Hon. C. G. Haas Opinion No. M- 832 

Secretary, Board of Regents 

Stephen F. Austin State University Re: Authority of Stephen F. 

Nacogdoches, Texas 75961 Austin State University 

Dear Mr. Haas: 

to jointly own, or lease, 

a football stadium with 

an independent school 

district, and related 

question. 

Your 

concerning the 

" (1) 

recent letter requesting the opinion of this office 

referenced matter poses the following questions: 

Can the University jointly own a stadium 

with an individual school district: 

"(2) Can the University enter into. a longterm lease for a stadium owned by an independent 

school district; 

"(3) Would the enactment of a new statute 

authorizing either of the first two above achieve 

the necessary authority for the University to do 

either of the above two proposals?" 

Article 2909a, Vernon's Civil Statutes, was enacted in 

1939 and has remained unchanged to the present time; it provides, 

in part, as follows: 

"Section 1. The Board of Directors of Texas 

Technological College, the Board of Directors of 

the Texas Agricultural and Mechanical College, the 

Board of Regents of the University of Texas, the 

Board of Directors of the State Teachers' Colleges 

of Texas, the Board of Directors of the Texas 

State College for Women, and the Board of Directors 

of the College of Arts and Industries, are hereb 

authorized and empowered to erect and e qiy-3gd u 

to contract with any person, firm or corporation, 

?or the erection, completion and equipping of 

aormitories , cottages or stadiums, to be erected 

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. . 

Hon. C. G. Haag, page 2 (M-832) 

either on the campus or real estate then owned 

by said colleges, or on other real estate purchased or leased for the purpose, and the said 

Boards of Directors are hereby xp ly authorized to purchase, or lease, a~di:~~~al real 

estate for such purposes . . . 

"Sec. 2. The Boards aforesaid are hereby 

authorized and empowered to enter into contracts 

with municipalities or school districts for the 

of museums, library buildings, 

ings as may be deemed necessary . . . '1 (Emphasis added.) 

Stephen F. Austin State University (Article 2647f, V.C.S.) 

was a State Teachers College at the time of the enactment of 

Article 2909a, supra, and is, therefore, one of the institutions 

covered by the provisions of that Article. See Article 2647f, 

Vernon's Civil Statutes. Its control and management is vested 

in a board of nine regents, which is empowered to exercise the 

same powers, duties, and responsibilities as were formerly exercised by the Board of Regents, State Senior Colleges. Article 

2647f-1, Sections 1 and 9, Vernon's Civil Statutes. This Board 

was formerly the Board of Regents of the State Teachers Colleges. 

See Article 2644a, Sec. 1, Vernon's Civil Statutes. 

Under Article 2647, Vernon's Civil Statutes, the Board 

of Regents of the University has the responsibility of the general 

control and management of the institution and is expressly given 

the power and authority to acquire either by "purchase or condemnation" such lands within the counties where such University 

is located as the board "may deem expedient" for the use of the 

University "for purposes necersary in the conduct thereof." As 

we view this broad grant of power, the purchase relative to land 

"generally means the acquisition of real estate by any means 

whatever except by descent." Black's Law Dictionary, Fourth 

Edition, citing Kelly v. Southworth, 38 Wyo. 414, 267 P. 691, 692 

(1928); Lindburg v. Bennett, 117 Neb. 66, 219 N.W. 851, 855 (1928); 

Oklahoma City v. Board of Education of Oklahoma City, 181 Okl. 

539, 75 P.2d 201 (1938 . 

The Board of Regents of the University under Article 

2909c, Vernon's Civil Statuter, is further expressly authorized 

to "conduct, acquire, improve and equip . . . buildings and other 

structurea . . . and acquire land for said additions, buildings 

and other 8tructures if deemed appropriate by said governing body. 

Said . . . organieation may be accomplished in whole or in part 

with proceeds of loans obtained from any private or public source." 

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Hon. C. G. Haas, page 3 

The board may also, Mithout cost to the State of Texas, acquire 

or construct dormitories, kitchens, and dining halls, hospitals, 

libraries, student activity buildings, gymnasia, athletic buildings and stadia, and such other buildings as may be needed for 

the good of the institution and the moral welfare and social 

conduct of the students . . .I' See Article 2603c, Vernon's 

Civil Statutes. 

The authority to "acquire" means to gain by any means 

(Black's Law Dictionary, 4th Edition, p. 41) and acquisition by 

lease would be included. 

In Attorney General's Opinion No. O-6911 (19451, this 

office held that'the Board of Regents of the State Teachers College 

is authorized to lease the land in question to the City of 

Nacogdoches under a long-term lease for the purpose of jointly 

constructing buildings considered necessary" for athletic and 

recreational facilities, including a football field, etc. 

While not the subject of inquiry, we note in passing 

that a special fund was established by the College Building 

Amendment (Article VII, Section 17, Constitution of Texas) for 

the purpose of acquiring, constructing and initially equipping 

buildings or other permanent improvements for the designated 

colleges, and as to those participating in such fund, it is 

further provided that they "shall not thereafter receive any 

other state funds" for such acquisition or construction for which 

the five cents ad valorem tax is therein provided, except in case 

of the contingencies specified. This does not prohibit, hovJever, 

the Legislature from making appropriations for the acquisition of 

additional land or other type permanent improvements. Attorney 

General's Opinion No. V-927 (1949). 

We have also found authority in Section 20.50 of the 

Texas Education Code expressly authorizing contracts for any 

period, not exceeding 75 years, with terms as may be agreed upon 

by the parties, to be entered into by and between independent 

school districts and anv corooration. citv. or anv institution 

of higher learning, "fo; the-use of any s'&di.um and other athletic 

- facilities . ..* __- owned by or under the control of any such entity." 

In view of all of the foregoing, including the cited 

statutes when read in par1 materia, we have no doubt that Stephen 

F. Austin State University has the power to acquire an ownership 

interest in an existing stadium owned by another entity, or to 

lease such a stadium. We accordingly answer your first two 

questions in the affirmative. 

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Hon. C. G. Haas, page 4 (M-832) 

We are unable to answer your third question, which is 

entirely conjectural, for this would violate the settled policy 

of this office against passing on the text of a nonexistent, hypothetical statute. 

SUMMARY 

Stephen F. Austin State University may acquire 

a joint ownership interest in a football stadium 

owned by an independent school district, or may enter 

into a long-term lease for a football stadium owned 

by such school district. 

Very truly yours, 

CRAWFORD C. MARTIN 

Attorney General of Texas 

BY %72?,42fz 

NOLA WRITE 

First Assistant 

Prepared by Austin C. Bray, Jr. 

Assistant AttOMey General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Bob Davis 

James McCoy 

Bob Lattimore 

Richard Chote 

WEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

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