Untitled Texas Attorney General Opinion

R-683 lil OFmICE OF THE ATTORNEY GENERAL AUSTIN. TEXAS JuU 30, 1947 Hon. E. H. Hereford Dean, North Texas AgriculturalCollege Arlington, Texas Opinion No. v-320 He: Authority of North Texas Agricultural College to sell laud and dlspositlon,of proceeds of such ,sale Dear Sir:~ This oglngon is in response to your letter of June 19, 19 7, which reads as follows: "In 1945 the North Texas Agrl- cultural College purchased a lot, using local,fuudsto pay for same: We have now changed our plans and do not wish to ex- tend our holdlugs in that dire&ton and desire to sell this lot. "First, can we sell this lot pukased with local funds without an act of the Legislature? “Second,till the purchgse price together with the profits revert to our local funds?" North Texas AgriculturalCollege Is goverued by Articles 2620 to 2623a, Lrmluslve,Ver- ’ non*8 Civil Statutes. Under Article 2620, the College Is placed under direction of the Board of Directors of Texas Agriculturaland Mechanical Col- lege, called a Supervisory33oard,and a "Local Board of Managers." As we construe your letter, your request concerns the authority of the Local Board of Managers to sell and convey land. If this authority exists, It must be found within the sta- tutory provisions indicated. We find no suah au- thority, either expressed or -lied, In these pro- Hon. E. H. Hereford - Page 2 - V-320 vl~lons and thereforeadvise you that the Local Board of Managers may not sell or convey land. As regards the authority of the~.Board of Directors of Texas Agriculturalend MechauIcal College to make the sale which you desire, we find only three Instancesuuder which such Board is authori- zed to sell land. These are for permanent improvements (Article 2613a-1, Sets. 1 and 4, V.C.S.); In conuection with Its duties regarding forestry (Article 2613a-2, Sec. 5, V C.S.); end its duties regarding experirnantal stations {Articles139 and 140, V.C.S.). The powers granted In uonneotloneth forestry and experimental stations are not applicable to your situation. We doubt, from the facts given in your letter, that the. rovislons deal- wltlipermanent Improvements(Article 2z13a-1) are applicable; However, we quote Sections 1 and 4 for .yourlnforinationt . "Qoc. 1 - The Board of Dlreotors of the Agriculturalaad Heatidal College of Tex+ is hereby authorized to contraot nith persons, f%rmfior corporationsfor the purohase of, or the aoqulrltlonof, or th? erection of permanent 9mprovementSon or convetientlylocated ln referenue to the canprusof said College, or to the oampuseci of any or all of Its branch lnstitrrtions, and to purchase, sell, or leas6 lands.and other appwYxnances fey the construction of such permanent improvementsprovided that the,State of Texas Incurs no Indebtedness under the contra&s." "Sec. 4 - Said Boeml of Directors Is f'urtherauthorized to sell, encumber or contraat wlth reference to the dlvqWng or encumberingof the title to any part of the caqms or other propem of.s&d College or of its branoh lnstltutloneas may be neoessarg. ' In the oonstrwtlon or acquisitionOf dorml- tories exoept that no debt shall be created ~&:a$ sald LnstltutLonor the.S+te of . Although the provlslons just quoted we not altogether clear, we construe thtmto mean that property which Is no longer required by one of the in- stitutionsunder the control of the Board may be sold Yio.,E, H. Hereford - Page 3 '- V-320 by the Board and the proceeds used to erect or aids in the erection of the.permanentimprovementscon- templatedby Article 2613a-1, We are unable to say, -. from the facts given, that the provisions Indicated apply to your situation. Nevertheless,thi8 Is the only statutory authority of sale which could apply in your case, and we have quoted the provisions for your guidance in the event they should apply. On the contrary, it would appear that the land in question is merely excess over present requirements..It does not appear that the consldera- tion to be paid is required, or will be used, In con- nection with ,theerection of improvementsas contem- plated by Article 2613~1. As a matter of fact, the situation presented is similar to that involved in our Opinion No. O-2417 in which it was held that the Board had no authority to convey under the facts there presented. If this analysis of the facts is correct, then it follows thata special act of the Legislature will be required Inorder to authorize your convey- ance. Your second question deals with the dispositionof ~theconsiderationderived from the sale, If the sale is made under Article 2613a-1, the consld- eration received would go into the permanent improve- ments contemplatedby that article'; If a special Act of the Legislature is required to authorize the gale, the Act-should make provision therein as to the dls- position you desire. SUMMARY Neither the Local Board of Managers of North Texas Agricultural College, nor the Board of Director8 of Texas Agriculturaland Mechanical College may 6ell and convey land which is merely excess over present College requlrements exceptthrough special legislative Act, urd.essfacts are present justifyingthen ~, application of Arttcle 2613a-1, V. C. S, ~Hon. E. Hi Hereford - Page 4 - V-320 ' The dispositionto be made of the con- sideratlon,tobe received should be pro- vided for In the hot. YOU’8 very truly . HDP:bt .