Untitled Texas Attorney General Opinion ( 1958 )

F,. .
Honorable James A. Turman Opinion No. W-342
Executive Director
Texas Youth Council Re: Does the word "site" used
213 West 14th Street in the first sentence of
Austin, Texas Section 3 of Senate Bill
No. 478, Acts of the 55th
Legislature, Regular Ses-
sion, 1957, Chanter 389,
page 1164, mean land,
buildings and such equip-
ment a8 is permanently
installed as a part of the
present facilities, and re-
Dear Dr. Turman: lated questions.
You have requested an opinion of this office con-
cerning several questions which have arisen In connection
with the implementation OF the provisions of Section 3 of
Senate Bill No. 478, Acts of the 55th Legislature, Regular
Session, 1957, Chapter 389, page 1164. Your questions are
as Follows:
"1. Does the word site, used in S. B. No. 478,
Section 3, Sentence 1, mean land, buildings,
and such equipment as Is permanently installed
as a part of the present facilities?
"2 . IF your answer to the above question Is in the
affirmative, does the definition of the word
site also include equipment and Furnlshlngs
that are not a permanent nart of the buildings
such as beds and beddl~ng, linens, television
sets, small tools and equlptnent, books, and
equipment used in vocational and academia
training of blind and deaf children?
“3 . Since the tract of land Furnished the Texas
Youth Council by the Hospital Board 'is in
exchange for the present Facilities at the
Blind, Deaf and Orphan School,' (W.W. 302),
what factors should be considered in deter-
mining an equitable exchange by the lnter-
agency agreement provided for in S. B. No. 4781
Honorable James A. Furman, Page 2 NW-342).
“4. In order to avoid an Impasse on sites accept-
able to both the Hospital Board and the Texas
Youth Council, what criteria should be used
by the Hospital Board in selecting a site for
the Blind, Deaf and Orphan School In exchange
for the present site and what criteria should
the Council use In accepting sites proposed
by the Hospital Board so as to comply with
spirit and intent of S. B. 478?”
We shall answer these questions in the order In which
they were presented.
Section 3, Senate Bill 478, Acts of the 55th Legis-
lature, Regular Session, 1957, Chapter 389, page 1164, reads
In part as follows:
“Sec. 3. The Texas Youth Council is authorized
to enter into an inter-agency contract with the
Board for State Hospitals and Special Schools for
the purpose of transferring the present site of the
Blind, Deaf and Orphans School to the Board For Texas
State Hospitals and Special Schools for use by the
Hospital Board as It so needs. The Texas Youth Council
Is Further authorized to accept by an inter-agency con-
tract suitable land now owned or acquired by the Hos-
pital Board for the purpose of constructing a new
Blind, Deaf and Orphans School. Should the State Hoa-
pita1 Board not have a suitable tract of land for such
purposes, then In such event the State Hospital Board
shall purchase a suitable tract of land in or near
Austin, Texas, to be approved by the Texas Youth Coun-
cil In exchange for the present facilities at the
Blind, Deaf and Orphans School. . . .”
It is our opinion that the word “site” as used In
the First sentence of the above section means the land,
buildings and suoh equipment as is permanently installed as
a part of the present facilities. We, therefore, answer
your first question in the affirmative.
It la also our oplnlon that the word “site’ as
used In the first sentence of Section 3 of Senate Bill
No. 478, quoted above, does not Include equipment and fur-
nishings that are not a perm=nt part of the buildings, such
as beds and bedding, linens, television sets, small tools and
equipment, books and equipment used in vocational and academic
training of blind and deaf children. It Is our opinion that
all such Items are properly to be considered as personalty and
- .-
Honorable James A.' Turtnan, Page 3 ,(W-342).
are not Fixtures s,o as to pass with a conveyance of the
soil. 19 Tex. Jur., 705, Section2., Therefore, we believe
that these items are in no way affected by the provisions
of Section 3 of Senate Bill No. 478, and we must answer
your second question in the negative.
Yo,ur third and fourth questions deal with the
factors and criteria to be considered in determining an
exchange of the property involved in Section 3 of Senate
Bill No,.'478. .ThisSection, as set forth above, provides
that the Texas Yo,uth Council is authorized to accept suit-
able land now owned or acquired by the State Hospital Board
for the purpose of constructing the new Blind, Deaf and
Orphans School. The section further provides that should
a suitable tract not be available, then the Hospital Board
shall purchase a suitable tract to be approved by the Texas
Youth Council. In as much as this section indicates that'
the suitability of the tract is to be a prime consideration,
we believe that any factor which in the opinion of the
Texas Youth Council wo,uld tend to make the tract suitable
conversely any factor which would tend to make the
%ct unsultabie should be considered by the Youth Council
in approving the tract. Included in this category would
certainly be such factors as the location, size Andy terrain
of the land involved, and any other factor which would tend
to affect the ultimate operation of a Blind, Deaf and
Orphans School by the Council.
SUMMARY
The word "site" as used in the first
sentence of Section 3 of Senate Bill
No. 478, Acts of the 55th Legislature,
Regular Session, 1957, Chapter 389,
page 1164, includes the land, buildings
and such equipment as is permanently
installed as a part of the present facil-
ities, but does not include such equip-
ment and furnishings as are not a perma-
nent part of the buildings. In deter-
mining what constitutes anequitable
exchange under the provisions of Section
3 of Senate RI11 No. 478, Acts of the
55th Legislature, Regular Session, 1957,
Chapter 389, page 1164, the Texas Yo.uth
Council should consider any factor which
would tend to make the proposed site
Honorable James A Turman, Page 4 (WW-342).
suitable for the construction of the new
Blind, Deaf and Orphans School.
Yours very:tFuly,
WILL WILSON
Attorney General of Texas
C. Rivers, Jr.
Assistant
wm:mg
APPROVED:
OPINION COMMITTEE
Geo . P. Blackburn, Chairman
Morgan Nesbitt
Milton Richardson
B. H. Timmins, Jr.
REVIEWEDFOR THE ATTORNEYGENERAL
BY:
W. V. Geppert