Untitled Texas Attorney General Opinion ( 1946 )

E NEY GENE-I. EXAS Honorable Theophllus S. Painter, President The University of Texas University Station, Austin, Texas Dear Sir: Opinion No. O-7091 Re: Whether or not the Board of Regents‘of the University of Texas can legally expend money from the Available University Fund for the purposes set out herein. We have your request of July 8, 1946, which reads as follows: "Your department in Opinion No:~O-4510; addressed to the President of The University of'Texas; held in effect that the Board of Regentsof~The University of Texas had the authority"to acquire property by convey- ance from the United States Govern&t to'be used as a site for an oceanography laboratory on the Gulf of Mexico. "The University now expects to acquire title to this property In the near future tionsistlngof ap- proximately eleven acres of land on Mustang Island fronting on the Gulf of Mexico near~the'town of Port Aransas to be'used as a site for'a 'tirine or ocean- ography laboratory. There is~now lbti~atizd bn~said premises an old buil.dIngfornierlg'usea'asisfield of- fice by the United States Army Engineers, and'the con- veyance from~the Government is to include these im- provements. _ "Assuming that the Board of Regents of The*Uni- versity of Texas does acquire title'to~this'property, together with the 'improvementssltuat6d thtireon,will you'please advise me whether 'oriiot'theRegents could legally expend money from the AvCiilable'Uhivei%ity'Fund for the purpose of repairing, remodellng~and improving said building now on said premises‘fbr~%hk purpose of housing a laboratory for the study~of~marine science or oceanography in connection with courses of study given in The University of Texas at Austin, Texas. Hon. Theophilus S. Painter, page 2 O-7091 "Furthermore, will you please advise me whether or not the Regents can legally expend money from the Available University Fund for the purposesof erecting new bulldings and other improvements on said slte for the purpose of a marine'laboratory In connectlon with study and research of oceanography 'ormarine science, the results of which study and research is to be used in connection with instruction and study of',:co;rses given at the Main University at Austin, Texas. We believe that the answer to'both your questions is determined by Article 2592, V.A.C.S., applicable portions of which we quote: "The Board of Regents of the University of Texas and the Board of Directors of the-Agricultural Andy Mechanical College,of Texas shall; with the approval of the Legislature, expend the Available University Fund for the construction of buildings on the campuses of thelr respective institutions'ahd for the extension and improvement of their campuses'and for the equip- ment of buildings thereon In the proportions and amounts hereinafter indicated; * * * *II Whether this statute is deemed mandatory or merely di-' rectory, it strongly negatives the idea that any improvements may be made on the land in question out of the Available University Fund, and we are unable to find such authority elsewhere. Of course, money8 from such fund can be secured through proper legis- lation. Therefore, we must answer both your questions In the negative. Very truly yours ATTORNEY GENERAL OF TEXAS By s/Woodrow Edwards Woodrow Edwards Assistant WE-bw-WC APPROVED JULY 24, 1946 , s/w.V. Geppert (Acting) ATTORNEY GENERAL OF TEXAS Approved Opinion Committee By s/A.L.W. Chairman