of the Appropriation to the State Board of Control in the General,Appropriation Act (House.Bill 140, Acts of the 54th Legislature, Regular Session, 1955, Chapter 519, Page 1348 at Page 1425) provides in part: "CAPITOL AND STATE OFFICE FOR the Years Ending BUILDING August 31, August 31, 1956 1957 "Out of General Revenue.Fund: “79. Repairs and improvements to Capitol and State Office Buildings and grounds, equip- Unexpended ment, materials and labor .. $100,643 Balance "It is hereby declared to be the Leglslative intent that the foregoing appropriation in the amount of $100,643 be spent as nearly as practicable in the follow- ing manner: Honorable W. J. Burke, page 2 w-99 "State Capitol: For the Years Ending August 31, August 31, 1956 1957 'a. Replace worn-out steam radiators, steam traps, and steam water lines Unexpended as necessary , . . . . 845,860 balance "b. Repair and rebuild water cooling tower at power plant, and in- stall water lines for air conditioning units Unexpended in Capitol ; . . . . . 15,000 balance Unexpended 'c. Repair roof of Capitol 6,000 balance II tt . . . . . . . . . . . . . . . . . . . . . . . . Item 79 is appropriated for the purpose of making the repairs and improvements to the State Capitol and State Office Buildings and the Legislature has expressed a specific intent that the moneys appropriated shall be used as nearly as Qractic- able in the replacement of steam radiators and necessary installa- tion for air conditioning units in the Capitol. According to your request, additional switch gear and transformers are essential for the expansion of the Capitol elec- trical system, due to the improvements provided for in the appro- priation above set out. Since this expenditure is necessary for the air-conditioning units and conatltutes a necessary lmprove- ment to the Capitol and State office Buildings, it is our opinion that the appropriation contained in Item 79 may be spent for such purpose. Honorable W. J. Burke, me 3 w-99 SUMMARY Item 79 of the appropriation to the State Board of Control in the current biennium appropriation act may be ex- pended for the purchase of additional switch gear and transformers required for the expansion of the Capitol electrical system. Yours very truly, WILL WIISON Attorney General of Texas John Reeves JR:zt:rh Assistant APPROVED: OPINION COMMITTEE R. Grady Chandler, Chairman Arthur Sandlin Richard Stone B. H. Timmins, Jr. REVIEWED FOR THE ATTORNEY GENERAL Geo. P. Blackburn