i 

April 2, 1973 

Honorable James C. Jernigan 

Chancellor, Texas A & I Univereity 

Kingsville, Texas 

Dear Chancellor Jernigan: 

Opinion No. H- 23 

Re: Authority of Texas A & I 

University to acquire real 

property by purchase or 

lease. 

Your first question asks whether Article 2628a-5. Vernon’s Texas 

Civil Statutes, or some other statute, will authorize Texas A & I 

Board of Directors to receive, as a gift, property located in Kingsville 

to be used by the Board of Directors as it deems advisable. 

Your second question is contingent upon a negative answer to the 

first and asks whether, in the event the University could not accept 

the prop.erty as a gift, could the property be given to the Texas A & I 

Development Foundation, Inc., a public foundation, and leased by 

it to the University for a nominal amount. 

Your third question asks whether the University may purchase 

or lease-purchase a tract of land of twenty-six acres for the operation 

of the Texas A & I University Citrus and Vegetable Training Center 

in Weslaco. 

Because you refer specifically to Article 2628a-11. Vernon’s 

Texas Civil Statutes, we assume you are referring to land to be 

used as farm land. The provisions of Articles 2628a-1 through 2628d. 

Vernon’s Texas Civil Statutes, have been repealed and are now found 

as Sections 104.01 through 104.93 of the Education Code (Acts. 1969, 

6lst Leg., Ch. 889) as amended. 

The general powers of Texas A & I University at Kingsville are 

found in $104.21, Texas Education Code, which provides: 

p. 101 
Honorable James C. Jernigan, page 2 (H-23) 

“With respect to the management and control of the 

university, the Board has the same powers and duties 

that are conferred on the Board of Regents, State Senior 

Colleges, with respect to institutions in that system, 

except as otherwise provided by this chapter. ” 

Section 95. 31, Texas Education Code, providing the powers of 

the State Senior College System to acquire land, provides that the 

Board may acquire land “by purchase or by condemnation”. In 

addition, 5 55.11 of the Texas Education Code, applicable generally 

to institutions of higher education, provides: 

“Each board is authorized to acquire, purchase, 

construct, improve, enlarge, equip, operate, and/or 

maintain any property . . . ” 

In 1972 you requested the opinion of this office as to whether 

Texas A & I University had authority to acquire property by donation. In Attorney General Opinion M-1158 (1972) it was concluded 

that Texas A & I could legally acquire land by donation. This conclusion was reached by interpreting “purchase”, as used in 5 55.11, 

to include all lawful acquisitions of real estate by any means whatever, except by descent. In addition to the authority cited in 

Opinion M-1158 we would also call to your attention the fact that, 

in the Uniform Commercial Code, §L 201 (Acts. 1965, 59th Leg., . 

Ch. 721), the word “purchase ” is defined to include the taking of an 

interest in property by any voluntary transaction including, specifically, a gift. 

It is therefore, our opinion, in answer to your first question, 

that the Board of Directors of Texas A k I does have authority to 

receive the gift mentioned. This renders it unnecessary for us to 

answer your second question. 

Relative to your third question. this office in its Opinion M-832, 

answered a request from the Board of Regents of Stephen F. Austin 

State University inquiring, in part, as to the authority of that university to lease a stadium. We attach a copy of the opinion. Under 

reasoning similar to that employed in M-1158, this office concluded 

that the word “purchase” included acquisition by means of a lease as 

did the word “acquire” used in $ 95. 31 of the Texas Education Code. 

p. 102 

. 
.e 

, 

Honorable James C. Jernigan, page 3 (H-23) 

Section 104. 51 of the Education Code (formerly Article 2628a-11, 

$1 of Vernon’s Texas Civil Statutes) authorizes the Board of Texas 

A & I University to purchase farm land. In line with our opinion 

that “purchase ” includes “lease”. and assuming that a “lease-purchase” 

as you used the word in your third question refers to a character 

of lease somewhat in the nature of an option to purchase, it is our conclusion that Texas A & I does have the authority either to purchase or 

to 1easeTurchase the tract of land in question and your third question 

is answered in the affirmative. 

SUMMARY 

Texas A & I University has authority to accept 

donations of property for use as the Board of 

Directors may deem advisable and also to either 

purchase or acquire by lease-purchase a .tract of 

land to be used for farmland in connection with the 

Texas A & I University Citrus and Vegetable Training Center at Weslaco. 

Very truly yours, 

JOHN L. HILL 

Attorney General of T.exas 

APPROVFD: 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 103