THEATTORMCY GENERAL
OF TEXAS
HonorableT. M. Triniole
Fir4t AssistantState Superintendent
Austin,Texas
Dear Sir: opinionNo. O-1075
Re: Whet ie meant by the phrase, "purchasing
school end gymnaeiumequipment?"
Th% will acknowledgereceiptof your letterof June.30,1939, which
letter is as follows:
'The Cee Vee Rural High School ConsolidatedDistriotvoted e
bond issue of $5,000 for the purposeof constructingpermanent
repairs to sohoolbulldingeend purchasingschool endgyamssium
equipmentwithin the limitsof the said district.
"At the requestof Miss BeatrixCobb, County'Suparintendent
of Cottle County,we would like for you to definewhat is msent
by the phrase, "purchasingschool end gymasiumequipment."
In reply to the above request,this is to advise that we have made
an independentinvestigstion of the bond issue in quastionand find
from the transcriptthat the bonds were issued:
"For the purposeof constructingpermanentrepairsto school
buildingand purchasingschool and gymnasiumequipment,within
the limitsof said districtI)
We further learnedfrom the investigation made that the permanentrepairs
of the buildingshave alreadybeen made, and we come now to considerwhat
may be purchasedwith those funds now on hand "Promthe .$bond issue as
covering"purchasingschool and gymnasiumequipment,"
In our researchwa do not find that $he courtsof the State of Texas have
ever passed upon the questionof what constitutesschool "equipment,"and
the nearest oase with respecttheretoas passed upon by the courtsof
Texas is the case of McGee $s. FranklinPublishingCompany, 39 S. W. 335,
and in the case the questionof the term "furniture"was defined,and the
court had thisto say:
“The term 'furniture'used in the statuteswas evidently
intendedto embraceonly such articlesas where generally
understoodto be in-generaluse in schoolhouses as a part
of the furnitureof the house as distinguishedfrom appliances
Hon. T. M. Trimble,Page 2 (O-1075)
We, however,feel that "purchasingschool and gymnasiumequipment,"es ia
set out in the case now under discussionis broaderthan the term "eurniture"
and could be used in e broader sense than appliancesor apparatusas used
in the case just above quoted.
Being withouta Texas case in point as we found It to be, searchwas made
elsewhere,end we come now to the variousBefinitions'ofequipwrites
have been used by the courts of other states:
"Equipmentof en institutionmeans the visible,tangible
furniture,fixturesend apparatuson the premiseswhich are
usual and necessaryfor the operationthereinconducted."
Baltimorev. St. PetersAcademy,50 Md. 321.
"Equipmentin a hospitalmeans everythingrequire.;to convert
an empty buildinginto a hospital." BouviersLaw Diet.,Volume
2, p. 1055.
In quotingfrom the SupremeCourt of Indiana,the Waco Court of Civ/l apPeala
has this to say with referenceto equipmentof an automobile:
'she term 'equipment'within a policy insuringagainstloss on
the body, machinery,and kQuipm.entofan electrioautomobile
means whatever is needed for efficientactionor service in
connectiontherewith,end thereforeincludede rectifi&r?which
was kept in the garage and used for the purposeof chargingthe
electricautomobilewith.electricity,, it being necessaryto
operationof such automobilethat it Shouldbe chargedwith
electricityat stated times.! Irwin v. Auto Finance,40 S. W.
, (2a) 871.
We believethat the languageof the oourt in taking of a similarmatter
coveredthe questionnow to be passed upon, and we quote from the opinion:
"It is contendedthat the term '5quipment'coversfurniture,
furnishings,and portableproperty,and not such articles
or improvementsas when installedbecome a pert of the
schoolbuilding. It'is true that some authorities,in
defining ' equipment,'restrict,theimportof the term to
articlesof this character. Others,however,give it a
broadermeaning. Webster, in definingthe word 'equip'
says: "To furnishfor service,or againsta need or exi-
gency;to fit out;.:to supplywith whstever is necessary
to efficientaction in any way; to providewith arms or
an armament,stores,munitions,riggingand the like; -
said especiallyof ships or of troops' Bow if the rigging
of a ship is equipment,why not desks,rostrums,ventilating
fans end devices,tubularfire esoapes,and many other
articlesused in outfittinga schoolhousebe calledequipment?
Hon. T. M. Trimble, Page 3 to-1075)
In fact, it is common knowledgethat all of these articles
are called equipment,and yet when they are once installed
they become parts of the building. They are::~
all ‘lienable
articles’when being consideredin connectionwith liens of
mechanicsand materielmenfor the oonatructionof buildings.
Dictionariesoften fell behind the times. Stereotypedefini-
tions grow old. While the lexicographers of the past may
have enumeratedend assembledcategoriesof a.ctiolea to
illustratea meaning,yet after thefx having done so, we
have no reason to supposethat the categorieswere
e&heusted. In determiningwhat is ‘equipment’ we should
have clearlyin mind the subject which is being equipped.
In this oese it was a schoolhouse,and we think a school-
house would be In modern times incompletewithoutmany of
these things commonlytermed ‘equipment.’ In our opinion
the expression,I the ereotion,alterationor improvement
of such buildinga~(schoolbuildings),would fairly Include
many thingswhich are commonlycalled ‘equigmhnt, ’ and that
the recite1 in the bond did not neoeraarilyImply that the
districtwan intendingto une the procesds of the sala of
the bonds for purposesunauthorizedby law. . . .” Midland
School DistrictVI. Central Truet Co. 1 Fed. (2d) 124,
CircuitCourt of Appesls,Eigh~Lh.Cfrouit.
We thus come to the questionpropoundedby.you:
‘%lhst
is meant by the phrase, ‘purchasing
school and
gymnasiumequipment?“’
We are of the opinionthatthemaaningof this term inoludesthe purchase
_ of those articlesthat are usual and necessaryin the properand effeoient
managementof a school of a class and kind es that in question,i. e.,
maps, globes,furnitureand fixtureswithin the schoolbuildingproper
and basket ball back-bcsrds,basketball goals,etc. for the gymnasium,
shower bath equipmentfor showers,lockersfor the schoolbuildingand
for the dressingrooms of the gymnasium,and suche4uipmant as is necessary
on the outsideof the buildingor buildingsin questionas is right for
the properadministration, instructionend the supervisionof the
recreationof the childrenthus attending.
Yours very truly
APPROVEDOPINIONCOMMITTEE
BY T. D. R. CHAIRMAN ATTOFCiEYGENERALOF TEXAS
s/ Gee. S. Berry
APPROVEDAUG. 3, 1939
s/ GmALD c. l”imi
ATTORNEYGBNEBU OF TEXAS BY
Geo~:A. Berry
Assistant
CBB:n/ ldw