The Attorney General of Texas
December 31, 1982
MARK WHITE
Attorney General
Mr. Louis J. Rodriguez opinion No. w-549
Supreme Court Building President
P. 0. Box 12546
Austin, TX. 76711. 2546
Midwestern State University Re: Legality of home run
5121475-2501 Office of the President contest held by state
Telex 9101674-1367 Wichita Falls, Texas 76308 university
Telecopier 512M75.0266
Dear Mr. Rodriguez:
1607 Main St., Suite 1400
Dallas, TX. 75201-4709 You have requested our opinion concerning the legality of a
2141742-6944 proposed contest to be conducted by Midwestern State University
(hereinafter MSU) in cooperation with the muscular dystrophy charity
in Wichita Falls, Texas. Your proposed "Home Run Hitting Contest"
4624 Alberta Ave.. Suite 160
El Paso, TX. 79905.2793
would offer contestants a chance to win a $500 United States Savings
9151533-3464 Bond based on how many of five baseballs each contestant can hit over
the outfield fence in your baseball field. Each contestant must pay
an entry fee of at least $10.00. One-half of the proceeds would go to
1220 Dallas Ave., Suite 202
the MSU baseball program and one-half to muscular dystrophy.
Houston, TX. 77002.6966
713/650-0666
We understand that your main concern is whether the proposed
contest is permissible under the state's gambling laws. See Tex.
606 Broadway, Suite 312 Const. art. III, 547; Penal Code %P47.01 et seq. Before reaching this
Lubbock, TX. 79401-3479
question, however, we must address a threshold question: Is
6061747-5236
Midwestern State University authorized to cooperate with a private
charity in conducting a contest on university property for the purpose
4309 N. Tenth. Suite B of generating revenue, where a prize will be offered, and where
McAllen, TX. 76501-1665 one-half of the proceeds will be donated to that charity?
5121662.4547
Midwestern State University is a state-supported institution of
200 Main Plaza. Suite 400 higher education. As such, it derives its legal powers and authority
San Antonio, TX. 76205.2797 from the Texas legislature. The statutes which specifically apply to
5121225.4191 MSU are sections 103.01 et seq. of the Texas Education Code. Those
which are generally applicable to institutions of higher education,
An Equal Opportunity/
including MSU, are in various other places in the code. See, e.g.,
Affirmative Action Employer Educ. Code S951.101 et seq.; 51.201 et seq.; 55.01 et seq. Compare
Educ. Code 5951.001 et seq. (inapplicable to MSU).
The board of regents of MSU possesses some measure of
discretionary authority. For example, it may promulgate rules for the
safety and welfare of students. employees, and property. Educ. Code
Q51.202. It may issue revenue bonds for the purposes specified in
section 55.13 of the Education Code. It may accept donations, gifts,
and endowments for the university under the conditions set forth in
p. 1998
Mr. Louis J. Rodriguez - Page 2 (MW-549)
section 103.08 of the code. Its authority is, however, not nearly as
broad as that which has been conferred upon boards of regents of other
state institutions of higher education, i.e., the University of Texas
System. See Educ. Code 965.31; Foley v Benedict, 55 S.W.2d 805 (Tex.
1932); Attorney General Opinion MW-373 (1981). There is no
counterpart, for example, to section 65.31 of the Education Code,
which authorizes the board of regents of the University of Texas
System to "promulgate... rules... for the operation, control, and
management of the university system and the component institutions
thereof as the board may deem either necessary or desirable,"
applicable to MSU.
You have cited no statute which explicitly or impliedly
authorizes MSU to cooperate with a private charity to conduct a
contest for the purposes and under the conditions which you have
described. Neither has our own research disclosed any such express or
implied authority. We must therefore conclude that the university is
not authorized to conduct the proposed contest. Our conclusion
renders it unnecessary for us to consider the legality of this contest
under the gambling laws.
SUMMARY
Midwestern State University lacks statutory
authority to cooperate with a private charity in
conducting a contest on university property for
the purpose of generating revenue, where a prize
will be offered, and where one-half of the
proceeds will be donated to that charity.
A
zzti
MARE WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III,
Executive Assistant Attorney General
Prepared by Jon Bible
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Jim Moellinger
Bruce Youngblood
p. 1999