Case Information

*1 Opinion No. M- 1158 Honorable James C. Jernigan President

Texas A&I University Re: Whether Texas A&I Klngsville, Texas receive, for a nominal

consideration or through donation, a tract of land from the City of Kingsville wlthoutcon- demnation proceedings legislative Dear Sir: authority?

You'have requested the opinion of this office regarding the above question.

The first question to be answered is the authority Texas A&I University the property by donation All references are to Sections of the Educa- or purchase. tion Code. 55.01(l) defines ~"institution of higher educa-

1. tion" as ,havlng the meaning assigned it by 61.00 (7). By virtue its enumeration in 61. OO3(3 j explained by 61.003(4) Texas A&I is an 'lnstituion of higher education" under 61.003(7) and is such for purposes of Chapter 55 of the Code. 55.01(2) defines "board" as the body having

control of an institution of higher education. 3. Chapter 55 deals with financing permanent 55.11 provides, "Each board improvements. is authorized

prope;ty . . on behalf o??%%stituti%? (Emphasis added.) *2 104.21 confers upon the board at Texas A&I at Kingsville the same powers that are con- ferred upon the Board of Regents, State Senior Colleges, except as otherwise proved, which under Section 95.31 “may acquire land needed for the proper operation of a senior Such acquisition may be by purchase college. or condemnation.”

These above provisions of the Education Code take this transaction out of the language of Sectlo 24, Article V Act. r This rider of the current General Appropriation would in effect prevent any state agency receiving appro- priations from accepting the donation of real property expending any of its appropriated moneys for the purchase of real property “without the expressed permission and authorization of the Legislature. ” is that Texa s A&I University

Our opinion through Its Board of Regents may acquire the land by purchase, con- demnation, or donation. We do not construe the approprl- ation rider as precluding the acquisition since general statutory exists in support thereof.

The above statutes were in existence at the passage of the current General Appropriation Act and the language “each Board Is authorized . any property .‘I and the other

on behalf o,f its institution l%visions above quoted constitute existing constitutional authorizati~on for the acquisition of property inquired about in your opinion request. The existence of this pre-existing authorization precludes any question of the applicability of Article V,~ Section 24 (last paragraph) of the current Appropriation Bill to the question presented, since the latter provision by its expressed language becomes appllca- ble only in the absence of existing statutory authorization for agency acquisition.

1Acts 62nd Leg., R,.S. 1971,, as amended by Acts 62nd Leg., 1st C.S. 1971, p. V-45, 3805-3806.

-.564-l. *3 page The statutory by "purchase" is not restricted and is construed to include all lawful acquisitlonof real estate by any means whatever, except by descent, when so used in Its larger and technical Cobb v. Webb, 64 S.W. 792(Tex.Civ.App. sense. 1901, no writ); 73 C.S.S. 20'7, Property, Section 15b(2); Words lA, p. 577, and authorities and Phrases, Vol. therein cited.

Such a statutory code provision as here involved should be liberally construed with a view to effect Its objects Art. 10(8), V.C.S. and to promote justice. Accordingly, we construe the authority given for acquisitions of lands by purchase or condemnation to have been used in the larger, technical sense so as to include donations gifts.

We express no opinion on the authority of the City to make the conveyance. We suggest, however, that Article 5421q, Vernon's Civil Statutes, be studied and complied with to the extent that It bears upon the questions posed by you.

-SUMMARY- Texas A&I receive by

conveyance and for a nominal consideration a

tract land to be legally abandoned or disposed of by the City of Kingsvllle without benefit formal condemnation proceedings legls- lative authority.

truly yours, Prepared by Edward B. Rather

Assistant Attorney General

^ APPROVED: OPINION

COMMITTEE

Kerns Taylor, Chairman

W. E. Allen, Co-Chairman

Bill Campbell

Fisher Tyler

John Richards

James Quick

SAMUEL D. MCDANIEL

Staff Legal Assistant

ALFREDWALKER

Executive Assistant

NOLA WRITE

First Assistant