Untitled Texas Attorney General Opinion

Mr. John S. Hovenga Opinion No. C- 207 Executive Director Board of Regents Re: Whether the Board of State 'TeachersColleges Regents of the State Austin, Texas Teachers Colleges have the authority to make a long term lease with the Federal Government Dear Mr. Hovenga: on state-ownedproperty. Attached to your letter requesting an opinion from this office was a proposed 49 year lease of state-ownedland between the State of Texas, acting by and thtioughthe Board of Regents of the State Teachers Colleges in behalf of Stephen F. Austin State College, and the United States of America. With regard to this proposed lease you ask the following question: "Does the Board of Regents of the State Teachers Colleges have the authority to make a long term lease with t$e Federal Government on State-ownedproperty? The Board of Regents, as an agency of the State, may make only such contracts on behalf of the State as it has been authorized by law to make. Fort Worth Cavalry Club v. Sheppard, 125 Tex. 339, 83 S.W.2d 660 TIC93510Att G 1 L tt oi- ion No. MS 75 (1953). The Board 0; Reg~%~yofe~~Sta~e gacieis Colleges is empdwef&d and ziuthopieedto:.con$truct. ahd.&quip build- ings,~purcha,sesupplies, and acquire land for the use and benefit of any state teachers college. Aptlcles 2647 and 2647b, V.C.S. And It is authorized to construct or acquire through funds or loans to be obtained from the United States Governmentor one Of its agencies or from any other source the buildings described in Article 2603~, Vernon's Civil Statutes, and pledge the revenues of said buildings to the payment of bonds or notes Issued for the '.constructlonor acquisitionof such buildings. See also Article 2909a, Vernon's Civil Statutes, providing for the erection and equipment of dormftories,cottages, and stadiums, and the pledging of the revenues therefrom for the payment thereof. To the extent that the statutes authorize, therefore, the Board of Regents may acquire title both to ticsal property and personalty for the use and benefit of the State Teachers Colleges. -1003- Mr. John 5. Hovenga, page 2 (C- 207 ) The dispositionof State-owned land _ Is a. matter - - over -_ which the Legl.slaturehas excIu*Ive control. Lorlno v. crawfora Packing Company, 142 Tex. 51, 175 S.W.2d 410 (19431. 34 T J Publi Lands, Sec. 25. There is no general law'whlche%tuh%- any &ate Teachers College or the Board of Regents of the State Teachers Colleges to dispose of State-ownedland. A lease- hold of more than one year has been held to be a dispositionof real estate. Article 1588, V.C.S.; Robertson v. Scott, 141 Tex. 374, 172 S.W.2d 478 (1943); Carrier v. McDonald, 218 S.W.2d 257 (Tex.Civ.App.,lg@), Hence9 we must h Id that no general authority exists. State v. Steck Co., 236 i.W.2d 866 (Tex,Civ. App. 1951, error re?".) SUMMARY The Board of Regents of the State Teachers Colleges does not have the authority to make a leasehold of more than one year of State-owned property. Yours very truly, WAGGONER CARR Attorney General By: 1RWnsj:mk.h Assistant APPROVEiDg OPINION COMMITTEE W. V. Geppert, Chairman J. C. Davis George Gray H. Grady Chandler ' Howard Fender APPROVED FOR THE ATTORNEY GENERAL BY: Stanton Stone -1004-