AA MATTOX Attorney General

Supreme Court Bullding

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An Equal OppOrtunItYI Affirmalive Action EmplOYOr 

# TheAttorney GeneralofTexas
December 13, 1984

l4r. EdD. Roach President WestTexas State University Canyon, Texas 79016 Opinion No.JM-242 Re: Whether West Texas State University mayconvey certain land to ahospital district DearPresident Roach:
You advise that, pursuant to chapter 174. Acts of the Sixty-third Legislature, the Icard of Regents of West Texas State University conveyed aneasemeIbt:to South Randall CountyHospital District on 12 acres of land to he used for the construction of a hospital. The board of regents rltcained the fee title andcoaveyed to the hospital district aneasemellt:for 50 **years** or until such time before 50years as the hospital facilities should be abandoned or neglected, at which time all right, tit.1.e. and interest would revert to the state for the use andbenefit of West Texas State University. You further advise that, as consideration for the grant of the easement, the hospital agreed to provide health care services to the students of the university, which enables the university to eliminate the cost of providing a health care clinic on its campus. Realth care services **for** students are p;l:ldfor under acontract between the university and the hospital out 01:health services fees paid bythe students. You ask whett:er the Board of Regents of West Texas State University maycotlvey the sameacreages to the South Randall County Hospital District Mth afee title that is subject to reversion to the state for the use andbenefit of West Texas State University if the hospital district s.baadons or neglects the hospital facilities. We conclude that the legislature has authorized the board of regents to convey such a fee! title to the land in question to the hospital district tobeuse’i for hospital purposes. Thedisposition of state-owned land is amatter over which the legislature has exclusive control and the power of an agency of the state to convey state property may be exercised only under the legislature’s authorization. SeeLorino V. Crawford Packing Co., 175 S.W.2d 410. 414 (Tex. 1943); Cxey v. Devghters of the Republic, 156 S.W. 197, 200 (Tex. 1913); Attorney General Opinions JM-149 (1984); MW-62(1979); C-2’)‘? (1964); V-878 (1949). The terms of legislative authorization for the conveyance of land must be strictly complied

p. 1089Mr.EdD. Roach- Page 2 (a-242)

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with. See State v. Easlcy, 404 S.W.Zd 296 (Tex. 1966); Wilson v. County ofcalhoun, 489 S.W.id, 393 (Tex. Civ. App. - Corpus Christ1 1972, writ ref

’d n.r.e.1; Attorney General Opinions J&14,9 (1984); **Mw-62 (1979).**  In Conlcy v,-Daughters of the Republic, the Texas SupremeCourt said that **the** legislature

has in general ’t!te same rights and powers in respect to property as an individual. It may acquire property, real or personal, byconveyance, will. or otherwise. and hold or dispose of the same or apply it to any purpose, public or private, as it see13fit. Thepower of the state in respect to its property rights is vested in the Legislature, and the Legislature alone can exercise the power mscessary to the enjoyment and protection of thoss rights, by the enactment of statutes for that purpose. . . .’ Id. at 200. - section 1, chapter 174, **Acts** of the Sixty-third Legislature. clearly authorizes the board of regents “to transfer and convey” the land in question to the hospital district “under such terms and conditions as maybe deemedklvisable by the board of regents.

. . .‘I **Acts** 1973, 63rd Leg., ch. 174, 91, **at** 396. Section 2of chapter 174 provi~des that[i]f the land described in Section 1 of this

Act is transferred to the South Randall County Rospital District, the South Randall County Hospital District shall have the right to construct ahospital andrelated facilities on the land described in Section 1. In the event the hospital faciliti~:t3 shall be abandoned or neglected, all ti1:l.e and interest in the land described in Scctic~n 1shall revert to the State of Texas for the use and benefit of West Texas State University. Id. 52, at 397. - Youalso inquire what. if any, consideration is necessary for **the** conveyance **of the**  fee title to the land. The legislature did not require a specific conslderr~tion. Chapter 174 leaves tarns and conditions of the transfer tc,the discretion of the board of regents. Bythe conveyance of **the** property to the public purpose of msintaining hospital facilities, webelic:ve that the legislature impliedly voiced its intention that the conveyance of the property serve as abenefit topublic welfare.

p. 1090Mr. EdD. Roach- Page 3 (m-242)

Theboard of regents’ conveyance of an **easement to**  the hospital district for hospital purpt~oes for a term of yearr in **return for**  **an** agreement that the hospita:l district provide health **care** services **to** students of the university ,iuring the period of the easement clearly constitutes a conveyance **for** a public purpose which benefits the university andpromotes tht!public welfare. Presumably, in conveying the fee title **to** the propwty instead of the current **easement** for a term, the parties will substitute for the present agreemot during the termof the easement anagr’eementby the hospital district to continue furnishing health care sexvices to students for thenduration of the fee title as provided by contract between the university and the hospital district. In our opinion. such a conveyance and agreement constitute adequate consideration for the transfer in question and complywith the legislatiw authorization for the conveyance. SUMMARY
Acts 1973 of the Sixty-third Legislature, chapter 174 at ‘?age 396 authorizes the Board of Regents of West Texas State University to convey certain land **to** the South Randall County Hospital District for hospltsl purposes. **A**conveyance of a fee title to the land, subject to reversion to the state If the hospital district does not maintain a hospital, and a[~ agreement that the hospital provide health care services to students comply with the legislature’s authorization for conveyance of the land.

JItl MATTOX Attorney General of Texas TOMGREEN First Assistant Attorney Caneral DAVIDR. RICHARDS Executive Assistant Attorney General RICKGILPIN Chairman, Opinion Committ20 Prepared byNancySutton Assistant Attorney General

p. 1091Mr. CdD. Roach- PsP,e4 (RI-242)

APPROVED: OPINIONCOMIITTEE Rick Gilpin. Chairman Colin Carl SusanGarrison -TonyGuillory JimMoellfnger Jennifer Riggs NancySutton

p. 1092 r