.’
AUSTIN H.'X~XAS
PRICE DANIEL
ATTORNEYGENERA,.
october 28, 1949
Hon. Claude Isbell Opinion No. V-940.
Rxeautlve secre&ary
Board of Regents Re: Several questions re-
State Teachers Colleges letlng to the aon-
Austin, TeXaa struotlon OS a prl-
vately financed ohapel
on the campus of West
Deer Sir: Texas State College.
We refer to your letter relating to the erec-
tion of a chapel to be constrwted on the campus of Heat
Texas State College solely from funds contributedby in-
dividuals, and an order paared by the Boati of Regents
of Texas State Teachers Colleges which reads:
"(1) Before advertlaemeatfor bids: Funds
oontrlbutedshould be delivered uwondltZoa-
elly lnto the hands of the Board to be die-
bursed by the Board exoluslve oi oontrol from
donozlsor others (2) The construction ooat
lnoludlngequipment and furnlshlngmust be
wlthln the amount o? funds delivered into the
Boarda oontrol; and (3) Before blda for oon-
atruotlon are aocepted reasonablerules and
regulations?or the we of the Chapel shall
be promulgatedby the Board so that nil may
know of permitted uae before the Board ln-
ours any obligationior building and that
when oomplete the building be maintolnedby
the College."
IOU state that the Board derina the legal
oowideratlon of this oifioe on this order before going
further with ooastruction.
Artlole 2603, Seotion 1, Vernon's Clvll Stat-
utea, provides in part:
"That . . . the Boaad of Regenta of tk
State Teaohera College . . . are . . . ruth-
orlzed and empowered to oonatrwt or loqulre
through runclaor loens to be 0bta1ned fPom
ROIL.Clando Irbell, page 2 (V-90)
. . . any . . . aouroe, prlvato or publlo,
without oont to thm State of Taxa8, and lo-
oept title, aubjeot to rpoh omditiom and
llmltatlonsa8 may be preaorlbedby . . .
aald Boards, donltorle8, kltohenr and dln-
lry halla, hospitala, llbr~rle~,studa nt lo-
tlvltr buildinga, gymnaala, athleticbuild-
ings and atadla, and auoh other buildinga
am may be needed for the good oi the lnatl-
tutlon and the moral welfare and soalal oon-
dwt of the students o? suoh lnstltationi
when the tote1 aoat, type of oonatruetlon,
oapaolty of suoh buildings, as well as other
plans and speclfloat~onshave been approved
by the . . . GoverningBoards; provided, how-
ever, that the Legislature shall never make
an appropriationout bf the general fund o?
this State . . . for the pwpom of equip-
ping or for the purpose OS purehaalng and
inatalllngany utility oonneotions in any of
the buildings erected under aud by virtue o?
the provlalona of this Act."
Se&ion 7 thema? provider:
"It is further provided that land owned
by the State or any of said lnmtltutlonamay
be wed as building nlter and gmxd ior wah
bu;:d;~,aoqulred undar the provlaionr of
.
Article I, Section 7 of the Conatltutloao?
Taxas reada:
"Eo money shall be appropriated,or
dram from the Traaay for the benefit of
any seat, or religious soolety, theologloal
or religious semlnarl;nor ahall property
belonging to the State be approprlatadior
any auoh purpwem.”
Woktom New InternationalDlotlonary,Una-
bridged, geooordEdition, daflnes "Chapel" as:
"A ruboldlarteplaoe of roxwhlp, a
aanotrury other than l pmrirh or oathodral
ohurah...
"A private plaom of wonhip, or oratoryi
.’
,
Bon. Claude Iebell, page 3 (V-940)
as (a) One not connected with u church; no,
t;lt;xp$l of a palace, hospit(ll,prison or
.
In Fitzperald v. Eaet Lawn Cemetery, 10 A.2d
683 (Conn. Sup.lgtO), it la said that “the word ohapel,
In its ordinary slgnificanoe,means a plea0 of worship
other than a large or regular church, a place of wor-
ship malntalned for special purpoebs. Funk and Xagnalle
Dlcttonary.”
Upon considerationof the above statutes and
authorities,it is our opinion that.the Board of Regents
of the Texas State TOaOhOZ% Colleges has the authority
to acquire such a chapel through funds obtained frw a
private eourae, without coat to the State of Texas, lf
in the discretion of such Board the building la needed
for the good of the institutionand the morel welfare
and social conduot of the etudents. We think the order
is in eubstantlalcompllanaowith the provlelons end
spirit of Section 1 of Artlole 26030.
It la to be noted that the Leglelaturemay not
appropriatemoney out of the General Fund for the equlp-
ping of any building 80 aoquln%¶,nor for the purohaee
and i.natalllngof any utility oonnectionsin ewh a
building. Further, that no money may be appropriated
by the Legislature or drawn from the State Treasury for
sectarian purposes. By reaeon of the laws applicableto
Nest Texas State College, it is a State College for edu-
cation in the Arts and Sciences and la non-eeotarian.
The chapel may not thereforebe for the exoluslve use of
any eect, denomination,or religion. The control of the
ehepel muat be and remain in the Board..
The determinationo? whether the propoeed ln-
etallatlon la question meets with etatutom requirement8
hereinbeforeset out la a matter within the eound dlr-
orbtlon of your Board.
The Board of Regent8 of Texan State
Teaohera College8 may oonatrwt a chapel on
the oampum of Weet Texas Statb COllOgb
through furde obtained from private eourcets,
without oat to the State. State Colleges
.
Ron. Claude Isbell',peg? 4 (V-940)
are non-eeotarlan. The chapel m&y not
therefore be for the exclusive ueeg; 0';;
soot, denomltiatlon,or religion.
trol of the c~hapelmust ba and remain in'
the Board. Tex. Const. Art.1, Se.o.7;Art.
'26930,gecs.1 and 7, Y.C.3.
Youra vbry truly,,
ATTORRRYGlMRRALOF TJBXAS
CRorbhtmw -1
Chester E. Ollleon
Assletent
APPROVRD
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