Untitled Texas Attorney General Opinion ( 1952 )

T
June 20, 1952
Hon. R. C. Lanning Opinion No. V-1467
Chairman
State Board of Cantxol Re: Legality of purchasing
Austin, Texas school busses and tires
and tubes for the Pan
American College, Edin-
burg, through the State
Dear Sir: Board of Control.
You have requested an opinion on the follow-
ing question:
"May or must the State Board of Control
purchase school busses and tires and tubes
for the Pan American College?"
The Pan American College~was established pur-
suant to the provisions of Article 2815t, V.C.S. pro-
viding for the creation and regulation of regional
junior college districts.
Article 634, V.C.S., provides:
"The Board of Control shall purchase all
the supplies used by each Department of the
State Government, including the State Prison
System, and each eleemosynary institution,
Normal school, Agricultural and Mechanical
College, University of Texas, and each and all
other State Schools or Departments of the State
Government heretofore or hereafter created.
Such supplies to include furniture and fixtures,
technical instruments and books, and all other
things required by the different departments or
institutions, except strictly perishable goods.'
It is our opinion that Article 634 was not intend-
ed to include colleges which are supported mainly by local
tax levies within the class of educational institutions
which must purchase their equipment and supplies through
the Board of Control.
Hon. R. C. Lanning, page 2 (V-1467)
The only other statute which might possibly
authorize the purchase of these busses and equipment
through the Board of Control is Article 634(B), V.C,S.,
which provides in part:
"All motor-vehicles used for transporting
school children, including buses, bus chassis,
and bus bodies, tires and tubes, purchased for
or by any school districtparticipating in the
Foundation School Program, shall,be purchased
by and through the Board of Control..."
Article 634(B), is a part of the Foundation
School Program Act (S.B. 116, Acts 51st Leg., R.S. 1949,
ch. 334, P. 625), which applies only to Texas public
school districts as distinguieshed from schools of higher
education. Article 2922-11, V.C.S. The ,Board of Control’s
authority to purchase school busses and equipment for
school districts is limited by the provisions of Article
634(B). Under its provisions the Board of Control can
only purchase busses for school districts "participating
in the Foundation School Program." The Pan American
College cannot participate in the~Foundation School Pro-
gram since such program is not applicable to universities,
colleges, and other s~choolsof higher education.
It is an,established rule that public officers
and governmental agencies possess only~such powers as ,are
conferred upon them by law or are necessarily iawlied
from the powers so confer~red. Andersonv. Houchins, 99
S.W.2d 1029 (Tex. Civ. App. ,lgm; E3ryanv. sundaerg, 5
Tex. 418 (1849).
It is therefore our opinion that the Board of
Control has no authority to purchase school busses,
tires, and tubes for the Pan American College.
The Board of Control does not have au-
thority to purchase schaol busses, tires, and
tubes for the Pan American College established
pursuant to Art. 2815t, V.C.S. since this
college is not a "State school within the
meaning of Art. 634, V.C.S., and since it does
not participate in the Foundation School Pro-
gram and therefore does not come within the
provisions of Art. 634 (B), V.C.S.
Hon. R. C. Lannlng, page 3 (~44’67)
Yours very truly,
APPROVED: PRICE DANIEL
Attorney General
J. C. Dqls, Jr.
County Affairs Didslon
Mary K. Wall teL?k
Revieting Assistant John Reeves
Assistant
Charles D. Mathews
First Assistant
JR:am