Hon. Gibb Gilchrist,President

Agricultural& Mechanical College ofTexas College Station,Texas This Opinion Overrules Opinion ,#o-6017 & o-5918 in so far as they conflict

Dear Sir: OpinionNo. O-6903 Re: Authority of Board of A. & M. College to purchase additional land for state experimental substation under facts submitted

Your request for opinionhas been received and carefully consideredby this department. We quote from your request as follows:

"Yesterday I handed to you an Abstract of title and a suggestedForm of Transfer of 

### 165.81acres of landwhich we have arranged to purchase adjoining the property already owned by SubstationNo. 

### 7 near Spur, Dickens County,Texas. With this I am attaching a certified copy of the action of
our Board of Directors dated July 

### 28 authorizingthe purchase.
"Payment for this land is to be made from the sales funds accruing from the sales from SubstationNo. 7 Which we seek to enlarge. These funds are now deposited in a local bank and. subject to payment by~the Comptroller of this College upon proper authorization.

"Purchases of additional land for the substationhave been made under the provisions of Articles 136 and 139, Revised Civil Statutes and have been made ,overthe past 20 years under authorization of these laws and the opinion of the Attorney General datedMay 23, 1925, Question 1.
'Willyou kindly examine the Abstract and Transfer and if found satisfactory,giveus your opinion thereon in accordancewith the minute of the Board of Directorsauthorizing this purchase."

We quote from t,he Minute you enclosed as follows:

"MINUTENo. 

### 148 - 

### 45Hon. Gibb Gilchrist - Page 2 (0-6903)

"TheTexas Agricultural Experiment Station is hereby authorized to purchase through the Spur Substation Sales Fund approximately 

### 165acres of land comprisingall the Northeast Quarter (NE l/k) of H. & G.N.Railway Company SurveyNo. 247, Block No. 1, situated In Dickens County, Texas, and adjoining the lands of SubstationNo. 

### 7, subject to the following conditions:

"1. That the purchasebe approved by the Attorney General of Texas;

"2. That the land be appraisedby at least two disinterestedqualifiedappraisers;


### “3. That the land be surveyedby the County surveyor or by a qualified licensed surveyor.


### “4. That the title be approvedby the Attorney General; and


### “5. That the purchaseprice be not in excess of $50.00 per acre, based on the actual number of acres, plus the cost of abstract and surveying.'I
Articles 136, 137, 

### 138and 139,Vernon's Annotated Texas Civil Statutes, read as follows:

"Article 

### 136. Purposes
"There shallbe establishedat suchplaces in this State as the board hereinafternamed may deemproper, experiment stations for the purpose of making experiments and conducting investigationsin the planting and growing of agriculturaland horticulturalcrops and 80118, and the breeding, feeding and fattening of livestock for slaughter. Proceeds from the sale,barter or exchange of crops raised on any of said experiment stations shall go to defray the expenses of operatingthe same.

"Art. 137. Main station

"The experiment station located at the Agricultural and Mechanical College in Brazes Countywhich is inpart supportedby the Federal Government shall remain at said point as a permanent institution. It shallbe known as the Main State Experiment Station, and shallbe under the supervisionof the Board of Directors of such college. Such Board shall have the authority to accept from the Federal Government such aid in its support as may bei

. ,- .- -

Hon. Gibb Gilchrist - Page 

### 3 (0-6903)

providedby Congress. All other experiment stations of whatever character,now or which may hereafterbe establishedunder the authority of this subdivlsion shallbe considered sub-(ltatioqs.

"Art. 

### 138. SupervisingBoard

"TheBoard of Directors of such college is vested with the authority, duties, and powers conferredby this subdivision upon saidBoard, and shall exercise a general supervision and direction over all sub-experimentstationsestablished hereunder.

"Art. 

### 139. Powers of Board.

"TheBoard shallhave power:
"1. To establish sub-experimentstationsat suchplaces in this State as it shall deem proper, in addition to those
now in operation.

"2. To abandon or discontinueany sub-stationwhich may become undesirable for experimentpurposes, and if deemed necessary to establish others in their stead at such other places in the same county as it shall deem advisable.


### "3. To sell any land or other Stateproperty used in the operation of an experiment stationwhen so abandoned, and to apply the proceeds of such sale in the purchase of other land and property for the establishment of experiment stations. (Act6 1st C. S. 

### 1913,p- 98)".

We quote from H. B. 

### 173,Acts of the 49th Legislature of Texas, 

### 1945 (Currentappropriationact for A. & M. College and other state educational institutions)as follows:

1,

. . .For the purpose of paying the expenses incurred for administeringthe Pure Feed Laws in accordancewith the provisions of Articles Nos. 

### 3872-3881, inclusive,of the Revised Civil Statutes of Texas, 1925, and amendments thereto, there is hereby appropriatedto the experiment stations of the Agricultural and Mechanical College of Texas out of the receipts accrued to the credit of the Pure Feed Fund for each of the fiscal years endingAugust 

### 31,1946,and August 

### 31, 1947, such amounts thereof as shallbe necessary for the efficientadministrationand operationof saidPure Feed
LaWS. The unexpendedbalance in said Fund may be used for any of the purposes herein appropriated for the Agricultural and Mechanical College, or for the purposes of CondUctingHon. Gibb Gilchrist - Page 4 

### (0-6903)

experimentswith feeds by the Texas AgriculturalExperiment Station and for such otherpurposes as the Board of Directors of the Agricultural and Mechanical College of Texas may deem advisable,provided that any salariespaid or supplemented therefrom shall not exceed those paid for the same or similar services in the Main College." (Underscoringours)

The Pure Feed Fund is a special fund in irhich there are deposited the tag and certificationfees collectedby A. & M. College on all feeding stuffused or sold in this State. The fees are paid to the Director of the Texas AgriculturalExperiment Station at A. & M. and by him deposited in the State Treasury. Article 

### 3875,V. A. C. S., provides in part as follows:

II

. s 0 So much of the inspectiontax and penalties collected under this title shallbe paid by the StateTreasurer to the treasurer of the Texas Agriculturaland Mechanical College as the director of the Texas AgriculturalExperiment Stationmay showby his bills has been expended in performing the duties requiredby this title, but in no case to exceed the amount of the inspectiontax and penalties received by the State Treasurer under this title. Id. Sec. 

### 5”

We quote from the Opinion of the Attorney General ofTexas, dated May 23, 1925,Vol. 273, p- 300, Letter opinions of the Attorney General of Texas, referred to in your letter as follows: "Questions.

"1. 'Underthe law are the directors of the experimental stationsof the A. & M. College authorized to buy additional landswithout the consent of the Legislature for the purpose of en experimental station?'

“2. 'Ifthey have such authority, then are they authorized to use funds accruing from other experimental stations and divert the same to the purc'hase of lands for one particular experimental station??

"Answers. "Answeringyour first questionyou are advised that by the Acts of the First Called Session 1921,page 14,8, the powers originallyheld by the governingboard of experimental substationswere transferred to the Board of Directors of the Agricultural and Mechanical College. The provision of aaidAct which was intendedas a substitution for Articles 14~ and 14pp and lkq of the Texas Complete Statutes of 1920, is in the following language:..

Hon. Gibb Gilchrist - Page 

### 5 (o-6903)

"'TheBoard of Directors of such collegeare vested with the authority, duties and powers conferredby this subdivieionupon said Board and they shall exercise a general eupervisionand direction over all experiment stations eetablishedhereunder.'

"'The Board shall have power, first, to establish experiment stationsat such place6 in this State as it shall deem proper in addition to those now in operation.'

"From the above it will be observed that the Board of Directors of the Agricultural and Mechanical College has the power to establish experiment stationsand it would seem that such a power carrieswith it by necessary implicationthe power to acquire through purchase all lands which in the judgment of said Board may be deemed necessary to the perfect and complete establiehment of said experimental stations and in event said Board should determineat any time after the experimental stationhas been located that additionalacreage to be used in connectionwith said substation is needed for the purpose of completelyestablishing said substationsand is required in the operation thereof,we see no reason why the Board would not have the power to make the purchase of said additional acreage. Therefore, answering your first questionyou are advised that the Board of Directors of the Agricultural and Mechanical College has the power and authority to acquire through purchase from the owner the two additional sections of land mentioned." "Consideringthe second questionabove, you are advised that it seemsArticle 148swhich provides that the proceeds from the sale,barter or exchange of crops raised
on any experimental station shall go to defray the expenses of operatingthe same, refers only to the particular experimental stations raising such crops and said provisionprohibits the use of suchproceeds to defray the expenses of operating any other station and said proceeds cannotbe diverted to defray the expenses of operating another station. If the proceeds from the sale,barter, or exchange of crops raised on any one of said experiment stations shouldbe available for the benefit of another station, the same could be used only to defray the expenses of operationand could not be used for the purpose of establishinga substationor couldnot be used for the purpose of purchasing additional acreage for one of the substationsfor the reason that purchase money for additional acreage cannotbe consideredzpenses of operation. Therefore, the Directors of the Agricultural and Mechanical College do not have the authorityHon. Gibb Gilchrist - Page 

### 6 (0-6903)

to use the proceeds or funds accruing from crops on other experimental stationsand divert the same to purchase lands for another experimental station. (Underscoringours) "Having answered your first question in the affirmative,
we deem it necessary, however, to add that the power and authority of said Board to make such a purchase cannotbe exercised until funds are available for that purpose through
an appropriationby the Legislature." OpinionNo. O-3100 of this departmentholds that the statutes authorizing the Department of Public Safety ofTexas to installand operate a police radio broadcasting station are broad enough to authorize the purchase of land upon which to establishthe station. We quote from said opinion as follows:

"The statutesabove quoted authorize the installation and operation of a police radiobroadcasting system for the purpose of preventing crime, detectingand apprehending law violators, and for the directing of the activities and functions of the law enforcement agencies of the State, the counties and the municipalities. Thus, the Department of Public Safety couldpurchase suitable land on which to installand operate said radio station as a part of said authorized broadcasting systemwith moneys appropriated for the installation and equipment of such a system; first, if appropriations of the departmentare broad enough to cover such a purchase; and second, if such a purchase couldbe designated
a necessary and incidentalexpense in carrying out the power granted to the departmentto install such a system.

"We think such a purchase is authorizedby the General Appropriation Bill for the two-year period endingAugust 31, 1943, known a.8Senate Bill NO. 

### 423,p* 1231, 47th Leg. 1941, wherein it provides for an annual appropriation for the department of Public Safety,Main Division, designatedas Item 106, as follows:

"'106. Postage, supplies, arms,wire communication, radio equipment, radio supplies,printing and contingentexpenses; hospitalizationand medical serviceswhen injured in line of duty, funeral expenseswhen death results from injuries received in line of duty; suretybonds, books, all necessary expenses of operating a police training school at Camp Mabry for trainingpeace offi.cers generallyand members of this department,and any other necessary departmentalexpenses, including equipment. 0

. 0 0 s D

. 0 0 $55,9500000'

"We have underscoredthe words 'anyother necessary departmental expenses.' Under the emergency circumstancesHon. Gibb Gilchrist - Page 7 

### (O-6903)

quoted in your letter the purchase of suitable lend appears to be necessary and incidentalto the eatablishrnent of an efficientbroadcasting system; suitable land in this respect might possibly be regarded a6 part of the necessary radio equipment,and the expense for obtaining mxuemay be properly regarded &a one of these neceseary departmentalexpen8e8 provided for in the above quoted item 

### 106.

"In the case of Herring v. HoustonNational Exchange Bank, 

### 269 S. W. 

### 1031,wherein there was a purchaseby the Texas Prison Commission,without the approval of the Legislature, of a mill and site,part of the considerationbeing land on which the mill was situated, itwas held and approved by the Texas Supreme Court that there was no violation of V.A.C.S. Supp. 1922, Art. 

### 6184,forbiddingthe purchase of 'land'for the prison system of Texas, without the Legislature'sapproval, the purchase of the land being only incidentalto the purpose of establishinga mill and factory for the said system a8 authorizedby law.

"In the quotedHerring case, the Supreme Court of Texas, in the face of an existing statutewhich forbade the purchase of land by the Texas Prison Commission,unless approval of the Legislaturewa8 first secured, looked upon the forbidden purchase of laud as incidentalto the authority grantedto the Commissionto establish a mill and factory and upheld the act of the Commission. There exists no similar statute which would limit the land purchasingpower of the Department of Public Safety. It appears, therefore, that the proposed purchase of suitable land for the erection of an authorized radio stationby the Department of Public Safety under said.

circumstancesmay with greater certaintybe determined as necessary and incidentalto the power given it to installand operate such a station.

"In the ca8e of Terrill v. Sparks, 104 Tex. 191, 135 S. W. 519, the Supreme Court of Texas, in discussingan official's authorityunder an appropriationbill, quoted from Sutherland on Statutory Construction,a6 follows:

"Whenever a power is givenby statute,everything necessary to make it effectual or requisite to attain the end is implied. It is a well-established principle that statutes containinggrants of power are to be construed so as to includethe authority to do all things necessary to accomplish the object of the grant. The grant of an express power carries with it by necessary implicationevery otherpower necessary and proper to the execution of the power expressly granted. Where the law commands anythingHon. Gibb Gilcbrist - Page 

### 8 (0-6903)

to be done, it authorized the perfomnance of whatever may be necessary for executing its commands.'
"Furthermore, it is a well known fact, that broadcasting stations canuotbe located on any sort of land. Quoting from your letter: 'Forefficienttransmission of messages by radio, it is necessary that the aerial and ground system be erected on certain types of soil. D

. .I It is only reasonable to impute that the Legislaturewas sufficiently informsd in these matters when it created the power in the Department of Public Safety to installand operate a radio station, and provided appropriationsto installand operate same. In view of the fact that the Legislature did not attempt to specifywhere the station shouldbe located and did not confine it to any particular ground,the Department of Public Safetywas authorizednecessarilyto ascertain for itself suitable land for suchpurposes and to pay for samewi.th appropriationsgranted it.

"Under the emergency circumstancesof the case and in the light of the statutes authorizingthe establishmentof a police radio broadcasting system, it 18 our opinion that the purchase of suitable land on which to erect a radio station for the Department of Public Safety Is necessary and incidental to the purposes of preventing crime, detectingand apprehending law violators, and for proper enforcement of the powers of your department, that the same is authorized, and the money appropriated in Item 

### 106of the Department of Public Safety appropriation (SenateBill k23? p0 1231, 47th Leg. 1941) may be used for the purchase of said suitable land."
Also, to the same effect see OpinionNo. 

### o-6579of this department.

We enclose herewith copies of OpinionsNos. O-3100 and 0-6579 for your information.

Section 44 of Article III of the Texas Constitutionprovides:

"The Legislature

. . . shallnot

. 0 , grant,by appropriation or otherwise,any amount out of the Treasury of the State, to any individual,on a claim, real or pretended, where the same shallnot have been provided for by pre-existing law."

As shown above, the Board of Directors of A. & M. College is given the statutorypower to establish experimentand sub-experiment stations as the Board seesproper. It is our opinion that such a broad power carrieswith it by necessary implicationthe power to acquire through purchase all landswhich, in the judgment of the Board, may be deemed necessary to the establishmentof such stationsand in the eventHon. Gibb Gilchrist - Page 9 (0-6903)

the Board should determine at any time after the experimental station
or sub-station has been located that such station or sub-stationneeds additional acreage for the purpose of more perfectly and more completely establishing said station or sub-etation,we think the Board would clearlybe authorized to purchase such additional acreage for suchpurposes. We therefore hold that Articles 136 and 139,V. A. C. S., eupra, constitute sufficient "pre-existinglaw" to support appropriation6available for the purchase of the lands inquiredabout.

It is our opinion that the Board of Directors of A. & M. College is authorized to purchase the lands inquired about and pay for same from any unexpendedbalances in the Pure Feed Fund.

In your letter you stated that "payment for this land is to be made from the sales funds accruing from the sales from: Substation No. 7”. We assume that the salesyou are referringto are the sales of crops from the substation. The section of Article 136, dealingwith such crop sales is as follows: '.

11

. . .Proceeds from the sale,barter or exchange of crops raised on any of said experiment stations shall go to defray the expenses of operatingthe same."

The 1925 opinion of this department,quoted above, specif,ically held that the purchase of additional acreage for an experimental farm could not be consideredan expense of operation. We agreewith this holding and think it is sound, We therefore accordinglyhold that the Board of Directors of A. & M. College does not have authority to expend the sales funds of substation7 (acquired from sales of crops from said substation) for the purchase of the lands inquiredabout.

OpinionNos. O-5918 and 0-6017 of this departmentare hereby overruled in so far as they conflictwith this opinion.

If the Board desires to purchase the land inquiredabout from the Pure Feed Fund a new minute shouldbe entered to that, effect. If such is the Board's desire,please sendus a copy of a new minute authorizing the purchase from the Pure Feed Fund end we will then write
a separatetitle opinion on the title to said land. In the meanwhile
we will hold the abstract until we hear from you further.

APPROVED NOV 8, 1945 Very truly yours Is/ Carlo6 C. Ashley ATTORNEY GENERAL OFTFXAS FIRST ASSISTANT APPROVED By /s/ Wm. J. Fanning ATTORNEY GENERAL OPINION Wm. J. Fanning COMMITrEE Assistant BY /a/ BWB WJF:BT:IM CHAIRMAN