Untitled Texas Attorney General Opinion ( 1960 )

Merton M. Minter, M. D. opinion NO. ~-783
Chairman, Board of Regents
The Unlverslty of Texas Re:~May the available University
Austin, Texas Fund be used at any of the
branches of the University of
Texas other than the constltu-
Dear Dr. Minter: tlonal branches.
We quote as follow3 from your recent letter:
"Chapter 129, page 219, Acts 56th Leglsla-
ture, 1959, Regular Session (codlfled as Art.
2606~, Vernon's Civil Statutes), authorized and
dlrected the Board of~Regent8 of The.University
of Texas to establish a medical department or
branch of The Unlverslty of Texas within Bexar
County, to be known as the South Texas Medical
School. The Act directs the Board of Regents
to proceed with the necessary planning for the
conduct and operation of a first class medical
school. During this planning stage a question
has arisen as to whether the South .TexasMedical
School would be eligible to participate In the
bond program authorized by Article VII, Section
18 of the Constitution, Inasmuch as the.provi-
slons of this section are limited to those inits
specifically named.
"We respectfully request your opinion on the
following questions:
"1. May the Available University Fund be
used at any of the branches of The University
of Texas other than the constitutional branches
located by a vote of the people, namely, the Main
Unlverslt> at Austin and the Medical Branch at
Galveston?
Merton M. Minter, M. D., Page 2 (Wii-783)
"2. Nay bond funds provided for In Sec-
tion 18, Article VII of the Constitution of
Texas be utilized at any branch or component
part of the University of Texas not included
In Section 18 but subsequently authorized by
statute, or should such bond funds be limited
exclusively to those institutions which are
enumerated by name within the.conztltutlonal
amendment of 1956?”
Section 18 of Article VII of the Texas Constitution,
as amended in 1956, provides in part as follows:
I3
. . . for the purpose of constructing,
equipping, or acquiring buildings or other per-
manent Improvements for The University of Texas
System, Including the Main University of Texas
at Austin, The University of Texas Medical Branch
at Galveaton,~The Unlveraity of Texas Southweat-
ern Medical School at Dallas, The University of
Texas Dental Branch at Houston, Texas Western cool-
‘legeof The University of Texas at El Paso, The
University of Texas M. D. Anderson Hospital and
Tmor Institute at Houston, The University of Texas
;
Texas School of Public Health, McDonald Observatorgl
at Mount Locke, an&the Marine Science Institute at
Port Aransas,.the Board of Regents of The University
of Texas is hereby authorized to Issue negotiable
bonds and notes not to exceed a total amount of two-
thirds (2/3) of twenty per cent (2%) of the value
cf the Permanent University Fund exclusive of real
estate at the time of any issuance thereof; pro-
vided, however, no building 01‘other permanent lm-
provement shall be acquired or constructed hereunder
for use by any institution of The University of
Texas System, except at and for the use of the gen-
eral academic Institutions of said System, namely,
the Main University and Texas Western College, with-
out the prior approval of the Legislature or of such
agency as may be authorized by the Legislature to
grant such approval. Any bonds or notes issued here-
under shall be payable solely out of the Income from
the Permanent University Fund. Bonds or note8 so
lszued shall mature serially or otherwise not more
than thirty (30) years from their respective dates.
Merton M. Minter, K. D., page 3 (hW-783)
”
. . . The University of Texas System, and
all of the Institutions constltutInK such system
as hereinabove enumerated, shall not, after the
effective date of this Amendment, receive any
General Revenue funds for the acqulrlng or con-
structing of bulldInGs or other permanent im-
provements, except In case of fire, flood,
storm,,or earthquake occurring at any such ln-
stltutlon, In wh!ch case an approprlatlon in an
amount sufflclent to replace the uninsured loss
so incurred may be made "3;'
the Legislature out
of General Revenue funds. (Emphas!.sours).
When the lnn~ua&c of a :onstItutIonsl provlslon has
a clear and definite meaning, this mcanlnC is to be accepted
without resorting to extrIns!c evidence. 9 Tex. Jur. 538,
Constitutional Law, Sec. 26.
Patently, the subject amendment authorizes the Is-
suance of bonds and notes for the purpose of constructing,
equipping or acqulrlnp;buildings or other permanent Improve-
ments for certain -chools, such bonds And notes to be pay-
able out of and secured by income from the Permanent Unlver-
sity Fund. Income from the investment of the Permanent Unl-
veralty Fund Is known and deslSnated as the Available Unl-
verslty Funa:. Attorney General's Opinion V-818 (1949).
'Or+?of the categories of schools deslenated by the
amendment as beIn elI,gIblefor the above mentioned benefits
is the "University of Texas System". Prior to the amendment
of-1956, this section referred to the "University of Texas'
Instead of the %:verslty of Texas System". Any doubt
about whether this chanSe meant to extend these bentifitsto
schools other than the Xa'.nUniversity at.Kustln and the Kedl-
cal Branch at Galveston Is erased by the amendment's express
enumeration of eight Institutions ,In addit!on to the Naln
University at Austin and the Ncdlcal Eranch at Galveston.
To,the extent indicated above the Available Unlver-
slty Fund may now be used by:schools other than the IQin
University ateAustin and the EiedlcalBranch at Galveston,
Attorney General's Opinion v-818 (19);9)to the contrary not-
withstanding. This op!.nIonIs accordingly to such extent
overruled.
Since the amendment has noth!~n:to do with the use
Nerton N. Hinter, M..D., pace 4 (WW-783)
of the Available'University Fund for purposes of support
and maintenance, there Is no reason to question the val-
idity of Attorney General's Opinion v-818 (1949) insofar
as It holds'that the Available University Fund may not be
used for the support'and maintenance of any Institutions
except the three "constltutlonal branches" of the Unlver-
slty of Texas, namely, the Ma!.nUniversity at Austin, +hp
Medical Branch at Galvcst~n and the Agricultural and Mech-
anical College at Bryan.
The language nf the second paragraph of the amcnd-
inent,as quoted at the outset of this oplnlon, suffices to
settle the auc.qt'onnf whcthcr the named rcb~ls are the
dnlv Institutions which are part of the lJnlvcrsity of Texas
System for Purposes of this amendment when It provides:
II
. The UnLvcrsity of Texas System, and
. .
all of the lnstItut!ons constltu;lng such System
as herelnabovc enuxcratcd,.; . .
The amendncnt Itself thus declares that the In-
stitutions enumerated therein constitute all of the Util-
verslty of Texas System" within the inter&&t of the
amendment. Therefore, the bonds provided for InSectIon
18, Article VII of the Texas Const!~tutlon,cannot be utl-
llzed at.any branch 01,pa;.:of the University of Texas
which Is not nraed In the amendment.
Hence, yaw first question 13 answered In the af-
fIrma,tlve,as qualiflcd above, and the first part of y~our
second In i%c ney;atIve.
In so ruling, WC are not unmindful of the lmport-
ante of the Swth Texas kiedlcalSchool. It Is a cardinal
principle !.::
our State's Jurisprudence that constltutloncl
provlslons may not be "bent to meet beneflcient purposes,
however noble the deslcn may be”. 9 Tex. Jur. 427, Coxxti-
tutional LRU, Sec. 10. Th!? Dcpnrtmcnt ls not authorized
to write a IXW provIsIr?ninto the fundamental law. Tlx
:s to L-cEl-?'cctcd,
change, If i:r;y must bc nzdc:by the
people thrt:l@ an :lI>icnd;:icnt
to the TCX;IRConotitut:o,n.
Merton M. Minter, M. I).,oage 5 (W-783)
General Revenue Fund for acqulrlng or constructing of
buildings or other permanent lmprgvements at the South
Texas Medical School.
SUMMARY
The Available University Fund may be pledged
to secure and used to pay interest and prln-
cipal on bonds and notes issued to obtain per-
manent,Improvements at certain branches of the
University of Texas In addlt:on to the Main Unl-
versity at Austin and the Unlverslty of Texas
Medical Branch~at Galveston. However, the bond
funds provided for In Section 18, Article VII
of the Constitution of Texas, as amended In
1956, may not be utilized at any branch or com-
ponent part of the University of Texas System
which is not specifically named In the amendment
of 1956.
Yours.very truly;
WILL w1LS.01:
Attorney General of Texas
By &iiasw .
Assistant
HGB:ms
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Grundy Willlams
Bob Eric Shannon
C. Dean Davis
John Reeves
REVIEWED FOR THE ATTORNEY GENERAL
BY Leonard Passmore