E NEY GENE-I.
EXAS
Honorable Theophllus S. Painter, President
The University of Texas
University Station,
Austin, Texas
Dear Sir: Opinion No. O-7091
Re: Whether or not the Board of
Regents‘of the University of
Texas can legally expend money
from the Available University
Fund for the purposes set out
herein.
We have your request of July 8, 1946, which reads as
follows:
"Your department in Opinion No:~O-4510; addressed
to the President of The University of'Texas; held in
effect that the Board of Regentsof~The University of
Texas had the authority"to acquire property by convey-
ance from the United States Govern&t to'be used as a
site for an oceanography laboratory on the Gulf of
Mexico.
"The University now expects to acquire title to
this property In the near future tionsistlngof ap-
proximately eleven acres of land on Mustang Island
fronting on the Gulf of Mexico near~the'town of Port
Aransas to be'used as a site for'a 'tirine or ocean-
ography laboratory. There is~now lbti~atizd
bn~said
premises an old buil.dIngfornierlg'usea'asisfield of-
fice by the United States Army Engineers, and'the con-
veyance from~the Government is to include these im-
provements. _
"Assuming that the Board of Regents of The*Uni-
versity of Texas does acquire title'to~this'property,
together with the 'improvementssltuat6d thtireon,will
you'please advise me whether 'oriiot'theRegents could
legally expend money from the AvCiilable'Uhivei%ity'Fund
for the purpose of repairing, remodellng~and improving
said building now on said premises‘fbr~%hk purpose of
housing a laboratory for the study~of~marine science or
oceanography in connection with courses of study given
in The University of Texas at Austin, Texas.
Hon. Theophilus S. Painter, page 2 O-7091
"Furthermore, will you please advise me whether
or not the Regents can legally expend money from the
Available University Fund for the purposesof erecting
new bulldings and other improvements on said slte for
the purpose of a marine'laboratory In connectlon with
study and research of oceanography 'ormarine science,
the results of which study and research is to be used
in connection with instruction and study of',:co;rses
given at the Main University at Austin, Texas.
We believe that the answer to'both your questions is
determined by Article 2592, V.A.C.S., applicable portions of which
we quote:
"The Board of Regents of the University of Texas
and the Board of Directors of the-Agricultural Andy
Mechanical College,of Texas shall; with the approval
of the Legislature, expend the Available University
Fund for the construction of buildings on the campuses
of thelr respective institutions'ahd for the extension
and improvement of their campuses'and for the equip-
ment of buildings thereon In the proportions and amounts
hereinafter indicated; * * * *II
Whether this statute is deemed mandatory or merely di-'
rectory, it strongly negatives the idea that any improvements may
be made on the land in question out of the Available University
Fund, and we are unable to find such authority elsewhere. Of
course, money8 from such fund can be secured through proper legis-
lation.
Therefore, we must answer both your questions In the
negative.
Very truly yours
ATTORNEY GENERAL OF TEXAS
By s/Woodrow Edwards
Woodrow Edwards
Assistant
WE-bw-WC
APPROVED JULY 24, 1946 ,
s/w.V. Geppert
(Acting) ATTORNEY GENERAL OF TEXAS
Approved Opinion Committee By s/A.L.W. Chairman