Untitled Texas Attorney General Opinion ( 1984 )

The Attorney General of Texas
December 13, 1984
AA MATTOX
Attorney General
Supreme Court Bullding l4r. Ed D. Roach Opinion No. JM-242
‘. 0. aor 12S4S President
hJllh lx. 78711. 2548 West Texas State University Re: Whether West Texas State
~12f4752SOl
Canyon, Texas 79016 University may convey certain
Telex 91ols74.13a7
-eImmier 51214750268
land to a hospital district
Dear President Roach:
714 Jackson. Suite 700
‘hllrs. TX. 75202.4506
You advise that, pursuant to chapter 174. Acts of the Sixty-third
21417424944
Legislature, the Icard of Regents of West Texas State University
conveyed an easemeIbt: to South Randall County Hospital District on 12
4824 Albarts Ave.. Suite 160 acres of land to he used for the construction of a hospital. The
El Piso. TX. 7SSo527S3 board of regents rltcained the fee title and coaveyed to the hospital
91Y53334s4 district an easemellt: for 50 years or until such time before 50 years
as the hospital facilities should be abandoned or neglected, at which
Texas. Suite 700
time all right, tit.1.e. and interest would revert to the state for the
“ouslon. TX. 77002-3111 use and benefit of West Texas State University. You further advise
71312215888 that, as consideration for the grant of the easement, the hospital
agreed to provide health care services to the students of the
university, which enables the university to eliminate the cost of
806 Broadway. Suits 312
Lubbock. TX. 7Wl-3479
providing a health care clinic on its campus. Realth care services
8061747-5238 for students are p;l:ld for under a contract between the university and
the hospital out 01: health services fees paid by the students.
4309 N. Tenth. Suite S
McAllm. TX. 78501-1885
You ask whett:er the Board of Regents of West Texas State
512!682.45(7 University may cotlvey the same acreages to the South Randall County
Hospital District Mth a fee title that is subject to reversion to the
state for the use and benefit of West Texas State University if the
2M) Main Plaza. Suite 400
hospital district s.baadons or neglects the hospital facilities. We
5.” Antonio. TX. 782052797
512l225.44191
conclude that the legislature has authorized the board of regents to
convey such a fee! title to the land in question to the hospital
district to be use’i for hospital purposes.
An Equal OppOrtunItYI
Affirmalive Action EmplOYOr The disposition of state-owned land is a matter over which the
legislature has exclusive control and the power of an agency of the
state to convey state property may be exercised only under the
legislature’s authorization. See Lorino V. Crawford Packing Co., 175
S.W.2d 410. 414 (Tex. 1943); Cxey v. Devghters of the Republic, 156
S.W. 197, 200 (Tex. 1913); Attorney General Opinions JM-149 (1984);
MW-62 (1979); C-2’)‘? (1964); V-878 (1949). The terms of legislative
authorization for the conveyance of land must be strictly complied
p. 1089
Mr. Ed D. Roach - Page 2 (a-242)
- .
with. See State v.
Easlcy, 404 S.W.Zd 296 (Tex. 1966); Wilson v.
County ofcalhoun, 489 S.W.id, 393 (Tex. Civ. App. - Corpus Christ1
1972, writ ref’d n.r.e.1; Attorney General Opinions J&14,9 (1984);
Mw-62 (1979). In Conlcy v,-Daughters of the Republic, the Texas
Supreme Court said that the legislature
has in general ’t!te same rights and powers in
respect to property as an individual. It may
acquire property, real or personal, by conveyance,
will. or otherwise. and hold or dispose of the
same or apply it to any purpose, public or
private, as it see13 fit. The power of the state
in respect to its property rights is vested in the
Legislature, and the Legislature alone can
exercise the power mscessary to the enjoyment and
protection of thoss rights, by the enactment of
statutes for that purpose. . . .’
-Id. at 200.
section 1, chapter 174, Acts of the Sixty-third Legislature.
clearly authorizes the board of regents “to transfer and convey” the
land in question to the hospital district “under such terms and
conditions as may be deemed klvisable by the board of regents. . . .‘I
Acts 1973, 63rd Leg., ch. 174, 91, at 396. Section 2 of chapter 174
provi~des that
[i]f the land described in Section 1 of this
Act is transferred to the South Randall County
Rospital District, the South Randall County
Hospital District shall have the right to
construct a hospital and related facilities on the
land described in Section 1. In the event the
hospital faciliti~:t3 shall be abandoned or
neglected, all ti1:l.e and interest in the land
described in Scctic~n 1 shall revert to the State
of Texas for the use and benefit of West Texas
State University.
-Id. 52, at 397.
You also inquire what. if any, consideration is necessary for the
conveyance of the fee title to the land. The legislature did not
require a specific conslderr~tion. Chapter 174 leaves tarns and
conditions of the transfer tc, the discretion of the board of regents.
By the conveyance of the property to the public purpose of msintaining
hospital facilities, we belic:ve that the legislature impliedly voiced
its intention that the conveyance of the property serve as a benefit
to public welfare.
p. 1090
Mr. Ed D. Roach - Page 3 (m-242)
The board of regents’ conveyance of an easement to the hospital
district for hospital purpt~oes for a term of yearr in return for an
agreement that the hospita:l district provide health care services to
students of the university ,iuring the period of the easement clearly
constitutes a conveyance for a public purpose which benefits the
university and promotes tht! public welfare. Presumably, in conveying
the fee title to the propwty instead of the current easement for a
term, the parties will substitute for the present agreemot during the
term of the easement an agr’eement by the hospital district to continue
furnishing health care sexvices to students for then duration of the
fee title as provided by contract between the university and the
hospital district. In our opinion. such a conveyance and agreement
constitute adequate consideration for the transfer in question and
comply with the legislatiw authorization for the conveyance.
SUMMARY
Acts 1973 of the Sixty-third Legislature,
chapter 174 at ‘?age 396 authorizes the Board of
Regents of West Texas State University to convey
certain land to the South Randall County Hospital
District for hospltsl purposes. A conveyance of a
fee title to the land, subject to reversion to the
state If the hospital district does not maintain a
hospital, and a[~ agreement that the hospital
provide health care services to students comply
with the legislature’s authorization for
conveyance of the land.
JItl MATTOX
Attorney General of Texas
TOMGREEN
First Assistant Attorney Caneral
DAVID R. RICHARDS
Executive Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committ 20
Prepared by Nancy Sutton
Assistant Attorney General
p. 1091
Mr. Cd D. Roach - PsP,e 4 (RI-242)
APPROVED:
OPINION COMIITTEE
Rick Gilpin. Chairman
Colin Carl
Susan Garrison
-Tony Guillory
Jim Moellfnger
Jennifer Riggs
Nancy Sutton
p. 1092 r