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Honorable JamesA. Turman Opinion No.W-342 Executive Director Texas Youth Council Re: 213West 14th Street Does the word "site" used in the first sentence of Austin, Texas Section 3of Senate Bill No. 478,Acts of the 55th Legislature, Regular Session, 1957, Chanter 389, page 1164,meanland, buildings and such equipmenta8is permanently installed as apart of the present facilities, andreDear Dr. Turman: lated questions.

Youhave requested anopinion of this office concerning several questions which have arisen In connection with the implementation OFthe provisions of Section 3of Senate Bill No. 478,Acts of the 55th Legislature, Regular Session, 1957, Chapter 389, page 1164. Your questions are as Follows: "1.

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. Does the wordsite, used in S. B. No. 478, Section 3, Sentence 1, meanland, buildings, and such equipment as Is permanently installed as apart of the present facilities? IFyour answer to the above question Is in the affirmative, does the definition of the word site also include equipment and Furnlshlngs that are not apermanent nart of the buildings such as beds andbeddl~ng, linens, television sets, small tools and equlptnent, books, and equipment used in vocational and academia training of blind and deaf children? Since the tract of land Furnished the Texas Youth Council by the Hospital Board 'is in exchange for the present Facilities at the Blind, Deaf and Orphan School,' (W.W. 302), what factors should be considered in determining an equitable exchange by the lnteragency agreement provided for in S. B. No. 4781Honorable James A. Furman, Page 2 NW-342).

“4. Inorder to avoid an Impasse on sites acceptable to both the Hospital Board and the Texas Youth Council, what criteria should be used bythe Hospital Board in selecting asite for the Blind, Deaf and Orphan School In exchange for the present site andwhat criteria should the Council use In accepting sites proposed by the Hospital Board so as to comply with spirit and intent of S. B. 478?” Weshall answer these questions in the order In which they were presented.

Section 3, Senate Bill 478, Acts of the 55th Legislature, Regular Session, 1957, Chapter 389, page 1164, reads In part as follows:

“Sec. 3. TheTexas Youth Council is authorized to enter into aninter-agency contract with the Board for State Hospitals andSpecial Schools for the purpose of transferring the present site of the Blind, Deaf and Orphans School to the Board For Texas State Hospitals and Special Schools for use by the Hospital Board as It so needs. TheTexas Youth Council Is Further authorized to accept by an inter-agency contract suitable land nowowned or acquired by the Hospital Board for the purpose of constructing anew Blind, Deaf and Orphans School. Should the State Hoapita1 Board not have asuitable tract of land for such purposes, then In such event the State Hospital Board shall purchase asuitable tract of land in or near Austin, Texas, to be approved by the Texas Youth Council In exchange for the present facilities at the Blind, Deaf and Orphans School.

. . .” It is our opinion that the word “site” as used In the First sentence of the above section means the land, buildings and suoh equipment as is permanently installed as apart of the present facilities. We, therefore, answer your first question in the affirmative. It la also our oplnlon that the word “site’ as used In the first sentence of Section 3of Senate Bill No. 478, quoted above, does not Include equipment andfurnishings that are not aperm=nt part of the buildings, such as beds andbedding, linens, television sets, small tools and equipment, books and equipment used in vocational and academic training of blind and deaf children. It Is our opinion that all such Items are properly to be considered as personalty and- .-

Honorable JamesA.'Turtnan, Page 3,(W-342).

are not Fixtures s,oas to pass with aconveyance of the soil. 19Tex. Jur., 705, Section2., Therefore, webelieve that these items are in nowayaffected by the provisions of Section 3of Senate Bill No. 478, andwemust answer your second question in the negative.

Yo,urthird and fourth questions deal with the factors and criteria to be considered in determining an exchange of the property involved in Section 3of Senate Bill No,.'478. .ThisSection, as set forth above, provides that the Texas Yo,uthCouncil is authorized to accept suitable land nowowned or acquired by the State Hospital Board for the purpose of constructing the newBlind, Deaf and Orphans School. Thesection further provides that should asuitable tract not be available, then the Hospital Board shall purchase asuitable tract to be approved by the Texas Youth Council. In as muchas this section indicates that' the suitability of the tract is to be aprime consideration, webelieve that any factor which in the opinion of the Texas Youth Council wo,uldtend to makethe tract suitable

of the land involved, andany other to affect the ultimate operation of Orphans School bythe Council. conversely %ct unsultabie any factor which would tend to makethe should be considered by the Youth Council in approving the tract. Included in this category would certainly be such factors as the location, size Andyterrain factor which would tend aBlind, Deaf and

SUMMARY Theword "site" as used in the first sentence of Section 3of Senate Bill No. 478, Acts of the 55th Legislature, Regular Session, 1957, Chapter 389, page 1164, includes the land, buildings and such equipment as is permanently installed as apart of the present facilities, but does not include such equipmentand furnishings as are not apermanent part of the buildings. In determining what constitutes anequitable exchange under the provisions of Section 3of Senate RI11 No. 478, Acts of the 55th Legislature, Regular Session, 1957, Chapter 389, page 1164, the Texas Yo.uth Council should consider any factor which would tend to makethe proposed siteHonorable JamesA Turman, Page 4 (WW-342).

suitable for the construction of the new Blind, Deaf and Orphans School.

wm:mg APPROVED: OPINIONCOMMITTEE

Geo

. P. Blackburn, Chairman Morgan Nesbitt Milton Richardson B. H. Timmins, Jr. REVIEWED

FORTHEATTORNEY GENERAL BY:W.V. Geppert Yours very:tFuly, WILLWILSON Attorney General of Texas

C. Rivers, Jr. Assistant