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### HE NEY GENERAL EXAS

Hon. Ray KIrkpatrick, Chairman House Appropriations Committee slat Legislature Austin, Texas OpinionNo. V-827.
Rer Conatltutldnality of proposed H. B. 42, 51st LegI lslature,approvingootion

of Stephen F, Austin State Teachers College in exercising option to buy certain real property, and making appropriationtherefor.
Dear Mr. Kirkpatrick:

On behalf of the House AppropriationsCommittee, you have submitteda 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 MuokleroyFarm, for the developmentof the oollege departmentof forestry **and** agriculture, and making an approprlatlon

of $25,OOO.OOfor the purchase thereof. Your submittedquestion: 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 oollegesmay determlnewhat subjeoteof study shall be puraucd,but shall not change any departmentof Instruction providedby law. Subsection9 of Article 2647 provides as follows1
“Power and authority Is hereby oonferred upon said board of regents to acquire by purchase or condemnationfor the use and benefit of any of the State Teachers’Colleges, suchHon. Ray Klrkpatrlok, page 2 (V-827)

lands within the countieswhere 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 BulldingAmendment (Tex. Con&. Art. VII, Sec. 

### 17) Is created "for the purpose of acquiring,constructing and Initiallyequippingbuildingsor other permanent lmprovementsat the designatedinstitutionaof higher learning." Stephen F. Austin State Teachers College is one of the Institutions designated. The Amendment also provides that oollegeswhich partlclpateIn such fund shall not thereafterreceive any other state funds for the acquiringor aonstructing of build1

7 s or other permanent improvementsfor which said Five 

### 54) Cents ad valorem tax Is herein provided, except In case of fire, flood, storm or earthquakeoccurringat any such lnstltution.

. .'

The express purpose, clear and unambiguous, of Section 17 of Article VII Is to provide for the acquiring, conatructlng and initiallyequippingof buildings or other permanent improvements, at the designated colleges. The LegislatureIs not prealudedby its provisions from making appropriations for the purchase and acquisitionof additional land for the designated institutions,

nor Is it so premed by any other law, statutoryor 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 additionalland. In our opinion, the phrase "or other permanent imprx ments" found In Section 

### 17 may not properlybe 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." FidelityCotton Oil & FertilizerCo. v. Martin, 

### 136 S.W. 

### x13 noGee IrrigatingDitch

Reynird v. City C0. 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 recognizedas a p&t of (he land. 32 Words & Phrases, (Perm, Ed.) 113-116;Articles 7146, %%ed The term “permanentImprovements” is concisely in Pritchardv. Williams, 106 

### s,k. 144 as follows:““Permanentimprovementsi to land inolude all Improvementsof a permanentnature which substantiallyenhance the value of the property and, propertybeing a farm8 inaludes e e o dwellinghouse, 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 buildingswhich should be made by the owner in the ordinary use of the property,”
It is the acquisitionof such permanent lmprovementsas dietinguished from the acquisitionof additional land as improvedwhich, 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 suggestionof the college In order to greatly enhance its value prior to the contemplated purchase, and in order to aoquire by indireationbuildingsor other permanent improvements with funds in violationof the provlslonsof Section 17 of ArtialeVII,

We have not before us a situationwhere the college is desirous of purchasinglend 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 I**Hon.** Ray Kirkpatrick, page 4 (V-827)

House Bill No. 42, proposed by the 51st Legislature,epprovlngaction of Stephen F. Austin State Teachers College in exercising option to buy certain real property and malting an appropriation therefor, is oonstltutional. It does not violate~&&ion 17 of Artiole VII, Constltutlon of Texee. 2645, 2647, subseotlon3, 'V.C.S. Arts.
Very truly yours, ATTORREY QEMRRAL OF Tl?XAS

CBO: bh 

# &d%sfChester E. 6lllson

Assistant

FIRST ASSISTARI! ATTORNEY ORMRRAL

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