F,. . 

Honorable James A. Turman Opinion No. W-342 

Executive Director 

Texas Youth Council Re: 

213 West 14th Street 

Does the word "site" used 

in the first sentence of 

Austin, Texas Section 3 of Senate Bill 

No. 478, Acts of the 55th 

Legislature, Regular Session, 1957, Chanter 389, 

page 1164, mean land, 

buildings and such equipment a8 is permanently 

installed as a part of the 

present facilities, and reDear Dr. Turman: lated questions. 

You have requested an opinion of this office concerning several questions which have arisen In connection 

with the implementation OF the provisions of Section 3 of 

Senate Bill No. 478, Acts of the 55th Legislature, Regular 

Session, 1957, Chapter 389, page 1164. Your questions are 

as Follows: 

"1. 

"2 . 

“3 . 

Does the word site, used in S. B. No. 478, 

Section 3, Sentence 1, mean land, buildings, 

and such equipment as Is permanently installed 

as a part of the present facilities? 

IF your answer to the above question Is in the 

affirmative, does the definition of the word 

site also include equipment and Furnlshlngs 

that are not a permanent nart of the buildings 

such as beds and beddl~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. 4781 
Honorable James A. Furman, Page 2 NW-342). 

“4. In order to avoid an Impasse on sites acceptable to both the Hospital Board and the Texas 

Youth Council, what criteria should be used 

by the Hospital Board in selecting a site for 

the Blind, Deaf and Orphan School In exchange 

for the present site and what 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?” 

We shall 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. The Texas Youth Council is authorized 

to enter into an inter-agency contract with the 

Board for State Hospitals and Special 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. The Texas Youth Council 

Is Further authorized to accept by an inter-agency contract suitable land now owned or acquired by the Hospital Board for the purpose of constructing a new 

Blind, Deaf and Orphans School. Should the State Hoapita1 Board not have a suitable tract of land for such 

purposes, then In such event the State Hospital Board 

shall purchase a suitable 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 

a part 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 3 of Senate Bill 

No. 478, quoted above, does not Include equipment and furnishings that are not a perm=nt part of the buildings, such 

as beds and bedding, 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 James A.' Turtnan, Page 3 ,(W-342). 

are not Fixtures s,o as to pass with a conveyance of the 

soil. 19 Tex. Jur., 705, Section2., Therefore, we believe 

that these items are in no way affected by the provisions 

of Section 3 of Senate Bill No. 478, and we must answer 

your second question in the negative. 

Yo,ur third and fourth questions deal with the 

factors and criteria to be considered in determining an 

exchange of the property involved in Section 3 of Senate 

Bill No,.'478. .ThisSection, as set forth above, provides 

that the Texas Yo,uth Council is authorized to accept suitable land now owned or acquired by the State Hospital Board 

for the purpose of constructing the new Blind, Deaf and 

Orphans School. The section further provides that should 

a suitable tract not be available, then the Hospital Board 

shall purchase a suitable tract to be approved by the Texas 

Youth Council. In as much as this section indicates that' 

the suitability of the tract is to be a prime consideration, 

we believe that any factor which in the opinion of the 

Texas Youth Council wo,uld tend to make the tract suitable 

of the land involved, and any other 

to affect the ultimate operation of 

Orphans School by the Council. 

conversely 

%ct unsultabie 

any factor which would tend to make the 

should be considered by the Youth Council 

in approving the tract. Included in this category would 

certainly be such factors as the location, size Andy terrain 

factor which would tend 

a Blind, Deaf and 

SUMMARY 

The word "site" as used in the first 

sentence of Section 3 of 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 a part of the present facilities, but does not include such equipment and furnishings as are not a permanent part of the buildings. In determining what constitutes anequitable 

exchange under the provisions of Section 

3 of 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 make the proposed site 
Honorable James A Turman, Page 4 (WW-342). 

suitable for the construction of the new 

Blind, Deaf and Orphans School. 

wm:mg 

APPROVED: 

OPINION COMMITTEE 

Geo . P. Blackburn, Chairman 

Morgan Nesbitt 

Milton Richardson 

B. H. Timmins, Jr. 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: 

W. V. Geppert 

Yours very:tFuly, 

WILL WILSON 

Attorney General of Texas 

C. Rivers, Jr. 

Assistant