THEA'ICTORNEYGENERAL 

OF TEXAS 

AURTIN. TNGXAS 78711 

February 14, 1977 

The Honorable Charles LeMaistre Opinion No.. H-943 

Chancellor 

The University of Texas Re: Operation of the 

601 Colorado Street Texas Medical Center 

Austin, Texas 78701 Central Heating and 

Cooling Services 

Cooperative Association. 

Dear Chancellor LeMaistre: 

You have requested our opinion regarding the operation 

of the Texas Medical Center Central Heating and Cooling 

Services Cooperative Association. Article 4447r, V.T.C.S., 

permits certain "eligible institutions" to form a cooperative 

association for the purpose of providing a centralized 

system of heating, cooling, laundry and other services at 

the Texas Medical Center in Houston. "Eligible institutions" 

is defined to include only "health-related state-supported 

institutions . . . and nonprofit health-related institutions. . . ." 

Sec. 2(l). Among other powers, the cooperative association 

so formed is authorized 

to acauire. own. and operate a system or 

systems on.a cooperative basis solely 

for the benefit of the eligible 

institutions whiz are members of the 

association . . . .Sec. 3(l). 

-- 

(Emphasis 

added). 

You'ask whether the Texas Medical Center Heating and Cooling 

Services Cooperative Association, a cooperative association 

established pursuant to article 4447r, V.T.C.S., may furnish 

services to an "eligible institution" which is not a member 

of the Association. 

p. 3941 
The Honorable Charles LeMaistre - page 2 (H-943) 

In our opinion, the statute's use of the term "solely" 

prohibits the Association from providing services to any 

institution which ,is not a member thereof. You have not 

suggested that the furnishing of services to non-members 

would be of no benefit to them. A Texas court has held 

that "solely" 

has a definite meaning. It is defined by 

the Century Dictionary as: 'Singly; alone: 

only; without another.' Consolidated 

Underwriters v. Wilson, 111 S.W.2d 865, 866 

(Tex. Civ. ApE -- Texarkana 1937, writ dism'd). 

See also Standard Life & Accident Insurance Co. v. Roberts, -- -- 

318 S.W.2d 757, 761 (Tex. Civ. App. -- AmariE m58, writ 

dism'd). Other courts have added that "solely" means "to 

the exclusion of other purposes, persons, etc.; merely; 

entirely; wholly. . . ." Bergsvik v. Bergsvik, 291 P.2d 724, 

730 (Ore. 1955). And the United States Supreme Court has 

held that the use of "'[slolely' leaves no leeway." It 

means "exclusively." Helverinq v. Southwest Consolidated 

Corp., 315 U.S. 194, 198 (1942);?tockt;n2{ai;;r Industrial 

co. v. Comm'r of Internal Revenue, 216 . , 6 45 (9th 

Ez.7954) - 

By contrast, article 1396-50.01, V.T.C.S., the Cooperative 

Association Act, states only that the purpose of a cooperative 

association formed thereunder shall be "for the primary and 

mutual benefit of the members of the association." Sec.7 

(Emphasis added). And article 5740, V.T.C.S., which deals 

with agricultural marketing associations, specifically 

provides that "any . . . activities may extend to nonmembers. . . ." 

In contrast to the language used in other cooperative 

association statutes, article 4447r permits the operation of 

the association "solely for the benefit of . . . members. . . ." 

Sec. 3(l). "Solely" has a clear and well-defined legal 

meaning, and the Legislature must be presumed to have carefully 

chosen the statutory language. It is therefore our opinion 

that the Texas Medical Center Central Heating and Cooling 

Services Cooperative Association may not furnish services to 

non-members. 

p. 3942 
The Honorable Charles LeMaistre - page 3 (H-943) 

SUMMARY 

A cooperative association established 

pursuant to article 4447r, V.T.C.S., such 

as the Texas Medical Center Central 

Heating and Cooling Services Cooperative 

Association, may not furnish services to 

non-members. 

Very truly yours, 

Attorney General of Texas 

APPROVED: 

, 

Opinion Committee 

p. 3943