Case Information
*1 The Attorney General of Texas December 13, 1984
AA MATTOX
Attorney General
Supreme Court Bullding ‘. 0. aor 12S4S ~12f4752SOl Telex 91ols74.13a7 -eImmier hJllh lx. 78711. 2548 [51214750268] l4r. Ed D. Roach President West Texas State University Canyon, Texas 79016 Opinion No. JM-242 Re: Texas Whether West State University may convey certain land to a hospital district
Dear President Roach: 714 Jackson. Suite 700 ‘hllrs. TX. 75202.4506 [21417424944]
You advise the Icard pursuant to chapter 174. Acts of the Sixty-third that, of Regents of West Texas State University
conveyed an easemeIbt: to South Randall County Hospital District on 12 acres of land to he used the construction of a hospital. The 4824 Albarts Ave.. Suite 160 board of regents rltcained and coaveyed to the hospital El Piso. TX. 7SSo527S3 91Y53334s4 district an easemellt: for 50 years or until such time before 50 years
as the hospital should be abandoned or neglected, at which [71312215888] “ouslon. TX. 77002-3111 Texas. Suite 700 use and benefit time all right, that, as consideration agreed to provide health tit.1.e. and interest would revert Texas State University. care the grant of the easement, to the students to the state You further advise the hospital for the university, which enables to eliminate the cost of 806 Broadway. Suits 312 providing a health care clinic on its campus. Realth care services Lubbock. TX. 7Wl-3479 students are p;l:ld for under a contract between the university 8061747-5238 the hospital out 01: health services fees paid by the students. 4309 N. Tenth. Suite S You ask whett:er the Board of Regents of West Texas State McAllm. TX. 78501-1885 University may cotlvey the same acreages to the South Randall County 512!682.45(7 Hospital District Mth a fee title that is subject
state for the use and benefit of West Texas State University if 2M) Main Plaza. Suite 400 hospital district s.baadons or neglects facilities. We 5.” Antonio. TX. 782052797 conclude has authorized the board of regents 512l225.44191 convey such a fee! title to be use’i for hospital purposes. An Equal OppOrtunItYI Affirmalive Action EmplOYOr The disposition of state-owned land is a matter over which the has exclusive control and the power of an agency of
state to convey state property may be exercised only under authorization. See Lorino V. Crawford Packing Co., 175 S.W.2d 410. 414 (Tex. 1943); Cxey v. Devghters of the Republic, 156 S.W. 197, 200 (Tex. 1913); Attorney General Opinions JM-149 (1984); MW-62 (1979); C-2’)‘? (1964); V-878 (1949). The terms of legislative the conveyance of land must be strictly complied *2 Mr. Ed D. Roach - Page 2 (a-242)
- .
with. See State v. Easlcy, 404 S.W.Zd 296 (Tex. 1966); Wilson v.
County ofcalhoun, 489 S.W.id, 393 (Tex. Civ. App. - Corpus Christ1 1972, writ General Opinions J&14,9 (1984); ref’d n.r.e.1; In Conlcy v,-Daughters of the Republic, the Texas Mw-62 (1979). Supreme Court said that the has in general ’ t!te same rights and powers in respect to property as an individual. It may acquire property, real or personal, by conveyance, will. or otherwise. and hold or dispose of the same or apply to any purpose, public or it private, as it see13 fit. The power of the state in respect to its property rights is vested in the and the Legislature alone can exercise the power mscessary to the enjoyment and protection of thoss rights, by the enactment of statutes for that purpose. . . .’ Id. at 200.
-
section 1, chapter 174, Acts of Legislature. clearly authorizes the board of regents “to transfer and convey” land “under such terms conditions as may be deemed klvisable by the board of regents. . . .‘I Acts 1973, 63rd Leg., ch. 174, 91, at 396. Section 2 of chapter 174 provi~des that
[i]f the land described in Section 1 of this Act is transferred the South Randall County Rospital District, the South Randall County shall have right Hospital construct a hospital and related on the land described in Section 1. In the event hospital faciliti~:t3 shall be abandoned or neglected, all ti1:l.e and interest in the described in Scctic~n 1 shall revert to the State of Texas the use and benefit of Texas State University. Id. 52, at 397.
-
You also inquire what. if any, consideration is necessary conveyance land. The legislature did not require a specific conslderr~tion. Chapter 174 leaves tarns and conditions of the transfer tc, the discretion of the board of regents.
By the conveyance of property the public purpose of msintaining facilities, we belic:ve impliedly voiced its intention that the conveyance the property serve as a benefit to public welfare.
Mr. Ed D. Roach - Page 3 (m-242) conveyance of an easement to
The board of regents’ for hospital purpt~oes for a term of yearr in return for an agreement that the hospita:l district provide health care students of the university ,iuring the period of the easement clearly constitutes a conveyance for a public purpose which benefits Presumably, in conveying university and promotes tht! public welfare.
the fee title to the propwty instead of the current easement a term, the parties will substitute for the present agreemot during the term of the easement an agr’eement by the hospital district to continue furnishing health care sexvices to students then duration of the title as provided by contract between and the such a conveyance and agreement district. In our opinion. constitute adequate consideration the transfer
comply with the legislatiw authorization for the conveyance.
SUMMARY
Acts 1973 of chapter 174 at ‘?age 396 authorizes the Board of Regents of West Texas State University to convey certain land the South Randall County Hospital for hospltsl purposes. A conveyance of a to the land, subject state If the hospital district does not maintain a hospital, and a[~ agreement that provide health care services to students comply with
conveyance of the land.
JItl MATTOX Attorney General of Texas TOM GREEN
First Assistant Attorney Caneral
DAVID R. RICHARDS
Executive Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committ 20
Prepared by Nancy Sutton
Assistant General
Mr. Cd D. Roach - PsP,e 4 (RI-242)
APPROVED:
OPINION COMIITTEE
Rick Gilpin. Chairman
Colin Carl
Susan Garrison
-Tony Guillory
Jim Moellfnger
Jennifer Riggs
Nancy Sutton r