The Attorney General of Texas
March 16, 1984
JIM MATTOX
Attorney General
Supreme Court Bullding Honorable L. J. Lacina. Jr. Opinion No. .JM-139
P. 0. Box 12546 Washington County Attorney
Austin, TX. 70711.2546
Courthouse lte: Authority of junior college
512/475-2501
Telex 9101674.1367
Brenham, Texas 77833 to lease its football stadium to
Telecopier 512/475-0266 an independent school district
Dear Mr. Lacina:
714 Jackson. Suite 700
Dallas, TX. 75202.4506
2141742-6944 You have asked whether Blinn College, a public junior college
operated by the Washington County Junior College District, may lease
its football stadium to the Brenham Independent School District. Your
4624 Alberta Ave., Suite 180 specific questions are as follows:
El Paso, TX. 79905.2793
915/5333464
(1) Is the leasing by Blinn College of its
football stadium to the Brenham Independent School
r x)1 Texas, Suite 700 District for football games a junior college
“ous,on, TX. 77002-3111 purpose within the meaning of 130.124 of the Texas
713,223-W Education Code?
606 Broadway, Suite 312 (2) Does section 130.124 of the Texas
Lubbock, TX. 79401.3479 Education Code prohibit Blinn College from
606/747-5238 continuing its commitments under existing
contracts and/or policies for the use of its
4309 N. Tenth. Suite B
facilities for University Interscholastic League
McAllen. TX. 76501-1665 events and programs, and for the Brenham
5121682-4547 Independent School District track programs?
Section 130.124 of the Education Code provides:
200 Main Plaza, Suite 400
San Antonio, TX. 76205.2797
512/2254191 (a) A junior college district facility
constructed with student fees may be used only for
junior college purposes. (Emphasis added).
An Equal Opportunity/
Affirmative Action Employer
The attorney for Blinn College has informed us that "a majority,
if not all, of the money used to construct Spencer Field," the
college's football stadium, "was student fees." Thus, Spencer Field
may be leased to the Brenham Independent School District only if such
an arrangement serves a "junior college purpose."
p. 592
. .
Honorable L. J. Lacina, Jr. - Page 2 (JM-139)
The legislature has declared junior colleges to be "comprehensive
community colleges." Educ. Code 0130.005. Section 130.003(e) of the
Education Code states that
[t]he purpose of each public community college
shall be to provide:
(1) technical programs up to two years in
length leading to associate degrees or
certificates;
(2) vocational programs leading directly to
employment in semi-skilled and skilled occupa-
tions;
(3) freshman and sophomore courses in arts and
sciences;
(4) continuing adult education programs for
occupational or cultural upgrading;
(5) compensatory education programs designed
to fulfill the commitment of an admissions policy
allowing the enrollment of disadvantaged students;
(‘3) a continuing program of counseling and
guidance designed to assist students in achieving
their individual educational goals; and
(7) such other purposes as may be prescribed
by the Coordinating Board, Texas College and
University System, or local governing boards, in
the best interest of post-secondary education in
Texas. (Emphasis added).
The lease of Spencer Field to the school district clearly does
not further any of the first six purposes listed in subsection (e).
Thus, the question is whether said lease is authorized by subsection
130.003(e)(7).
On January 27, 1984, the board of trustees of the Washington
County Junior College District unanimously adopted the following
resolution which reads, in pertinent part:
Be it Resolved as follows, to-wit:
That the use and/or leasing by The Junior
College District of Washington County (Blinn
College) of its facilities for UIL events and
p. 593
Honorable L. J. Lacina, Jr. - Page 3 (JM-139)
programs and for the conducting of the Brenham
Independent School District track program by the
Brenham Independent School District Is a Junior
College purpose within the meaning of Section
130.003(e)(7) of the Texas Education Code and is
in the best interest of The Junior College
District of Washington County (Blinn College).
That in the event that the Board of Trustees of
The Junior College District of Washington County
(Blinn College) would be requested by the Brenham
Independent School District to lease its football
stadium to the District for its home football
games, and if the Board of Trustees should decide
to lease the same to the District, either on a
long term or temporary basis, said leasing as
herein set out is a Junior College purpose within
the meaning of Section 130.003(e)(7) of the Texas
Education Code and is in the best interest of The
Junior College District of Washington County
(Blinn College).
Thus, the board of trustees has prescribed that the leasing of Spencer
Field to the Brenham Independent School District constitutes a "junior
college purpose" under section 130.003(e)(7) of the Education Code.
In addition, there is clearly a close relationship between Blinn
College and the Brenham Independent School District that supports the
board's finding. We conclude that Blinn College is authorized under
section 130.024 of the Education Code to lease its stadium to the
school district.
SUMMARY
Since the Board of Trustees of the Washington
County Junior College District has declared the
leasing of the Blinn College Football stadium to
the Brenham Independent School District to be a
"junior college purpose" under section 130.003
(e)(7) of the Education Code, Blinn Col~lege may
lease its stadium to the district under section
130.024 of the Education Code.
Lk
Very truly you
JIM
m
MATTOX
,
Attorney General of Texas
.
p. 594
Honorable L. J. Lacina. Jr. - Page 4 (JM-139)
TOMGREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin. Chairman
David Brooks
Colin Carl
Susan Garrison
p. 595