Honorable W. Lee O'Danlel

Governor of~~Texas Austin, Texas Attention: Honorable Tom L. Beauchamp, Jr.
Dear Governor O'Daniel: OpinionNo. O-3095 Re: Sale of a part of Texas Agricultural Experiment Station, SubstationNo. 2.
We haveyour letter January 17, 1941, inwhich our opinion is requested on the questions thereinpresented. Your letter is:

"GovernorO'Danlel has received a request from A~.

B. Conner,Director of the Texas Agricultural Experiment Station, for the execution of a deed which he enclosed to certain lands held by that agency. The deed, together with the request, and also a letter to Mr. Conner from the Acting Secretary of the Board ofDirectors of A & M Collegerequesting preparation of the deed are attached hereto. The Governor respectfully requests your approval as to form of this instrument and your opinion 'astz the legal propriety of his executing the same. We assume from your request that you desire to know whether or not you have the legal authority to execute the deed inquestton upon the showingmade to you by theDirectors of the Agricultural and Mechanical College. We further assume that the instrumentsmentioned inyour letter and forwarded for our ConsFderationconstitute the full record before you.

Articles 137 and 138, Revlsed Civil Statutes of Texas, vest in the Board ofDirectors of the Agriculturaland Mechanical Collegebroad authority and. powers relative to the establishment, supervisionand control over experiment stations. Article 139 of the Revised Civil Statutes provides:

The Board shall 

### haQe power: "1

. To establish sub-experiment stations at.

Honorable W. Lee O'Daniel,page 2 0-3095

suchplaces in this State as it shalldeem proper, in addition to those now in operation. "2

. To abandon or discontinue any sub-station which may become undesirable for experimentpurposes, and-'if

deemed necessary to establish others intheir stead at such other places in the same county as it shalldeem advisable.

“3

. To sell any land or other State vroperty used In the oueration of an exoeriment stationwhen so abandoned,and to apply the proceeds of such sale in the purchase of other land and property for the establishmentof experiment stations." (Underscoringours) These provisions expressly confer upon the Board of Directors of the Agriculturaland Mechanical College the power and authority to sell any land or other State property used 'inthe operation of an experiment statlon. This right and authority to sell and dispose of suoh State~property is limited to and does not become existent,however, until there has been an abandonment of that sought to be sold. The power to abandon such land is predicatedupon a determination by the Board ofDirectors that suchproperty has "becomeundesirable for experimentpurposes." Whether the land sought to be sold has been "abandoned"for reason of having become "undesirable for experimentpurposes" does not affirmatively appear in the record before us.

Whether or not the land nought to be conveyed .tothe Federal Government has become "undesirablefor experiment purposes"which will warrant an abandonment thereof is a fact question left to the determination of the Board ofDirectors of the College. If in the exercise of their discretion they determine that such land is no longerdesirable for the purpose forwhich itwas acquired and used, they should pass a resolution to that effect and likewise expressly abandon the samemaking such resolution a part of the minutes of the Board. A copy thereof shouldbe furnishedyou.

The deed submittedrecites a consideration of 'one ($l,OO)dollar and other good and valuable tionsiderations" paid by the United States. In this connectionwe desire to point out that the power to abandon and sell property given the Board by the Legislaturedoes not implya right to give suchproperty away nor to dispose of the same for any but an adequate cash consideration. The law contemplates that the proceeds received from such saleswill be used by the Board to purchase otherproperty for use in connectionwith experi-Honorable W. Lee O'Daniel,page 3 O-3095

ment purposes. If the "Othergood and valuable considerations" recited in the deed is the understanding that the Federal Gov-. ernmentwill build a building on the land sought to be conveyed, such consideration is not within the contemplationof the statutesas clearly it could not be used "in the purchase Of other land and property for the establishmentof experiment stations." You should thereforedetermine whether cr not the cash considerationrecited in the deed is adequate as being the reasonable cashmarket value of that sought to be conveyed.

We trust that the above discussion of the law involved will aid you in the performance of your duty.

All instruments submittedwith your request are respectfullyreturned.
Yours very truly
ATTORNEY GENERAL OF TEXAS

By s/LloydArmstrong Lloyd Armstrong Assistant LA:db:wc

APPROVED MAR 19, 1941 s/Gerald C. Mann ATTORNEY GENERAL OF TEXAS