TEEA~ORNEY GENERAL 

OF-TEXAS 

Honorable O,J.Z, Elllngson 

General Manager' 

Texas ~Prison System 

Huntsville, Texas 

Dear Sir: Opinion~No. O-2356 

Re: Authority of the Texas Prison 

Board to-convey a pipe line 

easement across one of the prison farms under Its jurisdiction. 

in you 

itg of 

We are In receipt of your letter of May 11, 1940, whererequest the opinion of this Department as to the authorthe Texas Prison Board to permit the construction of a 

pipe line across the Clemens State Farm in Brazoria County. 

We quote from your letter as follows: 

"The Latex Construction Company, General 

Contractors, Houston, Texas, are seeking right 

of way easements for a pipe line they propose 

to build for the Dow Chemical Co. between Bay 

City and Freeport, Texas. 

"The route of this line will cross property of the Texas Prison Systeti in Brazoria County, 

which is the Clemens State Farm, in the John and 

Sterling McNeel surveys, a distance of 10,800 feet, 

or 654.5 rods. 

0 

They wish to pay a consideration 

of .50 per rod for this right of way easement, 

or 327.25. The easement calls for the laying of -~ 

a second line upon payment of a like consideration; 

and they also agree to pay damages to crops, and 

to lay the line 18" below the ground so it will 

not interfere in any manner with cultivation. 

"At its regular bi-monthly on May 6th the 

Texas Prison Board agreed to permit the construction of this pipe line, provided fit met with the 

approval of the Attorney General. 

It is elementiary, of course, that an easement constitutes an interest in land and that whatever authority or power 

the Texas Prison Board would have to convey such an easement, 
Hon. O.J.S. Ellingson, page 2 o-2356 

would depend, in the absence of any specific provision to 

that effect, upon its authority In general to convey the land, 

or any portion therof, under its jurisdiction. 

The Texas Prison Board is a state agency, in the nature of a quasi-corporation, created and employed by the 

state for the purpose of carrying out the duty of the state 

to incarcerate and care for persons convicted of crime in 

this state, It is a component part of the state and derives 

all of its power and authority by delegation from the state. 

See 37 Tex. SUP. p. 65. 

Like similar subordinate state agencies, such as 

counties, townships and school districts, it has no power or 

duties except those which are clearly set forth and defined 

by the Constitution and statutes of the state. Edwards~County 

vs. Jennings, (Civ. App. 1895) 33 S.W. 585; Stratton vs. Commissioners' Court (Civ. App.; San Antonio, lgll), 137 S.W. 

1170; 11 Tex. Jur. 563, ]i 36; 1 Dillon Evlni. Corps., 1 25. 

Any ambiguity or reasonable doubt as to the existence of a 

power in such board to convey its property is to be resolved 

against the existence of such power. 

Unle-s specifically authorized by the Constitution or 

statutes, such state agencies have no power or authority to 

convey any of the property placed under their jurisdiction 

for the purpose of carrying out the duties delegated to them. 

When authorized by statute to convey such property, such state 

agencies mst do so strictly in the manner provided. CrouCh 

vs. Posey, (Civ. App. 5th Dis. 1902), 59 S.W. 1001; 37 Tex. 

Jur. 950, 1 81. 

Whatever power or authority the Texas Prison Board has 

to dispose of any of its property, is to be found under title 

108, Articles 6166 through 6203g, Vernon's Annotated Statutes. 

We have carefully examined the various statutes under this 

title and have found none which specifically authorized, or 

may be construed to authorize, the Texas Prison Board to make 

the conveyance contemplated. 

We have given special consideration to Articles 61660, 

6203a, and 6203d. 

Article 61660 authorizes the Prison Board to lease real 

estate for agrFcultura1 and grazing purposes. 

Article 6203a confers upon the Board for Lease of Texas 

Prison Lands, composed of the Commissioner of the General Land 

Office, the Attorney General and the Chairman of,the Prison 

Board, the authority to lease Texas Prison Lands, for oil and 

gas development. 
--.- - 

Hon. O.J.S. Ellingson, page 3 o-2356 

Article 6203d authorizes the Prison Board to grant rightof-way easements for irrigation canals, ditches, etc., to per- _ . 

sons or companies engaged in the lrrlgatlon business. 

We have also examined Article 602Oa which authorizes 

the Land Commissioner to grant pipeline right-of-way easements 

over unsold public free school land, bays, inlets, marshes and 

reefs owned by the State within tidewater limits, and that 

portion of the Gulf of Mexico within the jurisdiction of Texas. 

This Statute is obviously Inapplicable. 

Therefore, you are respectfully advised, and it is the 

opinion of this department, that the Texas Prison Board does 

not have authority to convey the proposed easement to the 

Latex Construction Company. 

Trusting that we have sufficiently answered your inquiry, we are 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

By: s/Peter Maniscalco 

Assistant 

PM:JM:rt:wc 

APPROVED JUN 8, 1940 

s/Gerald C. Mann 

ATTORNEY GENERAL OF TEXAS 

Approved: Opinion Committee By:-,-Chairman