R-364 

EATTOIRNEY GENERAL 

QFTEXAS 

PRICE DANIEL 

ATTORNEY GENERAL 

May 28, 1947 

Hon. L. ,A. Wooda 

State Superintendent 

State Depsrtment of Education 

Austin, Texas 

AtteatFon: Hon. T. M. Trimble 

Dear 

ment 

Opinion No. V-217 

Re : Legality of contract between Board of Trustees 

of an independent school 

district and a radio station to give the latter 

exclusive broadcasting 

rights for football games. 

Your letter requesting an opinion from this Dspsrtis as follows: 

“At the request of Mr. Murry I?. Ply, 

Superintendent of Schools of Odessa, Texas, 

I am submlttlng the problems contalned in 

the attached letter for your consideration 

and opinion. ” 

We quote the letter from Hon. Murry Ii. Fly which is 

attached to your request : 

“Iast November the Board of Trustees of 

Ector County Independent School District gave 

a contract to ERIC, a broadcasting station 

here, to broadcast football games for the 

season 1947-48. The contract was exclusive. 

KOSA and ICEKXC, two other broadcasting stations, 

are contending that the Board could not give 

an exclusive ,contract and they are contending, 
Hon. L. A. Woods - Page 2 

that is, KO3A is, that the local school board 

cannot prevent their broadcasting. The Board 

has asked me to write you for an opinion, and, 

presently an opinion from the Attorney Qeneral 

on the matter If you do not already have a 

ruling from him regarding a case similar to 

ours. 

,:i- 

“Que st Ion #l. Has the Board a legal right 

or was it in its legal rights to grant an exclusive contract to a radio station to broaacast 

football games for a period of. two years? 

Does the fact’ that there was 

that is, the contract wae ,’ 

awarded to KRIQ gratis, enter into the question? 

Does the fact: that the other 

not in existence at the time 

the contract was awarded enter into the question?” 

School trustees are vested under our laws with broad 

powers in the control and management of schools. They are 

charged with the promotion of the education within their respective districts and ins the absence of statutory limitation, 

they are vested with large discretion fin the exercise of their 

powers of administration. State Line School District v. Farwell School District, 48 3.W. 616. 

In the case of Royse Independent School District v. 

Re inhardt , 159 3.W. 1010, Reinhardt and others were attempting 

to restrain the members of the Rdyse Booster Cl,ub and the 

Trustees of the Royse Independent School District from performing contract between said Trustees and members of the Club by’ 

the terms of which the Trustees granted to the Club the’,privllege of using the south end of the public school campus as a 

ball ground during the period intervening between the clnse 

of the school in the Spring and the cotmzencement of the school 

in the Fall.’ It was held in this case that the Board. of Trustees Is given exclusLve power bf management, regulation and 

control of the schools and school property within’the district 

and had the power to grant to the,.Royse Booster Cl~ub the right 

to use the school’s baseball field so long &s said use did not 

interfere with the school’s activities or injure the school 

property. See also: Beard v. Board of Education,: 16 Pi (26) 

900, and Young v. Board ‘of Trustees, 4 P. (2d) 725. 
Hon. L. A. Woods - Page 3 

It is recognized generally that athletic contests, 

inter-scholastic league meetings and other extra-curricular 

activities have become a necessary and intergral part of our 

educational system. Plans for modern schools, including the 

most complete gymnasiums and football stadiums, have been 

designed with the view of providing proper facilities for the 

furtherance of this program. .,Brooks v. Elder, 189, N.W. 284; 

Merriman v. School District No. 15, et e.1, 86 A.L.R. 1181. 

Modern football stad,iums are now equipped with necessary and 

adequate radio and press facilities. The Board of Trustees 

being vested with the control and management of such property 

and having large discretion in the exercise of their power of 

administration of school activities, have the right by bid or 

otherwise to permit ,or refuse to permit any person to use such 

facilities so long as its action does not constitute a clear 

abuse of discretion in the exercise of its powers of adminlstration. In order that the Board’s action may not be arbitrary but for the best’ interest of the schools, such a contract 

should be let upon bids for a valuable consideration. If only 

one station exists or only one birds, the contract would be 

valid provided some benefit was provided thereby to the schools. 

30 far as this Department has been able to determine, 

this is the first time a question has been raised concerning 

the Board of Trustee9 authority to contract with a radio station to broadcast football games of the high schools within 

their district. We have been unable to find any statutory 

limitation with reference to such contracts. Therefore, it 

is the opinion of, this Department that the Board of Trustees 

oC .Ector County Independent School District has the authority 

to grant an exclusive contract to a radio station to broadCJ st regularly scheduled football games. 

In answer to your second question, we would like to 

point out that it is a fundamental rule that every contract 

must be supported by a considerntion, and a contract without 

any consideration is not binding upon the parties and is unenforceable. See : 10 Tex. Jur. 112 and cases cited therein. 

It is, therefore , our opinion that in the absence of consideration the cbntract is not binding upon the Board of Trustees 

of Ector County Independent School District. This is not t,o 

be construed as meaning’the Board of Trustees does not have 

the power to grant an exclusive permit to the radio station, 

but simply that the Board of Trustee3 now has the power to 

grant the pl-ivilcges to the other radio stations in the absence 

of consideration if it so d.esires. If a valuable consid~eration, whether cash, advertising, or any substantial benefit to 

the school, was given for the present contract, then it is 
Hog. L. A. Woods - Page 4 

binding even though other stations have since come into 

existence and now want the same privilege. 

SUMMARY 

The Board of Trustees of Ector County 

Independent School District has the authority 

to grant an exclusive contract, to a radio 

station to broadcast regularly scheduled football games. 

Yours very truly 

ATTOFtNEY GENERAL OF TEXAS 

JR:djm 

Assistant 

APPROVED : 

ATTORNEY GEi’iXRAL