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, inthe 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., apublic 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 ofland oftwenty-six acres for the operation of the Texas A & I University Citrus and Vegetable Training Center inWeslaco. 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 ofArticles 2628a-1 through 2628d. Vernon’s Texas Civil Statutes, have been repealed and are now found as Sections 104.01 through 104.93 ofthe Education Code (Acts. 1969, 6lst Leg., Ch. 889) as amended.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.101Honorable 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 onthe 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, 555.11ofthe Texas Education Code, applicable generally to institutions ofhigher education, provides:

“Each board is authorized to acquire, purchase, construct, improve, enlarge, equip, operate, and/or maintain any property . . .” In 1972you requested the opinion of this office as towhether Texas A &IUniversity had authority to acquire property by donation. In Attorney General Opinion M-1158 (1972) itwas concluded that Texas A &I could legally acquire land by donation. This conclusion was reached by interpreting “purchase”, as used in 555.11, 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 inproperty by any voluntary transaction including, specifically, a gift. It is therefore, our opinion, in answer to your first question, that the Board ofDirectors of Texas A k Idoes 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 ofStephen F. Austin State University inquiring, inpart, as to the authority ofthat 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 ofalease as did the word “acquire” used in $95. 31of the Texas Education Code.
p. 102 ..e

,

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

Section 104.51of the Education Code (formerly Article 2628a-11, $1ofVernon’s Texas Civil Statutes) authorizes the Board of Texas A &I University to purchase farm land. Inline 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 oflease somewhat inthe nature of an option to purchase, it is our conclusion that Texas A & Idoes have the authority either to purchase or to 1easeTurchase the tract of land in question and your third question is answered inthe affirmative. SUMMARY Texas A & I University has authority to accept donations ofproperty for use as the Board of Directors may deem advisable and also to either purchase or acquire by lease-purchase a.tract of land tobe 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