PX&ICE DANIEL 16, Oc~tober' 1951 Hon. Robert S. Calvert Comptrollerof Public Accounts Austin, Texas Opinion Ro. V-1318. Re: Legality of the Texas EmploymentCommission purchasing evaporative Dear Sir: alr cooling units. You have requested the opinion of this office concerningthe authority of your departmentto Issue a warrant to cover the purchase of evaporative . _ cooling units by the Texas Employment Commlsslonas reflected in the voucher submitted by that agency for your ap- proval. We were subsequentlyInformed that you are ln- qulring only about the applicabilityof House Concurrent Resolution 38, Acts 52nd Legislature,1951, to the pur- chase of these devices, rather than the general author- ity of your departmentwith respect to the approval of Texas Employment Commission expenditures. House ConcurrentResolution 38 prohibits State agencies from purchasingnew air conditioningequipment, except under certain conditions. Att'y Gen. Op. V-1269 (1951). The Texas Employment Commission does not fall within any of these exceptions. The resolutionwas signed by the Governor on May 10, 1951, and therefore became effective at that time. Tex. Const. Art. IV, Sec. 15. The evaporativecoolers In question were or- dered on June 29, 1951, and, If classed as "air condl- tlonlng units," they are subject to the restrictionsof the resolution. In our Otlnion v-1269, we defined an air con- ditioning unit as an apparatus used to reduce the tem- perature and affect the humidity of the air In an enclosed space." On the basis'of that definition,we held that an ordinary air circulatingor exhaust fan is not covered by the provisions of House ConcurrentResolution 38. An evaporativecooler, however, is more than just a fan. It contains a fan or other similar blowing device, of course, Hon. Robert S. Calvert, Page 2 (V-1318) but the agency for moving the air 1s built into com- M;;;f;n with other devices such as pads, screens, or and a moistening apparatus,which cool the air lntrodu6ed into the unit. Thus the evaporativecooler not only moves the air but affects air temperatureas well. In other words, a fan cools by air motion, an evaporativecooler by air conditioning. In discussingthe technical aspects of cool- ing air by drawing It through a fine water spray or a water soaked mat, an official of an air condltloning company has said: "This process Is termed adiabatic saturation which means saturationwithout the additi of heat. Coolln$ in this manner . . . Is called 1 EncyclopediaAmericana (194 opedla Britannica (1945 Ed.) The evaporativecooler Is but one of several ar- tlflclal means of reducing the temperatureof air. Be- fore the developmentof refrigerationtype equipment, this process, In one form or another, constitutedthe exclusive method of cooling air. Although usually less efficient and less expensive than refrigerationtype equipment, devices which cool the air by means of this process are regarded as a type or kind of air condl- tloner by experts In the field. Therefore,we are of the opinion that an evaporativecooling unit 1s an "air conditioning unit" within the provisionsof House Con- current Resolution 38. House ConcurrentResolution 38 was in effect at the time the Texas Employment Commlsslon ordered these evaporativecoolers. Having concluded that an evapora- tive cooling unit is an "air conditioningunit" subject to the restrictionsof the resolution,we must hold that your department Is not authorized to Issue a warrant to cover the purchases listed on the voucher submitted by the Texas EmploymentCommission. SUMMARY An evaporativecool1 unit is an "air conditioningunit" within? he provisions of House Concurrent Resolution 38, Acts 52nd Legislature,1951, and the Comptroller of Public Accounts Is not authorized to issue . I. - Hon. Robert S. Calvert, Page 3 (v-1318) warrants in payment for new units or- dered by a State agency after the effec- tive date of the resolution. APPROVED: Yours very truly, David B. Irons PRICE DANIEL AdmlnlstratlveAssistant Attorney General Jesse P. I.&on, Jr. Reviewing Assistant By``.G--4 \ ' Charles D. Mathews Calvin B. Garwood, Jr. a First Assistant Assistant CBG:em