OFFICE OF THE AlTORNEY GENERAL OF TEXAS 

AUSTIN 

we quote, in par 

e Texas state 

as co11eJg3 of 

-3stea to enter 

te FlyLng serrmy Air Force, to 

buildiNs belowi- to the 

been used for domitory 

tive homes for students, and 

1s for enlisted men of the 

oe enrolled or are enrolled 

TrainSng course to be trained 

"1 em enclosing a copy of a verbal proposal 

aubnitted to the Board and also a copy of a 

contract with the ZIarte Flying Service or'l?ichita, 

Ksnsas has with the Fort Hngs Kansas State Callege at the present time, or rather did !lave, 

which expired on th,e 31st day of Awust, and 

t&s school Is the school thegwant dormitories 

at Denton, Texas. 
..- 

----. 

Ronorable J. K. Brim, page #2 

'1. Can the Board of Regents lease the property belonging to the College on a basis to 

these parties which they propose to lease? 

'2. Cti the Board of Regents open this dormltorg space and teaching facllltles to other 

than for the education of white girls as pro; 

vided in the original act creating this school? 

'5. Canthe Board of Regents operate a dti 

lng hall for the men students attending and 

occupying, using the equipment and facllitisn' 

of the Colle&e as proposed In thl.e.oontract 

and receive pay for samsf” 

You enclosed with your letter of request copies of 

the verbai proposal and the contract mentioned therein. We 

will not copy these instruments In this opinion, but will. 

refer to then when need arises therefor. 

The College of Industrial. Arts was created In 12Cl 

by the Twenty-seventh Legislature (Chapter 52, House Bill 

Ho. 551 see~alao A&Isles 2624-26288, Vemonts Annotated 

Clvll Statutes.) Section lcf House Bill 35 provides that 

'an Industrial institute and college la hereby established 

for the education of wblte girla ln the arts and soiences 

99'iF"T~sup~). 

lows: 

Artiolee 2626 and 2627 provide, respeotively, as folWze board of regents shall possess~all the 

powers neoessary to the establishment and malntensnce of a first-class industrial institute 

end college for the education of wblte girls in 

this State In the arts and aoiences, at which 

suoh girls may acquire a literary education, 

together with a knonle~e of kindergarten lnstructlon, telegraphy, stenography~and photography, drawing, painlAng, designing and engraving, ln their industrial application, 
aonorabls J* KO Brim, page a.5 

needle-work, includlq dressmaking, bookkeeping, sclentlfic and practical cooking, 

Including a chemical study of food, practical housekeeping, trained nursing, caring 

for the sick, the care and culture of children, with such otl?er prastlcal industries 

as, from time to the, may be suggested by 

experience, or tend to promote the gensral 

object of said instituts and college, towit: Fitting and preparing such girls for 

the practical industries of the age. Acts 

1901, p. 306." 

V.he board oft regents shall appoint a 

president and professor of said college and 

such other officers and employees as they 

may~thlnk proper, end fix their salaries not 

to exceed the salaries paid professors in any 

one department at the Agricultural and kechanical College; and make such rules and re,tiations for the government of said officers as 

they may deem advisable. They shall re,Uate 

rates of tuition, together with course of disoipllne necessary tom enforce the faithful Cischarge of the duties of all officers, ~rof’essora 

and students; divide the course of instruction 

into ~departmenta, so as to secure a thorough 

education and the best possible Instruction in 

all of said Industrial studies, selecting careful and efficient professors In each department, 

and shall adopt all suah rules, by-laws and regulatione as they may deem necessary to carry out 

all the purposes and objects of said instltution. XCL~ 

We see that'the college was established for the education of white girls In the industrial courses named. we 

see that the board of rszents Is empowered to adopt such 

rules and regulationa "as they dsem neosssary to carry out 

all the purposes and objects of said Institution". 
Bonorabls S. IS. Brim, page #4 

you wish to know whether the board of regents may 

lease certain buildings ouned by the college to a government contractor which buildin.;s will be used by enllsted 

men of the Army Air Force for dormitory, office, and claaaroom purposes. These bulXdln-;s are across the street from 

the csxipus proper. You wish to know also whether under the 

lease oontraot the board of regent3 may make provision for 

the supplying of meals to such men In the Senior Xess iiall 

in the Home ,"conomics Building, as set out in tile verbal 

proposal. 

.t, 

We are of the opinion that no authority exist8 for 

the boar& of regents to enter into such a contract. hanifestly, such a contract uould In no uay aid in carrying out. 

the "purposes and object3 of said institution". On the other 

hand, ve think that it could be reasonsbly contended that the 

entering and execution of such a contract would be in violation of both the letter of and the spirit behind the law. 

Obviously tie college could not adnlt men students, It is 

reasonable to presume that msny parants send their dauzhtere 

to the .college for the reason t-hat it Is not a coeducational 

institution. It is a college for WxLte gLrls”. &rents may 

in the exercise of sound judgment deterJlln8 that their daughters should attend a rjirls! school. CLearly this was one of 

the reasons for llmitinc the enrollment to girl students. The 

use of tile buildings and fnclllties of tbe college by the enlisted men would certainly accomplish many of the same results 

should male students as such be admitted to the college. Can 

the board of rezsnts by contract do Indirectly what it cannot 

do directly? Kir'e think not. 

exists for such action; 

Ve do not believe that authority 

It follows that the board of regents 

nay not enter into such lease agreements. Fort Korth Cavalry 

Club V. Sheppard, 125 Tex. 339, S3 S, W. (2d) 660. 

It may be contended that Article 262Sa pe-rmlts the 

board to enter auoh contracts. This article aul;llorizes the 

cc3structlon and equipment of dormitories or otter improvements, to Issue obllyatlons in payment thereof, and pledge 

Honorable J. X. Brim, page #6 

Vhe exact amount of this charge for room 

and board will have to be determined on the 

bash of actual cost to the school to include 

any overhead tfiat might be attendant to furnlsblny these nervlces”. 

It could hardly be contended that such charges are 

to be made to obtain funds to pay either for improvonsnts 

or on obligations Issued therefor. 

. . 

Another possible contention is that such a lcase 

contract is authorieed under the terms of Articles 2625 and 

2585a, Vernon’s Annotated Civil Statutes. Among other things, 

Article 2625 provides as follows: 

n * * +f The SOard of Regents shall have the 

power incident to their position and to the 

same extent, so far ris x be anvlicable and 

shall i%ceive-TiKcE&n3a?Xon es is conferred .bg law on the resents of the State 

~Unlversi,ty; 3f 9 4. (kmphasls eupplied). 

Article 2585a reads as follower 

OThe Board of Rezenta’ of the University of 

Texas is directed to request the Kar and Navy 

Departments of the United States of America 

to establish and maintain courses of military 

and naval trainin;, qualifying men student 

graduates of such courses for r=rve commisaion ai7ard3, as a part of its curriculum. The 

Board of I!egents is authorized to enter into 

mutually agr,eeable contracts for such >urpooes. 

‘The work of tne students enrolling in such 

ccmrses~ may be creaited toward degree rcquirements odor such regulations as the Board of 

Regents may presoribe. 
I . 

_ --. 

. . 

El3 

; i 

1 

Eonorable J. K. Brim, pm #7 

f 

f 'No etuaent of thB university shall ever ., 

be required to take any portion of such tralning as a condition for ontrmoe into ths mi1 vsrslty or graduation IL-i-erefram. Acts 1941, 

i 

47th Leg., p. 479, oh. 302, Sec. 1)". @aphasie supplied). 

?' 

s 

a 

you sill notice that under'that part of Article~2626, 

i 

above quoted, 

pllcable." 

the powe?? is granted only l'so far as nay be ap- 

'#!e do not bslieve that Article 2X5a is agplicable 

to tho Fexae State College for Women. 

a . . 

f 

In the first plaaa, the article is ap>,licablo only to 

men students. The work c$ such students rmy be orodited to1 uard degree requiremnts. 

reads, in part -"The fact 

The Ol?l0r,~:oilCy CkiUSO Of th8 statUtb$ 

i that every collc~o xm should be 

Itaught the noaning of diccZpline, the power ofnfidnnoe, the 

value of self-control, * s"r 8 " (exiphasisupplied). Obviously, 

i 

tbie statute aamot be comtrued to apply to the Texas State 

College for :‘Somon because oL cthe fact that it does not have, 

1 

rtoy can it have, under t?m lax, nsi, otudonts. %ving reached 

tL?e conclusion that Article 25%a is not by its provislo~ applicable to your colleso, we do not have to dotemIne whether 

I 

r 

the article is expressl.y llnlted to the State University by 

the words, "Tha j3oard of Regents of the UnZversit~ of Ci'exas 

+ 0 )c w. (Wphasis supplied). -.- 

-- 

In vion k the forogolng, you are respectfully advised 

that your questions 1, 2 and 3 are answered in the negative. 

. . . .- .I*