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 (codlfledas 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 conductand operation of a first class medical school. During this planning stage a question has arisen as to whether the South .TexasMedical Schoolwould be eligible to participate In the bond program authorized by ArticleVII, Section 18 of the Constitution, Inasmuch as the.provislons of this section are limited to those inits specificallynamed.

"We respectfully request your opinion on the followingquestions:

"1. May the Available University Fund be used at any of the branches of The University of Texas other than the constitutionalbranches locatedby 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, ArticleVII of the Constitution of Texas be utilized at any branch or component part of the Universityof Texas not included In Section 18 but subsequentlyauthorizedby statute,or should such bond funds be limited exclusivelyto those institutionswhich are enumeratedby name within the. conztltutlonal amendment of 1956?”

Section 18 of ArticleVII of the Texas Constitution,
as amended in 1956, provides in part as follows:

I3

. . . for the purpose of constructing, equipping,or acquiring buildings or otherpermanent Improvements for The University of Texas System, Includingthe Main University of Texas at Austin,The Universityof Texas Medical Branch at Galveaton,~TheUnlveraity of Texas Southweatern Medical School at Dallas, The University of Texas Dental Branch at Houston, Texas Western cool- ‘legeof The University of Texas at El Paso,The Universityof Texas M. D. Anderson Hospitaland Tmor Instituteat Houston,The University of Texas ; Texas School of Public Health, McDonald Observatorgl at Mount Locke, an&the Marine Science Instituteat 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 UniversityFund exclusive of real estateat the time of any issuance thereof;provided,however, no building 01‘other permanent lmprovement shall be acquired or constructedhereunder for use by any institution of The Universityof 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 Legislatureto grant such approval. Any bonds or notes issuedhereunder shallbe payable solely out of the Income from the PermanentUniversity Fund. Bonds or note8 so lszued shall mature serially or otherwisenot more than thirty (30) years from their respectivedates.Merton M. Minter, K. D., page 3 (hW-783)

”

. . . The University of Texas System, and all of the InstitutionsconstltutInK such system as hereinabove enumerated,shall not, after the effectivedate of this Amendment, receive any GeneralRevenue funds for the acqulrlng or constructing of bulldInGsor other permanent improvements,except In case of fire, flood, storm,,or earthquakeoccurring at any such lnstltutlon, In wh!ch case an approprlatlon in an amount sufflclentto replace the uninsured loss
so incurredmay be made "3;' the Legislature out of GeneralRevenue funds. (Emphas!.s ours).

When the lnn~ua&cof a :onstItutIonslprovlslonhas
a clear and definitemeaning, this mcanlnC is to be accepted without resortingto extrIns!c evidence. 9 Tex. Jur. 538, ConstitutionalLaw, 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 securedby income from the PermanentUnlversity Fund. Income from the investment of the PermanentUnlveralty FundIs known and deslSnated as the Available Unlverslty Funa:.Attorney General's Opinion V-818 (1949).

'Or+? of the categoriesof schools deslenated by the amendmentas beIn elI,gIble for the above mentioned benefits is the "Universityof 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 chanSemeant 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 enumerationof eight Institutions,Inaddit!on to the Naln Universityat Austin and the Ncdlcal Eranch at Galveston.

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

Austin and the Eiedlcal Branch at Galveston, Attorney General'sOpinionv-818 (19);9) to the contrary notwithstanding. This op!.nIon Is accordingly to such extent overruled.

Since the amendmenthas noth!~n:to do with the useNerton N. Hinter,M..D., pace 4 (WW-783)

of the Available'

UniversityFund for purposes of support and maintenance, there Is no reason to question the validity of AttorneyGeneral'sOpinionv-818 (1949) insofar
as It holds'that the AvailableUniversity Fund may not be used for the support'andmaintenanceof any Institutions except the three "constltutlonalbranches" of the Unlverslty of Texas, namely, the Ma!.n University at Austin, +hp Medical Branch at Galvcst~nand the Agricultural and Mechanical College at Bryan.

inent, The languagenf 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 Institutionswhich are part of the lJnlvcrsity of Texas System for Purposesof this amendmentwhen It provides:

II

. . . The UnLvcrsityof Texas System, and all of the lnstItut!onsconstltu;lngsuch System
as herelnabovc enuxcratcd,.;

. . The amendncnt Itself thus declares that the Institutions enumeratedtherein constituteall 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 qualiflcdabove, 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 Jurisprudencethat constltutloncl provlslonsmay 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)

GeneralRevenue Fund for acqulrlng or constructing of buildings or other permanent lmprgvementsat the South Texas Medical School.

SUMMARY

The Available UniversityFund may be pledged to secure and used to pay interest and prlncipal on bonds and notes issued to obtain permanent,Improvementsat 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 utilizedat any branch or component part of the University of Texas System which is not specificallynamed In the amendment of 1956.

Yours.very truly;

WILL w1LS.01: Attorney General of Texas

By &iiasw

. Assistant

HGB:ms

APPROVED:

OPINIONCOMMITTEE W. V. Geppert, Chairman
Grundy Willlams Bob Eric Shannon C. Dean Davis John Reeves

REVIEWED FOR THE ATTORNEY GENERAL BY Leonard Passmore