Untitled Texas Attorney General Opinion ( 1957 )

‘,.’ . Ausrxs aa. TEXAH November 18, 1957 Dr.,J. W. Edgar Opinion No. WW-301 State Commissioner of Education Re: Whether A. & M. College System Austin; Texas lands may be classifiedas State University owned land within the meanin of Section 5 of Arti- cle 2922-li!of Vernon's Civil ' Dear Dr. Edgar: Statutes. We quote from your request for an opinion as follows: "The third paragraph of Section 5 of Article 2922-16 Vernon's Civil Statutes, as amended Acts 195%; 5&d Legislature,1st Called Session, lden- tical prior to its amendment, provides in part as follows: ‘. ml Provided,however, that In any district containing State University-ownedland amount assigned to such school district h&i r reduced in the proportionthat the area included in the above-namedclassificationbears to the to- tal area of the district. . . .I "See also the tenth paragraph,subsection (3) of Article 2922-16. "It has been certified for purposes of 1957- 58 local fund assignment-allocationof the above uoted law that A. & M. College of Texas comprises 8.53 square miles of 'Universityland (TexasA.~& M.)' land which is located within the boundaries of A. & M. ConsolidatedSchool District whose total area is 65 square miles. Op the basis of .thiscer- tification,,theschool district is claiming.eligL bility for a 13.123 percent reduction in its 1957- 58 local fund assignment,which would approxmlate a $2 572 credit this'year. We are advised and admicted that the 8.53 square miles comprise campus lands,and local land under the jurisdictionand control of A. & M. College. In short, .lti-s.land .,~,owned'by the State of Texas for the use and benefit of A. & M. College, located within the above men- tioned school.p+strict.. . .m Dr. J; W. Edgar, page 2 (WW-301) Section 13.of Article VII of the Constitutionof Texas makes the Agriculturaland MechanicalCollege of Texas a branch of the University of Texas, Section L5 of Article VII of the Constitutionsets apart and appropriates"for the endowment,maintenanceand support of said University and Its branches, one million acres of unappropriatedpublic domain of the state." !Lhelands so set apart were,in addition to those theretoforeset apar,tto the University. Although the Agriculturaland Mechanical Col1ege.i~ a constitutionalbranch of the Universityof Texas, the former institutionis governed by its own Board of Directors. The .Roardof Regents of the University of Texas i,sthe governing authority for ,theUniversity System and of the permanentfund of the University of Texas. The permanentfund Includesall of the lands and public domain set apart and appropriatedfor the University and Its respectivebranches. The available Uni- versity Fund received from the PermanentUniversityFund is divided between the University of Texas and the Agricultural and Mechanical College, the former receiving two-thirdsand the latter one-third of the net fund. Section 5 of Article 2922-16 provides ti substance that a school district which contains "State University-owned, land* shall be entitled to a reduction in its local fund as- signment "in the proportionthat the area included in the above- named classificationbears to the total area of the district. w The A. & M. ConsolidatedIndependentSchool District hai ipplled'fora.reduction in its local fund assignmentbe- cause 'ofA. & M. College lands which are located within the lim- its of the school district. The question before us Is whether such lands are "State University owned" lands within the meaning of Section S.of Article 2922-16. We~are advised by the Universityof Texas that the foregoingcampus lands are not a part of the endowment lands of the University of Texas. The Board of Regents of the University of Texasexercises no control or supervisionover said lands or any port&on thereof. In fact, the Board of Mrectors of A. & M. College is authorized by Article 2613a of Vernon's Civil Stat- utes, to purchase, sell or lease lands for campus purposes. The lands so acquired are under the exclusive jurisdlct+onand con- trol of the Board of Directors. Article 2922-16 was enacted in 1949 by Acts of the 5lst Legislature. You advise in your request that the Education Dr. J. W. Edgar, page 3 (WW-301) Agency has consistentlyinterpretedthe phrase "State Unlverslty- owned land", as used therein, as Including only the campus and endowment lands of the University of Texas which are actually under the jurisdictionand control of the Board of Regents of the University. The calculationof local fund assignmentshas been in accordancewith such administrativeconstructionsince 1*9* The Legislaturehas convened a number of times subsequent to this date and by its failure to clarify .oramend the language of the subject statute,has by implicationindicatedits appro- val of the constructionwhich had been given same. The Courts will ordinarilyadopt and uphold a construc- tion placed upon a statute by an executive officer or .department charged with its administration,If the statute is ambiguous or uncertain and the constructionso given it Is 'reasonable.3$ Tex.Jur. 236 and cases there cited. We believe that the language of the statute is uncer- tain and .thatthe constructiongiven same by the Education Agency Is reasonable. You are thereforeadvised that landb of the Texas Agrl- cultural and MechanicalCollege, under the facts stated,are not State University-ownedland.withlnthe meaning of Section 5 of Article 2922~16 of Vernon's Civil Statutes. ColIege lands of the Agriculturaland Mechanical College,under the facts stated are not State Univer- sity-ownedland within .themea&g of Section 5 of Article 2922-16,ofVernon's Civil Statutes. Very truly yours, WILLWILSCB Attorney Gsneral of.Texas g-$&ddzQT/ w Leonard Passmore Assistant LPXpfrwb Dr.-J. W. Edgar, page 4 (WW-301) APPROVED: OPINION COMMITTEE Geo. P. Rlackburn,Chairman J. ,MarkMcLaughlin C. K. Richards ``.'~rletta,.McGregor,Payne REVIEWED FOR TIIE'ATTORNEY GENERAL By: 'James N. Ludlum