Untitled Texas Attorney General Opinion ( 1947 )

R-364
EATTOIRNEY GENERAL
QFTEXAS
PRICE DANIEL
ATTORNEYGENERAL
May 28, 1947
Hon. L. ,A. Wooda
State Superintendent
State Depsrtment of Education
Austin, Texas
AtteatFon: Hon. T. M. Trimble
Dear
OpinionNo. V-217
Re : Legality of contract be-
tween Board of Trustees
of an independent school
district and a radio sta-
tion to give the latter
exclusive broadcasting
rights for football games.
Your letter requesting an opinion from this Dspsrt-
ment is as follows:
“At the request of Mr. Murry I?. Ply,
Superintendent of Schools of Odessa, Texas,
I am submlttlng the problems contalned in
the attached letter for your consideration
and opinion. ”
We quote the letter from Hon. Murry Ii. Fly which is
attached to your request :
“Iast November the Board of Trustees of
Ector County Independent School District gave
a contract to ERIC, a broadcasting station
here, to broadcast football games for the
season 1947-48.The contract was exclusive.
KOSA and ICEKXC,two other broadcasting stations,
are contending that the Board could not give
an exclusive ,contract and they are contending,
Hon. L. A. Woods - Page 2
that is, KO3A is, that the local school board
cannot prevent their broadcasting. The Board
has asked me to write you for an opinion, and,
presently an opinion from the Attorney Qeneral
on the matter If you do not already have a
ruling from him regarding a case similar to
ours.
,:i-
“Que st Ion #l. Has the Board a legal right
or was it in its legal rights to grant an exclu-
sive contract to a radio station to broaacast
football games for a period of. two years?
Does the fact’ that there was
that is, the contract wae ,’
awarded to KRIQ gratis, enter into the question?
Does the fact: that the other
not in existence at the time
the contract was awarded enter into the question?”
School trustees are vested under our laws with broad
powers in the control and management of schools. They are
charged with the promotion of the education within their re-
spective districts and ins the absence of statutory limitation,
they are vested with large discretion fin the exercise of their
powers of administration. State Line School District v. Far-
well School District, 48 3.W. 616.
In the case of Royse Independent School District v.
Re inhardt , 159 3.W. 1010, Reinhardt and others were attempting
to restrain the members of the Rdyse Booster Cl,ub and the
Trustees of the Royse Independent School District from perform-
ing contract between said Trustees and members of the Club by’
the terms of which the Trustees granted to the Club the’,privl-
lege of using the south end of the public school campus as a
ball ground during the period intervening between the clnse
of the school in the Spring and the cotmzencement of the school
in the Fall.’ It was held in this case that the Board. of Trus-
tees Is given exclusLve power bf management, regulation and
control of the schools and school property within’the district
and had the power to grant to the,.Royse Booster Cl~ub the right
to use the school’s baseball field so long &s said use did not
interfere with the school’s activities or injure the school
property. See also: Beard v. Board of Education,: 16 Pi (26)
900, and Young v. Board ‘of Trustees, 4 P. (2d) 725.
Hon. L. A. Woods - Page 3
It is recognized generally that athletic contests,
inter-scholastic league meetings and other extra-curricular
activities have become a necessary and intergral part of our
educational system. Plans for modern schools, including the
most complete gymnasiums and football stadiums, have been
designed with the view of providing proper facilities for the
furtherance of this program. .,Brooks v. Elder, 189, N.W. 284;
Merriman v. School District No. 15, et e.1, 86 A.L.R. 1181.
Modern football stad,iums are now equipped with necessary and
adequate radio and press facilities. The Board of Trustees
being vested with the control and management of such property
and having large discretion in the exercise of their power of
administration of school activities, have the right by bid or
otherwise to permit ,or refuse to permit any person to use such
facilities so long as its action does not constitute a clear
abuse of discretion in the exercise of its powers of adminl-
stration. In order that the Board’s action may not be arbi-
trary but for the best’ interest of the schools, such a contract
should be let upon bids for a valuable consideration. If only
one station exists or only one birds, the contract would be
valid provided some benefit was provided thereby to the schools.
30 far as this Department has been able to determine,
this is the first time a question has been raised concerning
the Board of Trustee9 authority to contract with a radio sta-
tion to broadcast football games of the high schools within
their district. We have been unable to find any statutory
limitation with reference to such contracts. Therefore, it
is the opinion of, this Department that the Board of Trustees
oC .Ector County Independent School District has the authority
to grant an exclusive contract to a radio station to broad-
CJ st regularly scheduled football games.
In answer to your second question, we would like to
point out that it is a fundamental rule that every contract
must be supported by a considerntion, and a contract without
any consideration is not binding upon the parties and is un-
enforceable. See : 10 Tex. Jur. 112 and cases cited therein.
It is, therefore , our opinion that in the absence of consider-
ation the cbntract is not binding upon the Board of Trustees
of Ector County Independent School District. This is not t,o
be construed as meaning’the Board of Trustees does not have
the power to grant an exclusive permit to the radio station,
but simply that the Board of Trustee3 now has the power to
grant the pl-ivilcges to the other radio stations in the absence
of consideration if it so d.esires. If a valuable consid~era-
tion, whether cash, advertising, or any substantial benefit to
the school, was given for the present contract, then it is
Hog. L. A. Woods - Page 4
binding even though other stations have since come into
existence and now want the same privilege.
SUMMARY
The Board of Trustees of Ector County
Independent School District has the authority
to grant an exclusive contract, to a radio
station to broadcast regularly scheduled foot-
ball games.
Yours very truly
ATTOFtNEYGENERALOF TEXAS
Assistant
JR:djm
APPROVED:
ATTORNEYGEi’iXRAL