January 18, 1947

Eon. Reed McDonald Chief Clerk Texas Agricultural Experiment Station A&MCollege of Texas College Station, Texas Opinion Ho. V-01

Dear dir: Re: use of proceeds from sale of land ana property of anabandoned sub-experiment statfon to construct bui1dllng.s 'andother improvements in connection with the establishment of a new sub-experiment station on donated land,

Wehave carefully considered the questfon propounded in your letter to this department, dated Deeeniber 17, 1946. That question, copied verbatim from your letter, is as follows:

"If the land for the establishment of a newsub-experiment station is donated to the A&MCollege, can the proceeds from the sale of land and property that was abandoned be used to construct buildings and other lmprovements in connection with the establishment of the newstation?" It is the opinion of this department that the answer to this question should be resolved in the affirmative with certain qualifications which are herein set Ouropinion is based onArticles 139 140 and 143 G$%onfs Annotated Texas Civfl Statutes R&s& of 192!?, Section 6of Article 8 of the Constitution of Texas' Subsection 3of the General Provisions of Chapter 3?'7a2 Texas Session Laws, 1945, enacted bythe Forty-ninth Leg=- islature in Regular Session.Hon. Reed McDonald- Page 2 (V-01)

Article 139, Powers of Board, provides as follows:

“The Board shall have power:

“1. To establish sub-experiment stations at such places in this State as it shall deem proper In addition to those nowIn operation.

“2. Toabandon or discontinue any substation which maybecome undesirable for experiment purposes; andIf deemednecessary to establish others in their stead at such places in the samecounty as it shall deemadvisable. "3. Tosell anyland or other State property used in the operation of anexperiment station whenso abandoned, andto apply the pro-. ceeds of such sale in the purchase of other land and property for the establishment of experiment stations.” Thefirst object and purpose of Paragraph 3 of Article 139 is clear. TheBoard of Directors of A. &M. College is given the power to sell any land and other property of an experiment station which has been duly abandoned. It seems definite that this power of sale includes the right to sell the land, buildings and other improvements andwhatever equipment that was used in the operation of the abandoned station.

The second object of that paragraph, webelieve, is to give the BoaEd:he power to use the proceeds from such sale for the gs ab Jo.&& of other experimental stations. The phrase “to purchase land andproperty”wodd seemto be merely descriptive anddirective of the manner in which the proceeds for the establishment of experiment stations would be used. Wedonot believe the Legislature intended to limit the use of the proceeds solely for the e in the establishment of an experiment station. To so construe the phrase as a llaitation onthe use of the proceeds would, in effect, be giving the Board the power to sell buildings and other improvements erected onland which hadbeen used for an experiment station, but would prevent the proceeds to be used for the samepurpose in the establishment of a new station, andwould force the Board to look to other fundsHon. Reed McDonald- Page 3 (V-01)

for necessary buildings and other improvements tablishment of a newexperiment station. Such in the esa result was, in our opinion, not intended bythe Legislature. Rather they intended bythis paragraph to allow the proceeds to be used for the purchase of land andfor whatever physical equipment and improvements that might be necessary to tk&full and complete establishment of an experiment sta-

. However, Paragraph 2 of Article 139, whenread in conjunction with Paragraph 3 of the sameArticle, requires, in our opinion, the newsub-experiment station, which Is established with the proceeds from the sale of land and other property of anabandoned experiment sub-station, to be located in the samecounty of the sub-experiment station which was abandoned. That it was the intent of the Legislature that this provision be mandatory is madeclearer by a reading of the Acts 1913, S.S., in part as follows: p. 98, Section 6, which reads

120s I, .provided, however, no station shall be abando:ei andre-located beyond the bounds of the county in which such station was originally located." Article 143 reads as follows: II the location, da board uw t&a IntO consideration anare- c%i eanv doD&&D, either in money, && or othk property, to be used in the ooeratjsn -t of UY such stat%& andfor experiment work, maylease such land'as may, in its judgment be necessary for any o purposes namedin this chapter." i the (Unaerscorfng ours)

We believe this article, by Implication, authorthe establishment of anexperiment station on donated land. TheBoard under its general power of sale in Article 139would have the samepower of sale with respect to any land that is donated unconditionally andwithout limitation as it would with respect to land acquired in any other manner by the Board for experiment statfons; andnoloss can be seen by the erection of buildings and other improvements onland received as a donation to be used as an experiment station. Toprevent such proceeds from being soused would necessitate the acquisition anduse of other funds whenan

.experiment station was desired to be located or established A IHon. Reed McDonald- Page 4 (V-01)

on donated lands. Such, conceivably, could result in land, which was desired to be donated, being purchased in order to establish without an extended delay an experfment station thereon. Certainly suchwas not the intention of the Legislature. It is the opinion of this department that ft was the legislative Intent to permit such proceeds proviaedfor in Article 

### 139to be used in the establishment of experiment stations onland recefved as a donation without condition or limitation under Article 

### 143,whensuch land is located in the samecounty as was the land of the abandoned station fromwhich the proceeds were derived.

Thelast sentence of Article l&Oreads as follows: "All funds received from the sale of station lands or property shall be deposited in the State Treasury and shall be paid out in accordance with the provisfons of this chapter," Underthis statute the proceeds from the sale of land and other property of anabandoned sub-experiment station mustbe deposited in the State Treasury. In order to withdraw these funds from the Treasury for the establishment of a newsub-experiment station it fs necessary that it be done in pursuance of a legislative approprfatfon as required bythe Constitutfon of Texas,

Article 

### 8,Section 

### 6of that document provfdes In part as follows:

"NOmoneyshall be drawnfrom the Treasury, but in pursuance of speciffc approprfatfons made by law; nor shall any approprfation of moneybe madefor a longer term than twoyears, ., 0n While the last sentence of Article 140might possibly be construed as anapproprfation authority to allow the withdrawing of such funds from the State Treasury, in the face of the above constitutional provision andthe repeated holdings of the courts of this State, it could not be authority for such anappropriatfon for a period longer than twoyears from the date of the enactment of Article 140, which was 

### 1913. Weare of the opinion that authority for the wfthdrawal of such funds from the Treasury for the establishment of a newsub-experiment station is granted by Subsectfon 3 of the General provisions of Chapter 

### 377of Texas SessionHon. Reed McDonald- Page 5 (V-01)

Laws, 1945, enacted bythe Forty-ninth Legislature in Regular Session. This Chapter deals with the biennial ,appropriatlons for A. &M.College and other educational institutions for the fiscal years ending August 

### 31, 1946,andAugust 31, 1947.

Subsection 3of the General provisions of this Chapter provides as follows:

"Institutional Receipts. Noproperty belonging to any of the institutions herein provided for 5 nv sency be sold or diszostd 0: without the consent therea shall of its governing board, andall nrocee& from the sale of such nronertp, from labor performed from the sale of ma Eerials, crops andsupplies from fees, andany andall other recelpJs shall become ad are he ebg

dce OP contInseL andwith the annroval of the sovereieg board @&g hPiSaict~. Sad e:v e boards are authorized to use out of't:e uroceedg 1receipts andfseds, in accordance sali of with the provisions of this Act, such amount8 as thev shall deemnecessarv for the SUDDOfi tit enance . OD

ttu 0

eration andarovements o$ I 1 r to the credit of anv sala &&j funds at said lnstit ,tutiona1 1 gtions or in the Stat: ca& Treasurv at the end anv fiscal vear arq berebv reannronriatedOffor the above mentiogga pumoses for the succeeu vea."' (Underscoring ours) It is our opinion that experiment stations of A. BrM.College are Included in the phrase "or any agency thereof." While the powers enumerated in this sub-section 3are considerably broader than those given byArticle 139, such Article controls over the appropriation provisions; andhence the powers of the board stations are concerned, insofar as experiment ticle 139. are modified and controlled byArSuch sub-section does, however, in our opinion appropriate the funds so that they can bewithdrawn from the State Treasury for the establishment of newexperiment sub-stations.Hon. Reed McDonald- Page 

### 6 (V-01)

Proceeds from the sale of land and other property used in the operation of an experiment sub-station which has been duly abandoned must be deposited in the State Treasury, but can be withdrawn bythe Board of Directors of A. &M. College for the construction of buildings and other improvements in connection with the establishment of a newexperiment sub-station on donated land. such land donated, however, must be conveyed without anylimitation or condition andmustbe located In the samecounty as was the land of the abandoned station or stations fromwhich the proceeds for such improvements were derived. Yours very truly, APPROVED

JAN.

### 18,1947 ATTORNEY GENERAL

OFTEXAS

BY Assistant