Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN GROVER SELLERS ATTORNEY GENERAL
Homorable Weaver H. Baker, Chairman State Board of Control Austin 11 Texas
Dear Mr. Baker:
Opinion No. 0-9008 Ret Authority of the state Board of Control, with the eproference of the legislative and theahewa Council, to eonstruet and the of fice building as defined in House B1/18, 201 and 218, since it has surchased the iribune building.
We beg to acknowledge receipt of your request for an opinion from this department upon the above-captioned subject matter.
In order to determine the scope and extent of the authority of the state board of control, with the assistance of the legislative and business council, set up by House Bill 301, we quote the following sections of that act:
"Section 1. That there may be constructed two (c) office buildings and a garage during the blemnive ending August 31, 1947. Said buildings shall be located on/any State owned property lying south and at/alone to the Capitol grounds as more fully described herein.
"Sec. 2. That such buildings shall be constructed under the supervision of the state Board of Control with the assistance of a legislative and business Council, composed of a member of the House to be appointed by the Speaker, a member of the Senate, appointed by the Lieutenant-Governor, the Speaker of the House, the Attorney General, and the Lieutenant-Governor.
"Sec. 3. Such buildings shall be of fireproof construction and shall be provided with modern improvements, particularly air-conditioning,
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geasrable Weaver II. Baker - page 2
preper light, heat, and ventilation, and other necessary utilities. "Sec. 4. One of said buildings shall be designed to accomodate the supreme Court of Texas and its Comniesion of Appeals; the Court of Criminal Appeals of Texas and its Comniesion of Appeals; the State's Attorney before the Court of Criminal Appeals; the Court of Civil Appeals, Third District; the Attorney General of Texas; and such other offices as space therein will permit. This building shall be known as the 'State Courts Building.' "Sec. 5. The other of said buildings shall be designed and constructed for office space only, except the ground floor which shall be designed to care for tenants engaged in such businesses as will best accomodate the needs of State officers and employees; especially, the drug, safe, and barber business. The name of this building shall be the 'State Office Building.'
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"Sec. 12. There ia hereby appropriated for the bismium ending August 31, 1947, the sum of Fifty Thousand Dollars ( ) out of the General Revenue Fund for the purpose of constructing said office buildings, garage, underpass and tunnel, and for the purpose of equipping same, and for the further purpose of defraying the legal, architectural, engineering, and inspection expenses connected therewith. "Out of this appropriation the said Board of Control is hereby authorized and directed to employ a Registered Architect or Architectural Firm or firms (hereinafter referred to as the Architecte), in private practice, on a customary fee basis for the preparation of preliminary sketches, plans and specifications, and for the supervision of the construction of said buildings. "The Architecte so selected and employed shall, in turn, employ registered Professional Engineers for the design of the structural and the mechanical phases of said buildings, said
*3 Homerable Weaver H. Baker - page 3
Professional Engineers to be satisfactory to the said Board of Control. The Architects shall submit all preliminary designs to said Board of Control and receive approval before beginning preparation of working plans and specifications, shall at all times consult with the Board of Control and, upon completion of said plans and specifications, secure the approval of same from the Board of Control.
Sec. 13. In addition to the above appropriations, there is hereby appropriated for the biennium ending August 31, 1047, the sum of Twenty-five Thousand Dollars ($25,000) out of the General Revenue Fund of the State, or so much thereof as is necessary, to break and remove the old Nation Building from its present site, and to pay expenses of whatsoever kind as are necessary for such purposes.
Sec. 15. There is hereby appropriated out of the General Revenue Fund of the State of Texas the further sum of Two Thousand Dollars ($2,000) for removing the law libraries of said Courts and of the Attorney General of Texas to the State Courts Building.
Sec. 17. The State Board of Control is hereby authorized to negotiate as soon as possible for the purchase for the State of Texas the Tribune Building in the City of Austin, Texas, and the real estate upon which said building is located, as well as all other land and improvements pertaining thereto, or used in connection therewith for parking purposes or for any other purpose, from the owners thereof, at a cost not to exceed the estimate fixed, after due appraisal by the State Engineers, and only then upon the approval of a majority of the following: The Speaker of the House, a Member of the House to be selected by the Speaker of the House, the Lieutenant Governor, a Member of the Senate to be selected by the Lieutenant Governor, the Attorney General of Texas, and the Chairman of the Board of Control.
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Senerable Weaver N. Baker - page 4
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"Sec. 21. The purchase price for the said Tribune Building, real estate and land shall be paid out of the funde appropriated and provided for in and in the menner get out in Houde Bill No. 818 of the Reguler Session of the Ports-minth Legislaturo, and provided further that the sum for the cost of the twe office buildings as deoribed in this act shall be appropriated out of and provided in the menner get out in Houde' Bill Vo. 818 of the Reguler Session of the Ports-minth Legislature."
For the same purpose -- the background of your authority -- ve quote the following from Bouse Bill 818: "Section 1. The State Treasurer of the State of Texas is hereby directed to transfer imediate1y the sum of One Million bollars ( ) from the 011 and Gas Enforcement Fund to the General Revenue Fund. Said sum of money so transferred, is hereby appropriated for the purpose of constructing or purchasing, or constructing and purchasing, an office building or state Courts Building or garage, underpase and tunnelr, either or all of them, and for the purpose of equipping the same as may be provided for by the leglalature."
Under a familiar rule of statutory construction, we should consider the two bills as being complementary to each other, since both of them deal with the same subject.
House Bill No. 818 is the Appropriation Act, making available the funda with which to pay for the aequitation of the buildings provided for in Houde Bill 301. The essential specific purpose for such appropriations is found in Section 1 of the first-named Houde Bill 818, as followa: "Said sum of money so trenaferred is hereby appropriated for the purpose of constructing or purchasing, or constructing and purchasing, an office building or state Courts Building or garage, underpase and tunnelr, either or all of them, and for the purpose of equipping the same as may be provided for by the leglalature."
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Nonorable Weaver H. Baker - page 8
The aneceeding section makes a similar further appropriation "as may be necessary for the purpose hereinahove designated."
The third section makes a further transfer of funds to the General Revenue fund "for the ane purpose or purposea mentioned in leetion 1 hereof."
It beaemea neeessary, therefore, for us to look to House Bill 301 for the more specific designation of the building or buildings to be purchased or constructed through the funds and monaya thus appropriated, for the Legielature plainly contemplates in House Bill No. 818 that auch specific buildings to be parchased or constructed from the fund were thereafter to be "provided for by the Legislature."
Now, 'the imital Section 1 of House Bill 301 centenplates "That there may be constructed two (2) office buildings and a garage during the blemnism ending August 31, 1947." By this it meant that one of such office buildings shall be known as the "State Courta Building" (Section 4), and that the other of said buildings shall be known as the "State office building." (Section 5).
From this it is obvious that the "State Courts Building" is one of the office buildings contemplated by House Bill No. 301. The other office building necessarily, therefore, is the "State office building." Clearly, the authority of the Board and the Council extends to the construction of the "State office building", which, if constructed, is required to be placed on the west side of Congress Avenue upon the lot described in Section 7 of House Bill 301, if the Board and Council have not exhausted that authority in the purchase of the Tribune building.
Now, Section 17 of House Bill 301 authorizes the Board of Control and the Council to purchase the Tribune building. Undoubtedly, the Legislature knew when it extended this authority that the Tribune building was a modern office building, and not a building specially designed for a Courte Building, and therefore intended as to the "State office building"of section 7 that the Board and Council were given the option of construction or purchase of the Tribune building. This conclusion is accentuated by the language of section 21, declaring that, "provided further that the sum for the coat of the two office buildings as described in this Act shall be appropriated out of and provided in the manner not out in House Bill No. 818 of the Regular session of the
*6 Hegorahle Weaver ii. Baker - pace 6
Forty-ninth roglalature." (Emphasis eupplied) It appoars, therefore, that the roglalature, by and large, conaidering both Houa Bille with reference to each other, as re should, contomplated only that two "office buildings" should be parchased, constructed or aequired, and moreover that tho state Courts Building was ono of the two.
From these conalderations it follows that the Board and Council, having olected to purchase the Tribune building, now in lezal contemplation the "fate office building", they may not now construnt another fite office bullding on the weat side of Congroge Avenue.
Very truly youre
ATTORNEY GEBERAL OF TEXAS