Case Information

*1 THEATORNEY GENERAL OF TEXAS AUWE-IN 11. %%XLWM

GROVER SELLERS

Honorable Waver H. Ihker

l Chairman, State Board of Control

Austin, Texas

Dear Sir:

Opinion No. O-5856 Re: Idust the Stato BDard of Control ceserve the minerals in the lends belonging to State, used for a Negro Orphanage. when making a conveyance?

Referenae is made to your letter of February 0, 1944, which is as follows:

"Please refer to the provisions of Seotions 4 and 9 of the Constitution of Texas, Artioles 5306 and 5310, R. C. S., together with amendments thereto, and your Opinion O-5625, rendered to this Board, and give us your opinion on the following inquiry.

"Would it be inoumbent on the State Board of Control to reserve the minerals in the lands belonging to the State, and used for a Negro Orphanage near Gilmer, in Upshur County, Texas, when we make conveyance of the same, as provided in Article 3221 (a) et seq., R. C. S."

In our opinion No. O-5625, we advised that the State Board of Control by virtue of the provisions of Ii. B. 1188, Aots of the 45th Legislature, 1937, codified in Vernon's Annotated Civil Statutes as Art. 3221s, that

"(2) That the Board of Control has the authority to convey a fee simple title absolute to this property."

with regard to the questton presented here, it is the opinion of this department that & B. 1198, supra, must be oonsidered as an independent act, and not dependent on the laws' governing the sale of public land. Therefore, the State Board of Control is authorized to sell this property in the manner provided by the statute, and not required by law to reserve minerals. The statute providest

n . to sell the said Diokson Colored Orphanage property for the beit* prioe that oan be obtained therefor; -said sale to be either for cash or on a aredit as said Board may determine to be for the best intsrest of the State."

Hon. 'Zeaver H. Beaker - Page 2-O-5656

Publio land, as used in Texas StaDJtes, has been defined as having the same signifioanoe as publio domain. Vol. 34, Tax, Jurisprudenoe, p. 20: Day Land and Cattle Co. v. State, 56 Tex. 526, 4 S. f. 665.

Section.4 and 9 of Artiole VII of the Constitution, and Articles 5306 to 6310, V. A. C. S. referred to in your letter are applioable to public land.

In Vol. 36, Tax. Jur. p. 636, under the subjeot of "state of Tqas" we find the folloving statement:

'In the absence of constitutional restrictions, the State may sell and dispose of its property upon its own teams and conditions, and legislative enactments usually govern the manner in which State lands may'be disposed of."

Trusting that this gives you then infomation desired, we are

Yours very truly ATTORNEY GEBEML OF TEXAS s/ Jaok W. Rowland

% Jack ~'17. Rowland

Assistant

JNR:BT

APPROVED FEB. 21, 1944

s/ George P. Blaokbum

ACTIN; ATPORNRY GENERAL OF TEXAS

APPROVED OPINION CObi?KIT.TEE BI B. N. B. CIIAIRMB