Untitled Texas Attorney General Opinion ( 1972 )

Honorable James C. Jernigan Opinion No. M- 1158
President
Texas A&I University Re: Whether Texas A&I
Klngsville, Texas 78763 University may legally
receive, for a nominal
consideration or through
donation, a tract of
land from the City of
Kingsville wlthoutcon-
demnation proceedings
or express legislative
Dear Sir: authority?
You'have requested the opinion of this office regarding
the above question.
The first question to be answered is the authority of
Texas A&I University to acquire the property by donation
or purchase. All references are to Sections of the Educa-
tion Code.
1. 55.01(l) defines ~"institution of higher educa-
tion" as ,havlng the meaning assigned it by
61.00 (7). By virtue of its enumeration in 61.
OO3(3 j explained by 61.003(4) Texas A&I is
an 'lnstituion of higher education" under
61.003(7) and is such for purposes of Chapter
55 of the Code.
2. 55.01(2) defines "board" as the body having
control of an institution of higher education.
3. Chapter 55 deals with financing permanent
improvements. 55.11 provides, "Each board
is authorized to acquire,
prope;ty . . . on behalf o??%%stituti%?
. . . (Emphasis added.)
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Hon. James C. Jernigan, page 2 (M-1158)
4. 104.21 confers upon the board at Texas A&I
at Kingsville the same powers that are con-
ferred upon the Board of Regents, State
Senior Colleges, except as otherwise proved,
which under Section 95.31 “may acquire land
needed for the proper operation of a senior
college. Such acquisition may be by purchase
or condemnation.”
These above provisions of the Education Code take this
transaction out of the language of Sectlo 24, Article V
of the current General Appropriation Act. r This rider
would in effect prevent any state agency receiving appro-
priations from accepting the donation of real property or
expending any of its appropriated moneys for the purchase
of real property “without the expressed permission and
authorization of the Legislature. ”
Our opinion is that Texa s A&I University through Its
Board of Regents may acquire the land by purchase, con-
demnation, or donation. We do not construe the approprl-
ation rider as precluding the acquisition since general
statutory authority exists in support thereof.
The above statutes were in existence at the passage of
the current General Appropriation Act and the language
“each Board Is authorized to acquire, . . . any property
on behalf o,f its institution . .‘I and the other
l%visions above quoted constitute existing constitutional
authorizati~on for the acquisition of property inquired about
in your opinion request. The existence of this pre-existing
authorization precludes any question of the applicability
of Article V,~ Section 24 (last paragraph) of the current
Appropriation Bill to the question presented, since the
latter provision by its expressed language becomes appllca-
ble only in the absence of existing statutory authorization
for agency acquisition.
1Acts 62nd Leg., R,.S. 1971,, as amended by Acts 62nd
Leg., 1st C.S. 1971, p. V-45, 3805-3806.
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Hon. James C. Jernigan, page 3 (M-1158)
The statutory authority to acquire by "purchase" is
not restricted and is construed to include all lawful
acquisitlonof real estate by any means whatever, except
by descent, when so used in Its larger and technical
sense. Cobb v. Webb, 64 S.W. 792(Tex.Civ.App. 1901,
no writ); 73 C.S.S. 20'7, Property, Section 15b(2); Words
and Phrases, Vol. lA, p. 577, and authorities therein
cited.
Such a statutory code provision as here involved should
be liberally construed with a view to effect Its objects
and to promote justice. Art. 10(8), V.C.S. Accordingly,
we construe the authority given for acquisitions of lands
by purchase or condemnation to have been used in the
larger, technical sense so as to include donations or
gifts.
We express no opinion on the authority of the City
to make the conveyance. We suggest, however, that Article
5421q, Vernon's Civil Statutes, be studied and complied
with to the extent that It bears upon the questions posed
by you.
-SUMMARY-
Texas A&I University may legally receive by
conveyance and for a nominal consideration a
tract of land to be legally abandoned or disposed
of by the City of Kingsvllle without benefit of
formal condemnation proceedings or express legls-
lative authority.
truly yours,
Prepared by Edward B. Rather
Assistant Attorney General
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^
. . .
Hon. James C. Jernigan, page 4 (M-1158)
APPROVED: OPINION
COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Bill Campbell
Fisher Tyler
John Richards
James Quick
SAMUELD. MCDANIEL
Staff Legal Assistant
ALFREDWALKER
Executive Assistant
NOLA WRITE
First Assistant
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