# 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 StateUniversity Office of the President Wichita Falls,Texas 76308

Dear Mr. Rodriguez: opinionNo. 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 (hereinafterMSU) in cooperationwith themuscular dystrophy charity in Wichita Falls, Texas. Your proposed "Home Run Hitting Contest" would offer contestantsa chance to win a $500 United States Savings Bond based on how many of fivebaseballs each contestant can hit over the outfield fence in your baseball field. Each contestantmust pay an entry fee of at least $10.00. One-half of theproceedswould go to theMSU baseballprogramand one-half tomusculardystrophy.

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 %P47.01et seq. Before reaching this question, however, we must address a threshold question: Is Midwestern State University authorized to cooperate with a private charity in conductinga contest on universityproperty for the purpose of generating revenue, where a prize will be offered, and where one-halfof theproceedswill be donated to that charity?
Midwestern State University is a state-supported institution of higher education. As such, it derives its legalpowers and authority from the Texas legislature. The statuteswhich specificallyapply 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 5951.001et seq. (inapplicabletoMSU).
The board of regents of MSU possesses some measure of discretionaryauthority. For example, itmay promulgaterules 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. 1998Mr. Louis J. Rodriguez - Page 2 (MW-549)

section 103.08of the code. Its authority is, however,not nearly as broad as thatwhich has been conferredupon boards of regentsof other state institutionsof higher education, i.e., the University of Texas System. See Educ. Code 965.31; Foleyv 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 toMSU.

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. Neitherhas our own researchdisclosedany such express or impliedauthority. We must therefore conclude that the university is not authorized to conduct the proposed contest. Our conclusion renders it unnecessary forus to consider the legalityof this contest under the gambling laws.

SUMMARY

Midwestern State University lacks statutory authority to cooperatewith 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 proceedswill be donated to that charity. A



# zzti

MARE WHITE AttorneyGeneral of Texas
JOHNW. FAINTER,JR. FirstAssistantAttorney General

RICHARD E. GRAY III, ExecutiveAssistantAttorney General Preparedby Jon Bible AssistantAttorneyGeneral

APPROVED: OPINION COMMITTEE
SusanL. Garrison,Chairman Jon Bible Rick Gilpin Jim Moellinger BruceYoungblood
p. 1999