Case Information
*1 GENERAL EAATTQRNEY
Aun-xmu 11. TExas
PRICE, DANIEL ATTO.RNEY GENERAL
February 1, 1947 Eonarable @aergo H. Sheppard st ?ublio Aoeouats camptrol1.r Opinion No. V-07
Austin, Texas Parchase ef airplanes by
Be: 0r ReSenta of Texas for we in omtmes of irstrua- tion In ArreneuticaI Em- gheeriq.
Doar Mr. Sheppard:
He hav.0 received yokii letter of January 31, 1947, qaete in part a8 rdi0wr: w,hloh we
‘1 am att&ching hereto rouaher olaia in rarer af &ile Fljin~ Senioe ror $8,9l+.CQ rer rour~air- piano* p.pwka~ea by The Bnireraity 0r Tax88 rer use'l~'ootarree IMtruatleI h Aermeutloel ta- gindeiing .
wI shall thank you to examine this claim in conneo- tiem with JMT spiai~n 0-401~. ana Op00iri0Oily to that paragraph whioh reads aa follows: ‘This past ses8lon the Le&rlature passed Salute 13111 147 which authorizes the Board of Direotors Or ApioUltUr- al and Yeohaniaal College to acquire an airport and equipment therefor. (Acts 1941, 47th Leg., B. S., Ch. 81, S.B.147, 2615c, Vernonls Annotat- p. 1QQ; Artitrle ed Ciril Statutes). This act is certain- ly indicative specific is required. The emergency I , clause of the act reads in part as follows:’ “and advise this department whether or not we would be authorized to issue warrant in payment of such claim.”
, Opinion Number O-4681, dated July 3, 1942, an-3 : .,, B
Honorable George H; Sheppard, Page 2
addressed to the Sam Houston State Teactheml College, passed upon the qusstion as to whether thet collogb in& the authorit to borrow meaey fer-the parpehe or W6perm- its Cir f 1 Pilet Training program and purehaimg tly planer to be used in training the boys taking this course.7 It was held In the opinion as follows:
*In ilrst pS.seo, there Is 110 rtatrztcry far the oolle(e itrolr k m&&lain. such a prec;mm, In Seatiom 3 or Artiale 264T is said: ‘Said board shall not olvlnue any it depsrtment of lnstruotion prori&ed liw, visa ne department shall be sstabllehsd for tba aup- p0Ft o’r whloh prevision has not been made by ‘the LegialatuN,* has not been mado Pmrislon ror this pregram. by tha Leglslaturo fol- lens that. the oellege may not purehno r&r- planes (I 7 Su8h i l ituatloa~‘doea not exist with respeot to ~~
the Wniversity Or mxat3+ Wntier ArMale 25&5, Rovirrcl Clr- 11 Statute& the Board -or Regents ,ai the University Texas has the broad power’ to *regulate the course er in- struction and prescribe, by and with the ‘advice of the preressers, the books and authorities used in the seven1 departments, and to qonier suoh degrees and to grant suoh diplomns as are: usually oenrerred and granted by universities aW The limitation impwad en the pewor rid authorfty of the Board of Regents of the State Teaohers College by Artiole 2647 dper,~ not apply to the Board or Regents of the UniversJlty of Teas; conversely the lat-’ ter-mentioned b,oard has wide latitude and broad direr+ tlonnrr powers with respsot to the oourse of instruatiea,
Seteral fears ago the Board of Rsgents in the l rereiso of its dlsoretion dotemined that 8, need orirt- l d for a oourse fn a,eronautf;oal engineering, and under its poeer “to remlate course of instruation” and *to oonier suoh degrees and, tom &rant suah diplomas 8s are usually aonferred~ and granted by unirersitfes,Wthis &ours6 was, addad to the ourrfcula+ Then rise in the im- po’rtance of aviation an,d allied iields in ~reoent years and :the need a course in aeronaatioal ryineori~ng in a rirst-class university ro~ obrious. There ara:bo no ‘doubt that;.the Board of Regents *d the povnr and author- ity to add ,thPs course. ~Moreover, the Legislat.uro has eloarly reoo&zed. this power dnd authority of the Board or BeRents, for it has prorided runde therefer, (See Ch. 377 and Aats 1943, 48th Lq., Aat8 1945, 49th Leg,, Ch. 399,). In Opinion C-4681, mentioned above, we qaotad *3 Honorable George H. Sheppard, Page 3
the following exoerpt from the mse of Fort Worth Cav- alry Club vQ Sheppard, 125 Texas 339, 83 S.W., (2d)tXO:
“All publia offioes and orfiaers are creatures of law e The powers and duties of public orricera are defined and limited by law. By being defined and limited by law, we mean the aot of a public officer must be expressly authorized by law, or 22 R.C.I.,p.555, B 114 o..” implied therefrom.
If the Board oi Regents have the power to pro- .vlde for the teaahing of aeronautical engineering in the of Texas, then it follows ex- ists to make that ,power efi’eotire. The Board of Regents has detennlned th4t the oourse of instruction could ,be improved by the use of the airplanes mentioned in your letter. The Board has the authority make suoh deter- mination;, and it appears to us to be most reasonable.
‘is, therafore, evident thmt it is our opinion that the Board of Regents has the authority to pumhase subject planes If funds are available therefor.
You are concerned with that portion of Gpin~on Bo. O-4681 which reads as follows:
“This past session or the Legislature passed Senate Bill 147 which authorizes the Board of Directors the Agricultural and Mechanical College to acquire (dots 1941,47th en airport and equipment theref’or, Leg. R.S,, Ch. 81, S-B. 147, p. 100; Article 2615c, Vernon’s Annotated Civil Statutes) D This act is cer- tainly fndioative that speoirlc authbr- ity la required, The emergency clause of the ,act ~,~, reads~ in psrt as follows: ‘~’
*Sec. 3, The feot that said institution In in urgent need of the authority to acquire and operate an airport in oonneation with ooursea now being taught and those contem- “‘: ‘plated, and to permit its more erreotive
*cooperation in the Wationml Defense Program, creates an emergency, . ** (Emphsais supplied) .” The quoted matter can clearly be distinguished from the situation under consideration. In the first plaoe Senate Bill 147 (Article 2615c, Vernon’s Annotated Civil granted the authority to aoquire en air art ra- Statutes) ther than ei lanes, It is our opinion that ‘t e s a ute F-b’ the authority to aoquire an airport 7f-s-lm wma enabte would exist without question. Article 2608 provides thst *4 Honorable George.H, Sheppard, Page 4
the “leading objeot of the College 8bmll be, without ex- cladim other scientifio and olassitpl studies, and fn- oludi&g rilitrry tactfos, tb te80h meh branekes of leerst- iy aa are related gTioultur* ~36 meakaibd rtim.~ Althe h tlm ,Bmrd DiShet#m M the A@i~ultuhl ti Meohan ml doll~ge of Terrti is &+en wise dfre~iWe~ Y to the OouPIn ei study (See AGiolb
powers w~th.ret eot 2613, Seeti@I 6 the authority to aaquira, , still P pree rrpn dsttBt,f. thyefor4, wee-h ,111 1 smate * i#
Arti;lh.8~, whicrk~auWeti.eea th.‘Beard’of Be* .. gaata to rem&r*9 tie aem0 et iuatxmotieat ua8 l hotu
by tiie Legislatare fl 1613, a tfme wlU# r?iatier and me- rolaaut1Qaa ePgiPee~l wbm in thdx iaifue3,~ New awe- 0r tbkb IWU~~P ~ruimwsal: 8 OM or t;hpr meat akpo*at .. engldmsring fields d r0r065w that TM Legfalatare drelr
the imparaitfoa of restrictisne aad lfritstiem on the onwu tQ be ~tmgkt at a uniremity would, in etfeot, rtrlU%:* eduwtie3*1 sdvaremnt - that ii a uaivemfty is to a6atfWe to br aa inrtitrrtion sr rirst clam, ,it inuat be able to keep abreast of the tire8 the en- taagkt ana the addition 0r’llir tlelde 3mrgsaqat efiatgr6es of study0 *
In anmwer to fmar quertfel, pert gre advised tket it is the oenaf4srad rapiafon of this department tlmt the of Regents is authorized te purohase a$rplanes for me in ootire~ Of inntmotf@n @fiend in Asroaautloal Ba- gineering, ff +nds a” available ior that purpose.
The Beard of Regents of the Ukfvenfty ei Texa8 18 authorieed.to pumhme afrplerms for use ia OO~AFSW o? irrstrua~+oq-ef;eredi? A~~ruutfee*f ~neeri&g, if funds AFE’IWVBB pPtl,1947 ATTOllWf% m OF TEAS
EU: B. L++. fy.+..L ATTORNEY GENERAL George W. Spa
Assistant ~. GWS~jrb
Approved Opinion Committee- By F-D, ,Chalmn