Hon. Dorsey B. Hardeman, Chairman 

Finance Committee 

State Senate 

Austin, Texas 

Opinion No. C-395 

Re: Validity of an appropriation 

out of general revenue to the 

Dear Senator Hardeman: Panhandle-Plains Museum. 

Your request for an opinion reads as follows: 

"The Senate Finance Sub-committee has 

directed me to request an opinion on the 

matter of whether funds appropriated out of 

General Revenue may be used for the construction of an annex or addition to the PanhandlePlains Museum is a valid appropriation, in 

view of the College Building Fund established 

originally in 1947 and subsequently amended. 

"Your early consideration of this important question will be greatly appreciated, 

as the Committee is in the process of finalizing the Sub-committee report." 

Section 17 of Article VII of the Constitution of Texas prohibits the use of "any General Revenue funds for the acquiring or 

constructing of buildings or other permanent improvements" by 

designated institutions of higher learning. West Texas State University at Canyon is a designated institution of higher learning 

specified in Section 17 of Article VII of the Constitution of Texas. 

Therefore, your question involves whether an appropriation for the 

construction of an annex or addition to the Panhandle-Plains Museum 

constitutes an appropriation to a designated institution of higher 

learning for the acquiring or constructing of buildings or other 

permanent improvements. 

The General Appropriation Act of the 42nd Legislature for 

the biennium ending August 31, 1933, contained the following item 

of appropriation to West Texas State Teachers College, Canyon 

-1860- 
Hon. Dorsey B. Hardernan, page 2 (C-395) 

(now West Texas State University at Canyon): 

"For one unit of library and museum 

building provided, however, this 

appropriation will be available 

only in the event the sum of 

$25,OOO.OO is raised by private 

subscription and deposited with 

the Board of Control for the purpose of supplementing this fund, 

and to be paid out on order of 

the Board of Control.................... 25,OOO.OO~ 

Pursuant to the conditions contained in the above-quoted 

item of appropriation, The Panhandle-Plains Historical Society 

raised by popular subscription $25,OOO.OO and deposited said sum 

with the Board of Control of the State of Texas, and on August 8, 

1932, entered into an agreement with the State of Texas whereby 

there would be constructed the building in question. 

Paragraphs I and II of the agreement read as follows: 

"I 

Title and ownership of the building so to be 

constructed shall forever remain in the State of 

Texas. 

"II 

The use and occupancy of the building shall 

be made by The Panhandle-Plains Historical Society, subject to the reasonable rules and regulations as may be hereafter promulgated by the 

Board of Regents of the State Teachers Colleges 

of the State of Texas or any other administrative 

board acting for or on behalf of the State of 

Texas as may succeed to or hereafter exercise like 

administrative functions or similar thereto as is 

now being exercised by the Board of Regents of the 

Teachers Colleges of the State of Texas, in accordance with law, such regulations always to safeguard 

unto The Panhandle-Plains Historical Society the 

reasonable use and occupancy of said building for 

the purpose of housing its collection as it now exists and as hereafter augmented and for the purpose 

of carrying the activities of The Panhandle-Plains 

Historical Society in conformity to and in consonance 

with its chartered purposes." 

-1861- 
Hon. Dorsey B. Hardeman, page 3.(C-395) 

The current General Appropriation Act contains the following appropriation: 

"PANHANDLE-PLAINS HISTORICAL MUSEUM 

(Administered by West Texas State University) 

For the Years Ending 

August 31, 

1964 

August 31, 

1965 

General Operating Expenses, 

Including Salaries and 

Wages $ 

For the construction of a 

memorial Museum Building, 

the purchase of display 

cases and other equipment 

and materials in connection 

with the construction and 

completion of such building; 

providing that none of the 

funds appropriated in Item 

2 shall be used for repairs 

or rehabilitation of present 

structures 

40,000 $ 40,000 

10,000 

25,000 & U.B. 

Total, Panhandle-Plains I 

Hlstorlcal Museum 8 65,000 50,000" 

,, 

In view of the foregoing, it is our opinion that the 

Panhandle-Plains Museum constitutes an entity separate and apart 

from the West Texas State University at Canyon. The title and 

ownership of the property is in the State of Texas. The Board of 

Regents of the State Teachers Colleges of the State of Texas acts 

merely as an administrative agent of the Museum for the State of 

Texas and the Legislature has so treated the Museum since its inception. It is therefore our opinion that Section 17 of Article 

VII of the Constitution of Texas does not apply to appropriations 

made to the "Panhandle-Plains Museum." You are therefore advised 

that an appropriation to the Panhandle-Plains Museum out of General 

Revenue, for the construction of an annex or addition to the 

Panhandle-Plains Museum building, would be a valid approp~riati~on. 

SUMMARY 

The Panhandle-Plains Museum constitutes 

an entity separate and apart from West Texas 

-1862- 
Hon. Dorsey B. Hardeman, page 4 (C-395) 

State University at Canyon, and an appropriation 

to the Panhandle-Plains Museum out of the General 

Revenue Fund for the construction of an annex or 

addition to the Panhandle-Plains Museum building 

would be a valid appropriation, since Section 17 

of Article VII of the Constitution of Texas is not 

,1 applicable to such appropriation. 

Yours very truly, 

WAGGONER CARR 

Attorney General 

By/$ /%% 

John Reeves 

Assistant 

JR:ms 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

~J.: C. Davis 

Roy B. Johnson 

Carlos Vela 

~k,~Milton Richardson 

Linward Shivers 

APPROVED FOR THE ATTORNEY GENERAL 

By: 

,' 

Stanton Stone 

-1863-