Mr. John S. Hovenga Opinion No. C- 207 

Executive Director 

Board of Regents Re: Whether the Board of 

State 'Teachers Colleges Regents of the State 

Austin, Texas Teachers Colleges have 

the authority to make 

a long term lease with 

the Federal Government 

Dear Mr. Hovenga: on state-owned property. 

Attached to your letter requesting an opinion from 

this office was a proposed 49 year lease of state-owned land 

between the State of Texas, acting by and thtiough the Board 

of Regents of the State Teachers Colleges in behalf of Stephen 

F. Austin State College, and the United States of America. With 

regard to this proposed lease you ask the following question: 

"Does the Board of Regents of the State 

Teachers Colleges have the authority to make 

a long term lease with t$e Federal Government 

on State-owned property? 

The Board of Regents, as an agency of the State, may 

make only such contracts on behalf of the State as it has been 

authorized by law to make. Fort Worth Cavalry Club v. Sheppard, 

125 Tex. 339, 83 S.W.2d 660 TIC93510 Att G 1 L tt oiion No. MS 75 (1953). The Board 0; Reg~%~yofe~~Sta~e gacieis 

Colleges is empdwef&d and ziuthopieed to:.con$truct. ahd.&quip buildings,~purcha,se supplies, and acquire land for the use and benefit 

of any state teachers college. Aptlcles 2647 and 2647b, V.C.S. 

And It is authorized to construct or acquire through funds or 

loans to be obtained from the United States Government or one Of 

its agencies or from any other source the buildings described in 

Article 2603~, Vernon's Civil Statutes, and pledge the revenues 

of said buildings to the payment of bonds or notes Issued for the 

'.constructlon or acquisition of such buildings. See also Article 

2909a, Vernon's Civil Statutes, providing for the erection and 

equipment of dormftories, cottages, and stadiums, and the pledging 

of the revenues therefrom for the payment thereof. To the extent 

that the statutes authorize, therefore, the Board of Regents may 

acquire title both to ticsal property and personalty for the use 

and benefit of the State Teachers Colleges. 

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Mr. John 5. Hovenga, page 2 (C- 207 ) 

The disposition 

which the Legl.slature has 

of State-owned land _ 

Is a matter over - . - -_ excIu*Ive control. Lorlno v. crawfora 

Packing Company, 142 Tex. 51, 175 S.W.2d 410 (19431. 34 T J 

Publi Lands, Sec. 25. There is no general law'whlche%tuh%- 

any &ate Teachers College or the Board of Regents of the 

State Teachers Colleges to dispose of State-owned land. A leasehold of more than one year has been held to be a disposition of 

real estate. Article 1588, V.C.S.; Robertson v. Scott, 141 

Tex. 374, 172 S.W.2d 478 (1943); Carrier v. McDonald, 218 S.W.2d 

257 (Tex.Civ.App., lg@), Hence9 we must h Id that no general 

authority exists. State v. Steck Co., 236 i.W.2d 866 (Tex,Civ. 

App. 1951, error re?".) 

SUMMARY 

The Board of Regents of the State Teachers 

Colleges does not have the authority to make a 

leasehold of more than one year of State-owned 

property. 

Yours very truly, 

WAGGONER CARR 

Attorney General 

1RWnsj:mk.h 

APPROVEiDg 

OPINION COMMITTEE 

By: 

Assistant 

W. V. Geppert, Chairman 

J. C. Davis 

George Gray 

H. Grady Chandler ' 

Howard Fender 

APPROVED FOR THE ATTORNEY GENERAL 

BY: Stanton Stone 

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