Untitled Texas Attorney General Opinion ( 1961 )

AUSTIX 11. TEXAS FVILI. WIJLSON ATTORNEY GENERAL December 6, 1961 Honorable Mack H. Hannah, Jr. Chairman, Hoard of Directors Texas Southern University Houston, Texas Opinion No. ww-1213 Re: Whether Texas Southern University can acquire land for additional campus space under the terms of S. B. No. 296, Acts 57th Leg., R-S., Dear Mr. Hannah: 1961. Your request for opinion from this office presents the following questions: "1. Whether Texas Southern University can acquire land for additional campus space under the terms of Senate Bill 296, Acts of the 57th Legislature, Regular Session, 1961. "2. If the question asked above is answered I.n the affirmative, is this authority limited by the terms of the Act mentioned above or by the terms of any other laws of the State of Texas." Senate Bill 296 provides for certain building- use fees in lieu of tuition fees, the anticipated income to be used to secure bonds and notes issued for the purpose of enlarging the physical facilities of the University. Section 3 of Senate Bill 296 provides in part as follows: "The governing board of the University is authorized to pledge the anticipated in- come from such fees to secure bonds, warrants, or notes issued fan the purpose of acquiring, constructing, repairing, and equipping buildings and other permanent improvements and purchasing the necessary sites therefor, _.. . Honorable Mack H. Hannah, Jr., page 2 (w-1213) and the governing board is hereby granted the authority and power to issue bonds, warrants and notes for such purposes. . . ." (Emphasis added) The phrase "permanent improvements" is interpreted to include something done to or put on the land which is not to be moved or carried away, either because it has become physically impossible to separate it from the land, or because, in contemplation of law, it has become annexed to the soil and is therefore to be considered a part of the freehold. 27 Am.Jur. 274, Improvements, Sec. 19. Construction of classroom buildings or any other campus building and the purchase of land for additional campus space would certainly come within this definition of permanent improvements". The land thus purchased need not be adjacent to the existing campus. Since Senate Bill 296 gives authority to purchase the sites for these permanent improvements, your first question is answered in the affirmative, As to your second question we call your attention to Section 9 of Senate Bill 296 as follows: "This Act shall be cumulative of other Statutes and shall not repeal any existing Statutes; provided, that the issuance of bonds, warrants, or notes provided for in this Act shall be governed by the provisions of this Act which shall be exclusive, and the provisions of other laws relating to the issuance of bonds, warrants, or notes, or the collection or pledge of building-use fees, shall have no applica- tion to the issuance of bonds, warrants, or notes as herein provided." Article 2643d authorizes Texas Southern Univer- sity to construct and otherwise acquire and equip buildings and structures which the Board of Directors deems proper or suitable for the students and faculty of the University. Section 3 of this statute provides that land owned by the State of Texas or by the Univer- sity may be used as building sites and grounds "for such buildings constructed or acquired under this Act; provided that said Board is hereby authorized to acquire by gift, or by purchase out of funds derived from the sale of said bonds, the said building sites and grounds.“ Honorable Mack H. Hannah, Jr,, Page 3 !w-1213) Article 2909c authorizes the institutions of higher learning, including Texas Southern University, to construct, acquire,7improve and equip buildings and other structures and additions to existing buildings and other structures "and acquire land for said additions, buildings and other structures if deemed appropriate by said governing body." It Is OUT opinion that Senate Bill No. 296 does not affect or limit the powers granted by Articles 2643d and 290%. However, it is also our opinion that the land which the University is authorized to acquire under these statutes, like Senate Bill 296, is limited to the sites and grounds for the buildings and structures constructed or acquired under the provisions of such statutes respectively, SUMMARY Senate Bill No, 296 of the 57th Le is- lature (,Acts57th Leg., R.S., 19617 authorizes the governing board of Texas Southern tiniversityto acquire land for additional campus space. Senate Bill No. 296 does not limit the aut.horityof the governing board when said Board is actin under the provisions of Articles 2fi 43d or 2909c, to purchase sl.,esfor the buildings or structures authorized by these statutes. Yours very t,ruly, WILL WILSON FDW:lgh:kh Assistant APPROVBD: OPINION COMMITTEE W. V. Geppert, Chairman Honorable Mack H. Hannah, Jr., page 4 (w-1213) Jay Howell Bill Allen Pat Bailey REVIEXED FOR THE ATTORNEY GENERAL BY: Houghton Brownlee, Jr.