Untitled Texas Attorney General Opinion ( 1962 )

~THEA~YORNEY GENERAL
OF TEXAS
March 5, 1962
Colonel W. 9. Rates, Chairman
Board of Regents Opinion NO. ww-1269
University of Houston
Houston, Texas Re: Whether a proposed non-
denominational tReligious
Center' building, which
Is to be constructed and
equipped with donated funds,
is a proper and valid '
facility of the University
Dear Colonel Bates: of Houston,
In your request for an opinion from this office, you
enclosed a copy of a Resolution adopted by the Board of Regents
of 5he University of Houston on July 25, 1961. By the express
wording of this Resolution the policy of the University of
Houston is established with regard to the proposed 'Reliqious
Center' building which is to be constructed on the University
of Houston campus. That portion of the Resolution most
pertinent to our discussion reads asfollows:
'%MFREAS, the University of Houston has
projected plans for a building on its campus
to be known as a 'Religious Center,' and
"Whereas, the Religious Center Is planned
for the use of member denominatLons of the
Universltyts Religious Groups Council to pro-
vide office space and facilities for various
religious services and meetings for their
officially recognized religious advisors and
their respective student groups, and It is also
planned that said building shall be used from
time to time by student and faculty groups of
the University for various other University
educational purposes, and
"Whereas, each denomination and/or Individual
members of these denominations have or will con-
tribute financially toward the construction of
said Religious Center Building to the end that
Colonel W. B. Bates, page 2 (W-1269)
all of the cost of constructing, equipping and
furnishing,said bullding shall be met by donations,
gifts and/or endowments to the University for
such purposes, and
I. . .
"BE IT RESOLVED, TRERIZFORE:
11
. . .
“3. That the auditorium and other facilities
of the Religious Center be set aside for denom-
inational services, lectures or meetings, Andy
for use for such other student and faculty
purposes as the University Administration may
deem appropriate, on an equitable scheduling
procedure, to be administered by the Office of
the Director of Rellglous.Activlt%es of the
University and/or by such other University
Administrative officer or officers as may be
from time to time designated by the University
Administration.
n
. l .
“5. That where reference Is made In this
Resolutionto stipulated procedure and/or reg-
ulations of the Constitution of the Religious
Groups Council, it Is understood that the said
Constitution, future amendments thereto, If any,
and stipulated procedures, and/or regulations
thereunder, both present and future, shall be
first subject, from time to time, to prior
aGprova1 by the University Administration.
“6. That as a part of the University
campus and facllltles the said Religious
Center and its use shall be In accordance with
University of Houston rules and regulations."
In view of the foregoing Resolution you ask whether
this Religious Center building will be a proper and valid
facility of the University of Houston as a state-supported
institution.
The University of Houston became a state-supported
institution of higher learning on September.1, 1961, by-
virtue of Senate Bill 2, 57th Legislature, Regular Session,
/
Colonel W. B. Bates, page 3 (W-1269)
1961. This Bill is codified as Article 2615-g, Vernon's
Civil Statutes. Section 1 of this Act provides as follows:
"Sec. 1 There is hereby established In
the City of Houston, Harris County, Texas a
co-educational institution of higher learning,
which shall be known as the University of
Houston, to be conducted, operated and main-
tained under a Board of Regents as herein pro-
vided,"
Also Section 9 provides:
"Sec. 9 The Board of Regents is authorized
to accept donations, gifts and endowments for the
University to be held in trust and administered
by said Board for such purposes and under such
directions, limitations and provisions as may
be declared In writing in the donation, gift,
or endowment, not Inconsistent with the laws of
the State of Texas or with the objectives and
proper management of said University."
Section 11, the most Important to our dlscusslon,~reads
as follows:
"Sec. 11 The Board of Regents of the
University of Houston is hereby authorized
and empowered without cost to the State of
Texas to construct or acqutre through funds
or loans obtained from the United States of
America, or any agency thereof, or any other
source, public or private, and accept title
thereto subject to such conditions and lim-
itations as may be prescribed by said Board,
Including, but not limited to class room
buildings, dormitories, kitchens and dining
halls, hospitals, libraries, student activity
buildings, gymnasia, athletic buildings, and
stadla, and such other buildings and facilities
as may be needed for the good of the University
of Houston and the moral welfare and social
conduct of its students, when th t t 1 cost
type of construction, capaolty 0: t~eabul.ldl~gs,
plans and specifications have been approved by
the Board. (Emphasis added)
Provided further, that the Board is
authorized to fix fees and charges against the
Colonel W. B. Bates, page 4 (ww-1269)
students for the use of the buildings and
facilities erected under the authorization
of this Section so long as indebtedness remains
against such buildings and their equipment,
and to pledge the revenues from such fees and
charges for the payment of the costs of
construction and equipment of such buildings."
Finally, Section 15 provides as follows:
"Sec. 15 From and after the operative
date of this Act, the University of Rouston
herein created shall be subject to the obli-
gations and entitled to the benefits of all
General Laws of Texas applicable to all other
state Institutions of higher learning, except
where such General Laws are in conflict with
this Act, and in such instances of conflict
this Act shall prevail only to the extent of
such conflict.'
Except for the proviso underscored below, Section
1 of Article 2603~, Vernon's Civil Statutes, is substantially
identical to Section 11 of Senate Bill 2, supra. Section 1
of Article 2603~ reads as follows:
"Sec. 1 The Board of Regents of the
University of Texas and Its branches, and
the Board of Directors of the Agricultural
and Mechanical College, and its branches,
and the Board of Directors of Texas Technological
College, and the Board of Regents of the Texas
State Teachers College, and the Board of
Regents of the State College for Women,
and the fioardof Directors of the College of
Arts and Industries are hereby severally
authorized and empowered to construct or
acquire through funds or loans to be obtained
Prom the Government of the United States, or
any agency or agencies thereof, created under
the National Recovery Act, or otherwise created
by the Federal Government or from any other
source private or public, without cost to the
State of Texas, and accept title, sub,jectto
such conCi.t%onsand limitations as may be
prescribed by each of said Boards, dormitories,
kitchens and dining halls, hospitals, libraries,
student activity bulldings, gyanaz:'La,
athletic
Colonel W. B. Bates, page 5 (‘@d-1269)
bulldlngs and stadia, and such other buildings
as may be needed for the good of the Institution
and the moral welfare and social conduct of the
students of such Institutions when the total
cost, type of construction, capacity of such
buildings, as well as the other plans and
sneciflcatlons have been annroved bv the res-
Also, Section 7 and 8 of Article 2603~ provide as follows:
"Sec. 7 It is further provided that
land owned by the State or any of said
Institutions may be used as building sites
and ground for such buildings acquired under
the provisions of this Act.
"Sec. 8 Provided further that each of
said boards is hereby authorized to acquire
by gift or by purchase out of funds derived
by pledging the revenues as herein provided
such tracts of land, without cost to the
State of Texas as may be necessary as building
sites and Rrounds for the erection of such
buildings.
It Is our opinion, based on the.statutory provisions
cited above, that the Board of Regents of the University
of Houston has the authority to construct and equip the
proposed building with funds obtalned from private sources
and without cost to the University, If In the discretion
of the Board, the building Is needed for the good of the
University of Houston and the moral welfare and social
conduct of its students.
It must be noted that Section 11 of Article 2615g
read in the light of Section 1 of 2603~ would specifically
prohibit the Legislature from appropriating money out of
the general fund for the equipping of any building so
acquired or ,for the purchase and Installing of any utility
. .
Colonel W. B. Bates, page 6 (w-1263)
connections In such a building.
Furthermore, Section 7 of Article 1 of the Texas
Constitution provides as follows:
"Sec. 7 No money shall be appropriated,
or drawn from the Treasury for the benefit of
any sect, or religious society, theollglcal
or religious seminary; not shall property
be?onglng to the State by appropriated for
any such purposes."
In view of the obvious purpose of this provision
you are advised that you may not use public funds for the
su port of any particular religious sect. Church v. Bullock,
10 T.l, 10 S.W.115 (1908), Attorney General's Opinion
v-940
E (19407
In your letter requesting an opinion you make
the following statement: "The University of Houston does
not require students to attend religious meetings nor does
It inquire into the religious views of the students., This
is a non-denominational religious center which may be used
by students in groups of all religious faiths." The policy
of the Unjverslty of Houston In this respect as expressed
by the Resolution of July 25,1961, substantiates this
statement.
Finally, it Is our opinion that the policy of
the University of Houston with regard to the construction
and operation of the proposed Religious Center building is
in strict compliance with the statutes and the constitutional
provision quoted above, therefore we consider the proposed
Religious Center building a proper and valid facility of
the University of Houston.
SUMMARY
A proposed non-denominational religious
center building to be constructed and
equipped with donated funds Is a proper
and valid facility of the University of
Houston.
. .
- ._
colonel W. B. Bates, page 7 (W-1269)
Very truly yours,
WILL WILSON
Attorney General of Texas
1RW:mkh BY Williams, Jr.
Assistant
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
J. C. Davis
Elmer McVey'
Howard Mays
Dick Wells
REVIEWEDFOR THEATTORNEYGENERAL
BY: Houghton Brownlee, Jr.