. - 

J 

HE NEY GENERAL 

EXAS 

Hon. Ray KIrkpatrick, Chairman 

House Appropriations Committee 

slat Legislature 

Austin, Texas Opinion No. V-827. 

Rer Conatltutldnality of proposed H. B. 42, 51st LegI lslature, approving ootion 

of Stephen F, Austin State 

Teachers College in exercising option to buy certain real property, and 

making appropriation therefor. 

Dear Mr. Kirkpatrick: 

On behalf of the House Appropriations Committee, you have submitted a copy of proposed House Bill 

Ho. 42, an Act approving the action of the governing 

board of Stephen F. Austin State Teaohers College in exercising its option to buy certain real property, known 

as the Muokleroy Farm, for the development of the oollege department of forestry and agriculture, and making 

an approprlatlon of $25,OOO.OO for the purchase thereof. 

Your submitted question: Is said bill constltutional? 

Article 2645, V.C.S., requires that ‘agrlculture shall be taught in each of the State Teachers’ 

CoJleges.” Under subsection3 of Article 2647, the governing board of teachers oolleges may determlne what 

subjeote of study shall be puraucd, but shall not change 

any department of Instruction provided by law. 

Subsection 9 of Article 2647 provides as follows 1 

“Power and authority Is hereby oonferred 

upon said board of regents to acquire by purchase or condemnation for the use and benefit 

of any of the State Teachers’ Colleges, such 
Hon. Ray Klrkpatrlok, page 2 (V-827) 

lands within the counties where suoh schools 

may be located, aa said board may deem expedient for the use of any of said schools for 

purposes necessary In the conduct thereof." 

The speolal fund established by the College 

Bullding Amendment (Tex. Con&. Art. VII, Sec. 17) Is 

created "for the purpose of acquiring, constructing and 

Initially equipping buildings or other permanent lmprovements at the designated institutiona of higher 

learning." Stephen F. Austin State Teachers College is 

one of the Institutions designated. The Amendment also 

provides that oolleges which partlclpate In such fund 

shall not thereafter receive any other state funds for 

the acquiring or aonstructing of build1 

7 

s or other permanent improvements for which said Five 54) Cents ad 

valorem tax Is herein provided, except In case of fire, 

flood, storm or earthquake occurring at any such lnstltution. . .' 

The express purpose, clear and unambiguous, 

of Section 17 of Article VII Is to provide for the acquiring, conatructlng and initially equipping of buildings or other permanent improvements, at the designated colleges. The Legislature Is not prealuded by its 

provisions from making appropriations for the purchase 

and acquisition of additional land for the designated 

institutions, nor Is it so premed by any other law, 

statutory or oonstltutional, of whlah we are apprised. 

The Amendment spealflcally prohibits appropriations of 

other State funds for the purposes covered therein. 

It does not prohibit appropriations for additional land. 

In our opinion, the phrase "or other permanent imprx 

ments" found In Section 17 may not properly be construed 

to mean or lnolude land; such a construction would be 

strained and unwarranted, violative of accepted rules of 

construction. 

"Land" ln the usual and legal sense la not 

treated as an improvement. Land 'Iegally includes all . 

. . houaes. and other bulldlnns. for thes consist of two 

things--l&d, whioh is the fo&hatlon, aiid the structure 

thereupon." Fidelity Cotton Oil & Fertilizer Co. v. Martin, 136 S.W. x13 n oGee Irrigating Ditch 

Reynird v. City 

C 0. v. 

ri3.W. 967; 

Hudson, 

of Caldwell +2 P 28 292 

296; 24 Words & Phrases, (Pera. Ed.) 13$1140. 'See alA0 

Articles 7146, 7319, V.C.S. 
Han, Ray Rlrlcpatriok, page 3 (V-827) 

Land, however, may be Improved and enhanced 

In value by the addition of buildings, struatures, fencand other like improvements of a permanent aharact”% affixed or situated on the soil which when they 

are’added,‘will be recognized as a p&t of (he land. 32 

Words & Phrases, (Perm, Ed.) 113-116; Articles 7146, 

%%ed 

The term “permanent Improvements” is concisely 

in Pritchard v. Williams, 106 s,k. 144 as follows : 

““Permanent improvementsi to land inolude all 

Improvements of a permanent nature which substantially enhance the value of the property 

and, property being a farm8 inaludes e e o 

dwelling house, barna, and stables, ., . fencing . Q a wells . e L( orahards e . o provided 

that they enhanae the value of the propertyr 

but do not inalude repafrs to buildings which 

should be made by the owner in the ordinary 

use of the property,” 

It is the acquisition of such permanent lmprovements as dietinguished from the acquisition of 

additional land as improved which, we think, is contemplated in the Amendment, Section 17 of Article VXr. 

We are not advised, nor have we aasumed, that 

there hove been buildings or other permanent improvements placed or erected on said land by the owner at 

the suggestion of the college In order to greatly enhance its value prior to the contemplated purchase, and 

in order to aoquire by indireation buildings or other 

permanent improvements with funds in violation of the 

provlslons of Section 17 of Artiale VII, 

We have not before us a situation where the 

college is desirous of purchasing lend on which to 

build one of the buildings or other permanent improvements mentioned in the Constitution, That matter may 

be disposed of when it arises. We are assuming that 

the land in question is of a different character, 

Accordingly, we advise that House RI11 Wo. 42 

is oonstitutlonal. 
5 

IHon. Ray Kirkpatrick, page 4 (V-827) 

House Bill No. 42, proposed by the 51st 

Legislature, epprovlng action of Stephen F. 

Austin State Teachers College in exercising 

option to buy certain real property and malting an appropriation therefor, is oonstltut ional. It does not violate ~&&ion 17 of 

Artiole VII, Constltutlon of Texee. 

2645, 2647, subseotlon 3, 'V.C.S. 

Arts. 

Very truly yours, 

ATTORREY QEMRRAL OF Tl?XAS 

CBO: bh 

&d%sfChester E. 6lllson 

Assistant 

FIRST ASSISTARI! 

ATTORNEY ORMRRAL 

,..