TEEA~ORNEY GENERAL OF-TEXAS

Honorable O,J.Z, Elllngson General Manager' Texas~PrisonSystem 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 farmsunder Its jurisdiction.

inyou itg of We are In receipt of your letter of May 11, 1940,whererequest the opinion of thisDepartment 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:

"TheLatex Construction Company,General Contractors,Houston, Texas, are seekingright of way easements for a pipe line they propose to build for theDow Chemical Co. between Bay City and Freeport, Texas. "Theroute of this linewill cross property of the Texas Prison Systetiin Brazoria County, which is the Clemens State Farm, in the John and SterlingMcNeel surveys,a distance of 10,800 feet, or 654.5 rods. 0 They wish to pay a consideration of .50per rod for this right ofway easement, or 327.25. The easement calls for the laying of -~ a second lineupon 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 mannerwith 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 thatwhatever 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 specificprovision 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 employedby the state for the purpose of carrying out the duty of the state to incarcerateand care for persons convicted of crime in this state, It is a componentpart 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, townshipsand schooldistricts, it has no power or duties except thosewhich are clearly set forth and defined by the Constitutionand 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, ]i36; 1 Dillon Evlni. Corps., 1 25. Any ambiguity or reasonabledoubt as to the existence of a power in suchboard to convey its property is to be resolved against the existence of suchpower.

Unle-s specificallyauthorizedby the Constitutionor statutes, such state agencies have no power or authority to convey any of the property placedunder their jurisdiction for the purpose of carrying out the duties delegated to them. When authorizedby statute to convey suchproperty, such state agencies mst do so strictly in the manner provided. CrouCh vs. Posey, (Civ.App. 5thDis. 1902), 59 S.W. 1001; 37 Tex. Jur. 950, 1 81. Whatever power or authority the Texas PrisonBoard has to dispose of any of its property, is to be foundunder title 108, Articles 6166 through 6203g, Vernon's Annotated Statutes. We have carefully examined the various statutesunder this title and have found none which specificallyauthorized, or may be construed to authorize, the Texas PrisonBoard to make the conveyance contemplated.
We have given special consideration to Articles 61660, 6203a, and 6203d. Article 61660 authorizes the PrisonBoard to lease real estate for agrFcultura1and grazing purposes. Article 6203a confersupon 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 irrigationcanals,ditches, etc., to per-

_ . sons or companies engaged in the lrrlgatlonbusiness.
We have also examinedArticle 602Oa which authorizes the Land Commissionerto grant pipeline right-of-way easements overunsold public free school land, bays, inlets,marshes and reefs owned by the State within tidewater limits, and that portion of the Gulf of Mexicowithin the jurisdictionof 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 ConstructionCompany.

Trusting thatwe have sufficientlyansweredyour inquiry, we are Yours very truly ATTORNEY GENERAL OF TEXAS

By: s/PeterManiscalco Assistant PM:JM:rt:wc

APPROVED JUN 8, 1940 s/Gerald C. Mann ATTORNEY GENERAL OF TEXAS Approved: Opinion CommitteeBy:-,-Chairman