AA MATTOX 

Attorney General 

Supreme Court Bullding 

‘. 0. aor 12S4S 

hJllh lx. 78711. 2548 

~12f4752SOl 

Telex 91ols74.13a7 

-eImmier 51214750268 

714 Jackson. Suite 700 

‘hllrs. TX. 75202.4506 

21417424944 

4824 Albarts Ave.. Suite 160 

El Piso. TX. 7SSo527S3 

91Y53334s4 

Texas. Suite 700 

“ouslon. TX. 77002-3111 

71312215888 

806 Broadway. Suits 312 

Lubbock. TX. 7Wl-3479 

8061747-5238 

4309 N. Tenth. Suite S 

McAllm. TX. 78501-1885 

512!682.45(7 

2M) Main Plaza. Suite 400 

5.” Antonio. TX. 782052797 

512l225.44191 

An Equal OppOrtunItYI 

Affirmalive Action EmplOYOr 

The Attorney General of Texas 

December 13, 1984 

l4r. Ed D. Roach 

President 

West Texas State University 

Canyon, Texas 79016 

Opinion No. JM-242 

Re: Whether West Texas State 

University may convey certain 

land to a hospital district 

Dear President Roach: 

You advise that, pursuant to chapter 174. Acts of the Sixty-third 

Legislature, the Icard of Regents of West Texas State University 

conveyed an easemeIbt: to South Randall County Hospital District on 12 

acres of land to he used for the construction of a hospital. The 

board of regents rltcained the fee title and coaveyed to the hospital 

district an easemellt: for 50 years or until such time before 50 years 

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 and benefit 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:ld for under a contract between the university and 

the hospital out 01: health services fees paid by the students. 

You ask whett:er the Board of Regents of West Texas State 

University may cotlvey the same acreages to the South Randall County 

Hospital District Mth a fee title that is subject to reversion to the 

state for the use and benefit 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 to be use’i for hospital purposes. 

The disposition of state-owned land is a matter 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. See Lorino 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. 1089 
Mr. Ed D. Roach - Page 2 (a-242) 

- . 

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 

Supreme Court 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, by conveyance, 

will. or otherwise. and hold or dispose of the 

same or apply it to any purpose, public or 

private, as it see13 fit. The power 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 may be deemed klvisable by the board of regents. . . .‘I 

Acts 1973, 63rd Leg., ch. 174, 91, at 396. Section 2 of 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 a hospital and related 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 1 shall revert to the State 

of Texas for the use and benefit of West Texas 

State University. 

Id. 52, at 397. 

- 

You also 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. 

By the conveyance of the property to the public purpose of msintaining 

hospital facilities, we belic:ve that the legislature impliedly voiced 

its intention that the conveyance of the property serve as a benefit 

to public welfare. 

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

The board 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 and promotes 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 

term of the easement an agr’eement by the hospital district to continue 

furnishing health care sexvices to students for then duration 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 

comply with 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 

TOM GREEN 

First Assistant Attorney Caneral 

DAVID R. RICHARDS 

Executive Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committ 20 

Prepared by Nancy Sutton 

Assistant Attorney General 

p. 1091 
Mr. Cd D. Roach - PsP,e 4 (RI-242) 

APPROVED: 

OPINION COMIITTEE 

Rick Gilpin. Chairman 

Colin Carl 

Susan Garrison 

-Tony Guillory 

Jim Moellfnger 

Jennifer Riggs 

Nancy Sutton 

p. 1092 r