Merton M. Minter, M. D. opinion NO. ~-783 

Chairman, Board of Regents 

The Unlverslty of Texas Re:~ May the available University 

Austin, Texas Fund be used at any of the 

branches of the University of 

Texas other than the constltuDear Dr. Minter: tlonal branches. 

We quote as follow3 from your recent letter: 

"Chapter 129, page 219, Acts 56th Leglslature, 1959, Regular Session (codlfled as Art. 

2606~, Vernon's Civil Statutes), authorized and 

dlrected the Board of~Regent8 of The. University 

of Texas to establish a medical department or 

branch of The Unlverslty of Texas within Bexar 

County, to be known as the South Texas Medical 

School. The Act directs the Board of Regents 

to proceed with the necessary planning for the 

conduct and operation of a first class medical 

school. During this planning stage a question 

has arisen as to whether the South .Texas Medical 

School would be eligible to participate In the 

bond program authorized by Article VII, Section 

18 of the Constitution, Inasmuch as the.provislons of this section are limited to those inits 

specifically named. 

"We respectfully request your opinion on the 

following questions: 

"1. May the Available University Fund be 

used at any of the branches of The University 

of Texas other than the constitutional branches 

located by a vote of the people, namely, the Main 

Unlverslt> at Austin and the Medical Branch at 

Galveston? 
Merton M. Minter, M. D., Page 2 (Wii-783) 

"2. Nay bond funds provided for In Section 18, Article VII of the Constitution of 

Texas be utilized at any branch or component 

part of the University of Texas not included 

In Section 18 but subsequently authorized by 

statute, or should such bond funds be limited 

exclusively to those institutions which are 

enumerated by name within the. conztltutlonal 

amendment of 1956?” 

Section 18 of Article VII of the Texas Constitution, 

as amended in 1956, provides in part as follows: 

I3 

. . . for the purpose of constructing, 

equipping, or acquiring buildings or other permanent Improvements for The University of Texas 

System, Including the Main University of Texas 

at Austin, The University of Texas Medical Branch 

at Galveaton,~The Unlveraity of Texas Southweatern Medical School at Dallas, The University of 

Texas Dental Branch at Houston, Texas Western cool- 

‘lege of The University of Texas at El Paso, The 

University of Texas M. D. Anderson Hospital and 

Tmor Institute at Houston, The University of Texas 

; 

Texas School of Public Health, McDonald Observatorgl 

at Mount Locke, an&the Marine Science Institute at 

Port Aransas,. the Board of Regents of The University 

of Texas is hereby authorized to Issue negotiable 

bonds and notes not to exceed a total amount of twothirds (2/3) of twenty per cent (2%) of the value 

cf the Permanent University Fund exclusive of real 

estate at the time of any issuance thereof; provided, however, no building 01‘ other permanent lmprovement shall be acquired or constructed hereunder 

for use by any institution of The University of 

Texas System, except at and for the use of the general academic Institutions of said System, namely, 

the Main University and Texas Western College, without the prior approval of the Legislature or of such 

agency as may be authorized by the Legislature to 

grant such approval. Any bonds or notes issued hereunder shall be payable solely out of the Income from 

the Permanent University Fund. Bonds or note8 so 

lszued shall mature serially or otherwise not more 

than thirty (30) years from their respective dates. 
Merton M. Minter, K. D., page 3 (hW-783) 

” 

. . . The University of Texas System, and 

all of the Institutions constltutInK such system 

as hereinabove enumerated, shall not, after the 

effective date of this Amendment, receive any 

General Revenue funds for the acqulrlng or constructing of bulldInGs or other permanent improvements, except In case of fire, flood, 

storm,,or earthquake occurring at any such lnstltutlon, In wh!ch case an approprlatlon in an 

amount sufflclent to replace the uninsured loss 

so incurred may be made "3;' the Legislature out 

of General Revenue funds. (Emphas!.s ours). 

When the lnn~ua&c of a :onstItutIonsl provlslon has 

a clear and definite meaning, this mcanlnC is to be accepted 

without resorting to extrIns!c evidence. 9 Tex. Jur. 538, 

Constitutional Law, Sec. 26. 

Patently, the subject amendment authorizes the Issuance of bonds and notes for the purpose of constructing, 

equipping or acqulrlnp; buildings or other permanent Improvements for certain -chools, such bonds And notes to be payable out of and secured by income from the Permanent Unlversity Fund. Income from the investment of the Permanent Unlveralty Fund Is known and deslSnated as the Available Unlverslty Funa:. Attorney General's Opinion V-818 (1949). 

'Or+? of the categories of schools deslenated by the 

amendment as beIn elI,gIble for the above mentioned benefits 

is the "University of Texas System". Prior to the amendment 

of- 1956, this section referred to the "University of Texas' 

Instead of the %:verslty of Texas System". Any doubt 

about whether this chanSe meant to extend these bentifits to 

schools other than the Xa'.n University at.Kustln and the Kedlcal Branch at Galveston Is erased by the amendment's express 

enumeration of eight Institutions ,In addit!on to the Naln 

University at Austin and the Ncdlcal Eranch at Galveston. 

To,the extent indicated above the Available Unlverslty Fund may now be used by:schools other than the IQin 

University ate Austin and the Eiedlcal Branch at Galveston, 

Attorney General's Opinion v-818 (19);9) to the contrary notwithstanding. This op!.nIon Is accordingly to such extent 

overruled. 

Since the amendment has noth!~n: to do with the use 
Nerton N. Hinter, M..D., pace 4 (WW-783) 

of the Available' University Fund for purposes of support 

and maintenance, there Is no reason to question the validity of Attorney General's Opinion v-818 (1949) insofar 

as It holds'that the Available University Fund may not be 

used for the support'and maintenance of any Institutions 

except the three "constltutlonal branches" of the Unlverslty of Texas, namely, the Ma!.n University at Austin, +hp 

Medical Branch at Galvcst~n and the Agricultural and Mechanical College at Bryan. 

inent, 

The language nf the second paragraph of the amcndas quoted at the outset of this oplnlon, suffices to 

settle the auc.qt'on nf whcthcr the named rcb~ls are the 

dnlv Institutions which are part of the lJnlvcrsity of Texas 

System for Purposes of this amendment when It provides: 

II 

. . . The UnLvcrsity of Texas System, and 

all of the lnstItut!ons constltu;lng such System 

as herelnabovc enuxcratcd,.; . . 

The amendncnt Itself thus declares that the Institutions enumerated therein constitute all of the Utilverslty of Texas System" within the inter&&t of the 

amendment. Therefore, the bonds provided for InSectIon 

18, Article VII of the Texas Const!~tutlon, cannot be utlllzed at.any branch 01, pa;.: of the University of Texas 

which Is not nraed In the amendment. 

Hence, yaw first question 13 answered In the affIrma,tlve, as qualiflcd above, and the first part of y~our 

second In i%c ney;atIve. 

In so ruling, WC are not unmindful of the lmportante of the Swth Texas kiedlcal School. It Is a cardinal 

principle !.:: our State's Jurisprudence that constltutloncl 

provlslons may not be "bent to meet beneflcient purposes, 

however noble the deslcn may be”. 9 Tex. Jur. 427, Coxxtitutional LRU, Sec. 10. Th!? Dcpnrtmcnt ls not authorized 

to write a IXW provIsIr?n into the fundamental law. Tlx 

change, If i:r;y :s to L-c El-?'cctcd, must bc nzdc: by the 

people thrt:l@ an :lI>icnd;:icnt to the TCX;IR Conotitut:o,n. 
Merton M. Minter, M. I)., oage 5 (W-783) 

General Revenue Fund for acqulrlng or constructing of 

buildings or other permanent lmprgvements at the South 

Texas Medical School. 

SUMMARY 

The Available University Fund may be pledged 

to secure and used to pay interest and prlncipal on bonds and notes issued to obtain permanent, Improvements at certain branches of the 

University of Texas In addlt:on to the Main Unlversity at Austin and the Unlverslty of Texas 

Medical Branch~ at Galveston. However, the bond 

funds provided for In Section 18, Article VII 

of the Constitution of Texas, as amended In 

1956, may not be utilized at any branch or component part of the University of Texas System 

which is not specifically named In the amendment 

of 1956. 

Yours.very truly; 

WILL w1LS.01: 

Attorney General of Texas 

By &iiasw . 

Assistant 

HGB:ms 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Grundy Willlams 

Bob Eric Shannon 

C. Dean Davis 

John Reeves 

REVIEWED FOR THE ATTORNEY GENERAL 

BY Leonard Passmore