### R-364 

## EATTOIRNEY GENERAL QFTEXAS

PRICE DANIEL ATTORNEY

GENERAL 

### May28,1947

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 aradio 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, Iamsubmlttlng the problems contalned in the attached letter for your consideration and opinion. ” Wequote 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, abroadcasting station here, to broadcast football games for the season 

## 1947-48. The contract wasexclusive. KOSAand ICEKXC,

twoother broadcasting stations, are contending that the Board could not give anexclusive ,contract and they are contending,Hon. L. A. Woods - Page 2

that is, KO3Ais, that the local school board cannot prevent their broadcasting. TheBoard has asked metowrite you for an opinion, and, presently an opinion from the Attorney Qeneral on the matter If you donot already have a ruling from him regarding a case similar to ours. ,:i-

“QuestIon #l. Has the Board a legal right or was it in its legal rights to grant an exclusive contract to aradio station to broaacast football games for aperiod of. twoyears? Does the fact’ that there was that is, the contract wae ,’ awarded to KRIQgratis, enter into the question? Does the fact: that the other not in existence at the time the contract wasawarded enter into the question?” School trustees are vested under our laws with broad powers in the control andmanagement of schools. Theyare charged with the promotion of the education within their respective districts and insthe 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. Reinhardt , 1593.W. 1010, Reinhardt and others were attempting to restrain the members of the Rdyse Booster Cl,uband the Trustees of the Royse Independent School District from performing contract between said Trustees andmembers 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 washeld 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 andhad the power to grant to the,.Royse Booster Cl~ubthe 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, andYoung v. Board‘of Trustees, 4P. (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 anecessary 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, 86A.L.R. 1181. Modern football stad,iums are nowequipped with necessary and adequate radio and press facilities. TheBoard of Trustees being vested with the control andmanagement of such property andhaving large discretion in the exercise of their power of administration of school activities, have the right bybid 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 maynot be arbitrary but for the best’ interest of the schools, such a contract should be let uponbids for a valuable consideration. If only one station exists or only one birds, the contract would be valid provided somebenefit was provided thereby to the schools.

30far as this Department has been able to determine, this is the first time aquestion has been raised concerning the Board of Trustee9 authority to contract with aradio station to broadcast football games of the high schools within their district. Wehave 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 aradio station to broadCJst regularly scheduled football games.

In answer to your second question, wewould like to point out that it is afundamental rule that every contract must be supported bya considerntion, anda contract without any consideration is not binding upon the parties and is unenforceable. See: 10Tex. Jur. 112and 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 nowhas the power to grant the pl-ivilcges to the other radio stations in the absence of consideration if it sod.esires. If a valuable consid~eration, whether cash, advertising, or any substantial benefit to the school, was given for the present contract, then it isHog. L. A. Woods - Page 4

binding even though other stations have since come into existence and nowwant the sameprivilege. SUMMARY The Board of Trustees of Ector County Independent School District has the authority to grant anexclusive contract, to aradio station to broadcast regularly scheduled football games. Yours very truly ATTOFtNEY

GENERAL

OFTEXAS

JR:djm Assistant

APPROVED

:

ATTORNEYGEi’iXRAL