‘,.’ . 

‘. 

Ausrxs aa. TEXAH 

November 18, 1957 

Dr., J. W. Edgar Opinion No. WW-301 

State Commissioner 

of Education Re: Whether A. & M. College System 

Austin; Texas lands may be classified as 

State University owned land within 

the meanin 

i! 

of Section 5 of Article 2922-l of Vernon's Civil 

' Dear Dr. Edgar: Statutes. 

We quote from your request for an opinion as follows: 

"The third paragraph of Section 5 of Article 

2922-16 Vernon's Civil Statutes, as amended Acts 

195%; 5&d Legislature, 1st Called Session, ldentical prior to its amendment, provides in part as 

follows: 

ml Provided, however, that In any district 

containing State University-owned land 

amount assigned to such school district h&i r 

reduced in the proportion that the area included 

in the above-named classification bears to the total area of the district. . . .I 

"See also the tenth paragraph, subsection (3) 

of Article 2922-16. 

"It has been certified for purposes of 1957- 

58 local fund assignment-allocation of the above 

8 

uoted law that A. & M. College of Texas comprises 

.53 square miles of 'University land (Texas A.~& 

M.)' land which is located within the boundaries of 

A. & M. Consolidated School District whose total 

area is 65 square miles. Op the basis of .this certification,,the school district is claiming .eligL 

bility for a 13.123 percent reduction in its 1957- 

58 local fund assignment, which would approxmlate 

a $2 

c 

572 credit this'year. We are advised and 

admi ted that the 8.53 square miles comprise campus 

lands, and local land under the jurisdictionand 

control of A. & M. College. In short, .lt i-s.land 

.,~,owned'by the State of Texas for the use and benefit 

of A. & M. College, located within the above mentioned school.p+strict. . . .m 
Dr. J; W. Edgar, page 2 (WW-301) 

Section 13. of Article VII of the Constitution of 

Texas makes the Agricultural and Mechanical College of Texas 

a branch of the University of Texas, 

Section L5 of Article VII of the Constitution sets 

apart and appropriates "for the endowment, maintenance and 

support of said University and Its branches, one million acres 

of unappropriated public domain of the state." !Lhe lands so 

set apart were,in addition to those theretofore set apar,t to 

the University. 

Although the Agricultural and Mechanical Col1ege.i~ 

a constitutional branch of the University of Texas, the former 

institution is governed by its own Board of Directors. The 

.Roard of Regents of the University of Texas i,s the governing 

authority for ,the University System and of the permanent fund 

of the University of Texas. The permanent fund Includes all 

of the lands and public domain set apart and appropriated for 

the University and Its respective branches. The available University Fund received from the Permanent University Fund is 

divided between the University of Texas and the Agricultural 

and Mechanical College, the former receiving two-thirds and the 

latter one-third of the net fund. 

Section 5 of Article 2922-16 provides ti substance 

that a school district which contains "State University-owned, 

land* shall be entitled to a reduction in its local fund assignment "in the proportion that the area included in the abovenamed classification bears to the total area of the district. 

w The A. & M. Consolidated Independent School District 

hai ipplled'for a.reduction in its local fund assignment because 'of A. & M. College lands which are located within the limits of the school district. The question before us Is whether 

such lands are "State University owned" lands within the meaning 

of Section S.of Article 2922-16. 

We~are advised by the University of Texas that the 

foregoing campus lands are not a part of the endowment lands of 

the University of Texas. The Board of Regents of the University 

of Texasexercises no control or supervision over said lands or 

any port&on thereof. In fact, the Board of Mrectors of A. & M. 

College is authorized by Article 2613a of Vernon's Civil Statutes, to purchase, sell or lease lands for campus purposes. The 

lands so acquired are under the exclusive jurisdlct+on and control of the Board of Directors. 

Article 2922-16 was enacted in 1949 by Acts of the 

5lst Legislature. You advise in your request that the Education 
Dr. J. W. Edgar, page 3 (WW-301) 

Agency has consistently interpreted the phrase "State Unlversltyowned land", as used therein, as Including only the campus and 

endowment lands of the University of Texas which are actually 

under the jurisdiction and control of the Board of Regents of 

the University. The calculation of local fund assignments has 

been in accordance with such administrative construction since 

1*9* The Legislature has convened a number of times subsequent 

to this date and by its failure to clarify .or amend the language 

of the subject statute, has by implication indicated its approval of the construction which had been given same. 

The Courts will ordinarily adopt and uphold a construction placed upon a statute by an executive officer or .department 

charged with its administration, If the statute is ambiguous or 

uncertain and the construction so given it Is 'reasonable. 3$ 

Tex.Jur. 236 and cases there cited. 

We believe that the language of the statute is uncertain and .that the construction given same by the Education 

Agency Is reasonable. 

You are therefore advised that landb of the Texas Agrlcultural and Mechanical College, under the facts stated, are not 

State University-owned land.withln the meaning of Section 5 of 

Article 2922~16 of Vernon's Civil Statutes. 

ColIege lands of the Agricultural and Mechanical 

College, under the facts stated are not State University-owned land within .the me a&g of Section 5 of 

Article 2922-16,of Vernon's Civil Statutes. 

Very truly yours, 

WILLWILSCB 

Attorney Gsneral of. Texas 

w 

g-$&ddzQT/ 

Leonard Passmore 

Assistant 

LPXpfrwb 
Dr.-J. W. Edgar, page 4 (WW-301) 

APPROVED: 

OPINION COMMITTEE 

Geo. P. Rlackburn, Chairman 

J. ,Mark McLaughlin 

C. K. Richards 

~~.'~rletta,.McGregor, Payne 

REVIEWED FOR TIIE'ATTORNEY GENERAL 

By: 'James N. Ludlum