Untitled Texas Attorney General Opinion

Admiral H. R. Nieman, Jr. Opinion No. C-656 Executive Director State Building Commission Re: Construction of the term ~. Austin, Texas "museum building", as used in Item "14" of the appro- priation in House Bill 12 of the 59th Legislature Dear Admiral Nieman: to the Building Commission. You have requested an opinion of this office on the following question: "Does the term Ia museum building' limit the expendi- ture of funds appropriated in this act to the construction of a single structure museum and preclude the expenditure of appropriated funds for the construction of a museum con- sisting of more than one structure?” House Bill 12 of the 59th Legislature, (The General Appropriation Bill) Regular Session, under the heading "BUILDING CGMMISSIOR" appropriated for the year ending August 31, 1967 the sum of $500,000 as follows: “14. For the construction of a museum building at Washington State Park, including architectural fees, site development, and necessary equipment. !'Noneof the furds appropriated above for construc- tion of a museum building at Washington State Park may be expended until $200,000 is received from private or local sources for the same Compliance with this paragraph shall be evidenced---'with by f the State Comptroller an affidavit showing the receipt of such private or local contributions for that ur ose prior to the award of any 4kii. contract for such construe It is further provided that the Building Commission, prior to letting contracts for the construction of this buildi+ shall seek the ad- vice of the Legislative Budget Board. ' (Emphasis added.) Your letter further suggests that this question has arisen because there has been some concern expressed among

-3174-

Admiral H. R. Rlelaan,Jr., page 2 (C-656)

individuals interested In Washington State Park who desire to treat the entire park as a museum, rather than the constructIon of a ~single structure for this purpose, so as to allow the re- habilitation, restoration and/or repair of buildfags presently In existence In the park. We are of the opinion from the reading of the above provisions of the General Appropriation Bill, that the language used is plain and unambiguous in its meaning, and in such case the law will be applied and enforced as it reads, regardless of policy, fairness or justice of Its 108 Tex. 167, 188 S.W. 103 (1916); Insurance Co., 109 Tex. 29 is , 206 6. lm 110 T 309, 220 S.W. 66 (1920 @k588,,' 25?i.Y. 2d g8\(1952). Rach of the three words “a museum building” clearly carry 8 single meaning, and when coppled with the condition that donations in the sum of $200.000 must be raised before the appropriation may be expended:“for construction of a museum build- \ &” further buttress this conclusion. “A, ‘museum’ is ‘a repository or a collection of natural, stiientiflc.or literary curioaltleo or ablecta a? interest. or of works of art. I Webster.” R&te Society, 85 corn-.289, 82 A. 5bl, Taken together, these three words ‘a museum building” i have the plalp and unambiguous meaning of a single Hzucture for the repository or collection of,natural , scientif$o, or literary curiosities or objects of interest, or of works of art. You are therefore advised that we are of the opinion that the phrase “a museum building” means a single structure or a closely connected complex for museum purpos.es,and that none of the funds appropriated may be~ufillsed for the purpose of rehabili- tating, restoring or repairing any of the historic buildings and/or facilities now located at Washington State Park.

Admiral Ii.R. Nieman, Jr., page 3(c-656)

SUMMARY

The phrase 'a museum building" means a single structure or a closely connected complex for museum purposes, and none of the funds appropriated may be utilized for the purpose of rehabilitating, restoring or repairing any of the historic buildings and/or facility now located at Washington State Park. Very truly yours, WAGGCNBR CARR Attorney General

By:

JPC:mla APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman John Reeves Alan Minter John Banks Linward Shivers APPROVED F'CRTHE ATTORNEY GENERAL By: T. B. Wright

-3176-