The Attorney General of Texas 

December 31, 1982 

MARK WHITE 

Attorney General 

Supreme Court Building 

P. 0. Box 12546 

Austin, TX. 76711. 2546 

5121475-2501 

Telex 9101674-1367 

Telecopier 512M75.0266 

1607 Main St., Suite 1400 

Dallas, TX. 75201-4709 

2141742-6944 

4624 Alberta Ave.. Suite 160 

El Paso, TX. 79905.2793 

9151533-3464 

1220 Dallas Ave., Suite 202 

Houston, TX. 77002.6966 

713/650-0666 

606 Broadway, Suite 312 

Lubbock, TX. 79401-3479 

6061747-5236 

4309 N. Tenth. Suite B 

McAllen, TX. 76501-1665 

5121662.4547 

200 Main Plaza. Suite 400 

San Antonio, TX. 76205.2797 

5121225.4191 

An Equal Opportunity/ 

Affirmative Action Employer 

Mr. Louis J. Rodriguez 

President 

Midwestern State University 

Office of the President 

Wichita Falls, Texas 76308 

Dear Mr. Rodriguez: 

opinion No. w-549 

Re: Legality of home run 

contest held by state 

university 

You have requested our opinion concerning the legality of a 

proposed contest to be conducted by Midwestern State University 

(hereinafter MSU) in cooperation with the muscular dystrophy charity 

in Wichita Falls, Texas. Your proposed "Home Run Hitting Contest" 

would offer contestants a chance to win a $500 United States Savings 

Bond based on how many of five baseballs each contestant can hit over 

the outfield fence in your baseball field. Each contestant must pay 

an entry fee of at least $10.00. One-half of the proceeds would go to 

the MSU baseball program and one-half to muscular dystrophy. 

We understand that your main concern is whether the proposed 

contest is permissible under the state's gambling laws. See Tex. 

Const. art. III, 547; Penal Code %P47.01 et seq. Before reaching this 

question, however, we must address a threshold question: Is 

Midwestern State University authorized to cooperate with a private 

charity in conducting a contest on university property for the purpose 

of generating revenue, where a prize will be offered, and where 

one-half of the proceeds will be donated to that charity? 

Midwestern State University is a state-supported institution of 

higher education. As such, it derives its legal powers and authority 

from the Texas legislature. The statutes which specifically apply to 

MSU are sections 103.01 et seq. of the Texas Education Code. Those 

which are generally applicable to institutions of higher education, 

including MSU, are in various other places in the code. See, e.g., 

Educ. Code S951.101 et seq.; 51.201 et seq.; 55.01 et seq. Compare 

Educ. Code 5951.001 et seq. (inapplicable to MSU). 

The board of regents of MSU possesses some measure of 

discretionary authority. For example, it may promulgate rules for the 

safety and welfare of students. employees, and property. Educ. Code 

Q51.202. It may issue revenue bonds for the purposes specified in 

section 55.13 of the Education Code. It may accept donations, gifts, 

and endowments for the university under the conditions set forth in 

p. 1998 
Mr. Louis J. Rodriguez - Page 2 (MW-549) 

section 103.08 of the code. Its authority is, however, not nearly as 

broad as that which has been conferred upon boards of regents of other 

state institutions of higher education, i.e., the University of Texas 

System. See Educ. Code 965.31; Foley v Benedict, 55 S.W.2d 805 (Tex. 

1932) ; Attorney General Opinion MW-373 (1981). There is no 

counterpart, for example, to section 65.31 of the Education Code, 

which authorizes the board of regents of the University of Texas 

System to "promulgate... rules... for the operation, control, and 

management of the university system and the component institutions 

thereof as the board may deem either necessary or desirable," 

applicable to MSU. 

You have cited no statute which explicitly or impliedly 

authorizes MSU to cooperate with a private charity to conduct a 

contest for the purposes and under the conditions which you have 

described. Neither has our own research disclosed any such express or 

implied authority. We must therefore conclude that the university is 

not authorized to conduct the proposed contest. Our conclusion 

renders it unnecessary for us to consider the legality of this contest 

under the gambling laws. 

SUMMARY 

Midwestern State University lacks statutory 

authority to cooperate with a private charity in 

conducting a contest on university property for 

the purpose of generating revenue, where a prize 

will be offered, and where one-half of the 

proceeds will be donated to that charity. 

A zzti 

MARE WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III, 

Executive Assistant Attorney General 

Prepared by Jon Bible 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Jon Bible 

Rick Gilpin 

Jim Moellinger 

Bruce Youngblood 

p. 1999