Untitled Texas Attorney General Opinion

b - t OFFICE OF THE ATTORNEY fiENERAL OF TEXAS 1 AUSTIN Honorable CllfforU B. Jones, President Texas Teohnologioal a0110ge I Lubbook, Texas Dear Sirr opir@-+-$98 outo a. market ..__ ir in about From the marketing oontraot you anoloeed we quotm oer- tab pertinent provie$oner fmuuwrIN0 a'omaT OF TIi8 TEXAS CERTIFIED SEE9 OROWERS ASSOCIATION "The Texas aertlfled Seea bowsrs IlssOoiPtion, a non-profit, co-operative-~sooiation, with its .orableClifford B. Jones, page 2 prinolpal.office and place of buslnees at Lubbock, in Lubbook County, Taxaa, herearter referred to a* *&eoolatlon9 and the undersigned, hereinafter re- farred to as 'Breedar'. AGREE: 0. . . "2. The Breeder agrees to deliver to the Aa- soolation all of eaoh variety of State Certlfle& Grain Sol’ghum Seed now on hand or produoed by him or for him or aoqulred by him aa landlord or ten- ant for ten (10) orop years from and artier date of thle oontraot. ". . . ". . . *b. Title to such Grain 80rghusuSeed shall pase to the Association upon delivery. The &so- olatlon may borrow money and pledge the.Graln Sorghum Seed or other asseta a8 seourlty for loam. "5. The Asaoolation shall re-sell aald Grain Sorghum Seed as it deems best under market oondi- tlons, and shall deduot from the prooeeda of sale thereof, f'relght,lnsuranoe, storage and interest, aa roll aa the cost of operating and maintaining the Aseoolatlon, and in addition thereto, in ths dlaoretlon or the,Board of Dlreotors reserves not to sxoeed fire (5) per oent of the gross re-sdle prloo or aata Grain Sorghum Sesd. All reserves shall beoome a permanent oontlnulng fund of the Asroolatlon, unleea distributed as and when oon- olwlrelg determined by the Board of Blreotors; and eaoh member*a lnteiest in such Res4ne fund shall be in prop~rtlon to his oontrlbution thereto as approved by the Board of Directors. The Breeder agrees that reserves deduoted under any previous marketing oontraot betwen him and the Asaoolatlon shall hereby beoome subjeot to the proVisions of this oontraot. ". . . ". . . Honorable Cllrtord B, Jonas, page 3 ". . . "9. Ir ror any rsason the Breeder falls or re- ruses to dsllver all or his State Csrtlfled Grain Sorghum Seed oovered by this oontraot as herein pro- vided, or sells any State aertlried Seed as individ- ual property or rails to report sales and to deliver prooruls of Sales to Assoolation Seoretazy, then and in that eYsnt he shall be held to have braaohad his oontraot and shall pay to,the Assoolatlon liquidated damages in the sum or 250 per bushel on all Grain Sorghum Sesd withheld or sold, and a reasonable at- torney roe and oosts or stilt, whlah shall be due and payable at Lubbosk, Lubbook Oounty, Texas. Breeder rurthermore agrees in this ease to surrender his lloense to the State Seed ana Plant Board and dia- oontlnue &rowlng State Csrtlfled Seed, and must ra- turn all unused Assoolatlon Brand Bags to Assoolatlon at prevallIng.prIoe of bags at the time. *. . . * * We haYe examined the statute8 oreating and alieotlllgthe College and wa.ara of the opinion the Board of Regen;; ;; :~PI& ~_ authority to enter into the oontraot you enolosed. that Artlole 2629 authorlses the College to 61~0 lnstrustlon in a&rloultural pureults, and Artlola 2631 make8 it the duty or the %oard to provide the raollltles that ~111 enable the student body to pursue oourses in tarm husbandry. These statutes do, or ooursa, authorize the College to mske it possible for the students to do orlgina ana rasearsh work ln agrioulture, such a8 the breeding and msrkatlng of sorghum seed. It is a wholly differant matter, horefer, when it is proposed In oonneotlon with that authorized Collage astIYlty to enter into a ooutraot with a prIYate agenop tar the marketing or Gollege or State property. ~Rspeoial.Iyls this true when the contract oontains 8 provlslonr.forliquldated damages and attorneys roes, or provides ror a oo~miss~on not ax- seeding flvs per sent ior the private oonoern18 serrloes. It seems to be will settled in Texas that uniYersitie8 aad aollages, like othar oorporations, haYe 01ilJi such powers as are @ante& in their oharters or by goYsr&tg StatuteS. R. B. :, Spenoer a CO. Y. Thorp Springs Christlen College, 41 S.w. (26) 482; 42 Tex. JUT., p. 821, sea. 4. Honorable Clifford 8. Jones, pago 4 oolleges and unlversl- or a stats oollege are ars purely creatures or the constitution and laws or Texas. The only powers or ohar- ters they oan have are those granted by the Lsglslaturs. Splawn t. Woodard, 287 S.W. 677; 42 Tax. Jur., p. 822, sea. 5. ?lnally, ws point out that stats offloers oan make no binding oontraot without prstlous authority oonferred by law. State Y. Perlsteln, 79 8.W. (2d) 143; 38 Tex. JUT., p. 840, sea. 22. Sinoo uw hate oonsluded them Is no statutory authority for it, ws advise the College should not exeoute the oontraot. Very truly yours, ATTORNEY GENERAL OF TEXAS By 6*7+ Elbert Hooper Ast3lstant '--