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. **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 Universityowned 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 opinionas 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 proportionthat the area included in the above-namedclassification 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 (TexasA.~& M.)' land which is located within the boundariesof A. & M. Consolidated School Districtwhose total area is 65 squaremiles. Op the basis of .thiscertification,,the

school district is claiming .eligL bility for a 13.123 percent reduction in its 1957- 58 local fund assignment, which would approxmlate a $2c572 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, .lti-s.land .,~,owned'by

the State of Texas for the use and benefit of A. & M. College, locatedwithin the above mentioned school.p+strict.

. . .mDr. J; W. Edgar, page 2 (WW-301)

Section 13.

of ArticleVII of the Constitution of Texas makes the Agricultural and MechanicalCollege of Texas a branch of the Universityof Texas,

Section 

### L5 of Article VII of the Constitution sets apart and appropriates "for the endowment, maintenance

and support of said Universityand Its branches, one million acres of unappropriated

public domain of the state." !Lhe lands so set apart were,in addition to those theretoforeset apar,t to the University.

Although the Agricultural and MechanicalCol1ege.i~ a constitutional

branch of the Universityof Texas, the former institutionis governedby its own Board of Directors. The .Roard of Regents of the Universityof Texas i,s the governing authority for ,the

UniversitySystem and of the permanentfund of the University of Texas. The permanentfund Includesall of the lands and public domain set apart and appropriated for the Universityand Its respectivebranches. The availableUniversity Fund received from the Permanent University

Fund is divided between the Universityof Texas and the Agricultural and MechanicalCollege, the former receiving two-thirds and the latter one-third of the net fund.

Section 

### 5 of Article 2922-16provides ti substance that a school districtwhich contains "State University-owned, land* shall be entitled to a reductionin its local fund assignment "in the proportionthat 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'fora.reductionin its local fund assignmentbecause 'of

A. & M. College lands which are locatedwithin the limits of the school district. The questionbefore us Is whether such lands are "StateUniversity owned" lands within the meaning of Section S.of Article 2922-16.

We~are advised by the Universityof Texas that the foregoingcampus lands are not a part of the endowment lands of the Universityof 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 authorizedby 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 2922-16was enacted in 1949 by Acts of the 5lst Legislature. You advise in your request that the EducationDr. J. W. Edgar, page 

### 3 (WW-301)

Agency has consistently interpretedthe phrase "StateUnlversltyowned land", as used therein,as Includingonly the campus and endowment lands of the Universityof Texas which are actually under the jurisdiction and control of the Board of Regents of the University. The calculationof local fund assignments has been in accordance with such administrative construction

since 

### 1*9* The Legislature has conveneda number of times subsequent to this date and by its failure to clarify .or amend the language of the subject statute,has by implicationindicatedits approval of the construction which had been given same. The Courtswill ordinarilyadopt and uphold a construction placed upon a statute by an executiveofficer or .department chargedwith its administration, If the statute is ambiguous or uncertain and the constructionso 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 thereforeadvised that landb of the Texas Agrlculturaland MechanicalCollege,under the facts stated,are not State University-owned land.withlnthe meaning of Section 5 of Article 2922~16 of Vernon's Civil Statutes.

ColIege lands of the Agriculturaland Mechanical College,under the facts stated are not State University-ownedland 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 LPXpfrwbDr.-J. W. Edgar, page 4 (WW-301)

APPROVED: OPINIONCOMMITTEE Geo. P. Rlackburn,Chairman J. ,Mark

McLaughlin C. K. Richards ~~.'~rletta,.McGregor, Payne REVIEWED FOR TIIE'ATTORNEY GENERAL By: 'JamesN. Ludlum