The Attorney General of Texas 

March 16, 1984 

JIM MATTOX 

Attorney General 

Supreme Court Bullding 

P. 0. Box 12546 

Austin, TX. 70711.2546 

512/475-2501 

Telex 9101674.1367 

Telecopier 512/475-0266 

714 Jackson. Suite 700 

Dallas, TX. 75202.4506 

2141742-6944 

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El Paso, TX. 79905.2793 

915/5333464 

r x)1 Texas, Suite 700 

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Lubbock, TX. 79401.3479 

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San Antonio, TX. 76205.2797 

512/2254191 

An Equal Opportunity/ 

Affirmative Action Employer 

Honorable L. J. Lacina. Jr. 

Washington County Attorney 

Courthouse 

Brenham, Texas 77833 

Opinion No. .JM-139 

lte: Authority of junior college 

to lease its football stadium to 

an independent school district 

Dear Mr. Lacina: 

You have asked whether Blinn College, a public junior college 

operated by the Washington County Junior College District, may lease 

its football stadium to the Brenham Independent School District. Your 

specific questions are as follows: 

(1) Is the leasing by Blinn College of its 

football stadium to the Brenham Independent School 

District for football games a junior college 

purpose within the meaning of 130.124 of the Texas 

Education Code? 

(2) Does section 130.124 of the Texas 

Education Code prohibit Blinn College from 

continuing its commitments under existing 

contracts and/or policies for the use of its 

facilities for University Interscholastic League 

events and programs, and for the Brenham 

Independent School District track programs? 

Section 130.124 of the Education Code provides: 

(a) A junior college district facility 

constructed with student fees may be used only for 

junior college purposes. (Emphasis added). 

The attorney for Blinn College has informed us that "a majority, 

if not all, of the money used to construct Spencer Field," the 

college's football stadium, "was student fees." Thus, Spencer Field 

may be leased to the Brenham Independent School District only if such 

an arrangement serves a "junior college purpose." 

p. 592 
. . 

Honorable L. J. Lacina, Jr. - Page 2 (JM-139) 

The legislature has declared junior colleges to be "comprehensive 

community colleges." Educ. Code 0130.005. Section 130.003(e) of the 

Education Code states that 

[t]he purpose of each public community college 

shall be to provide: 

(1) technical programs up to two years in 

length leading to associate degrees or 

certificates; 

(2) vocational programs leading directly to 

employment in semi-skilled and skilled occupations; 

(3) freshman and sophomore courses in arts and 

sciences; 

(4) continuing adult education programs for 

occupational or cultural upgrading; 

(5) compensatory education programs designed 

to fulfill the commitment of an admissions policy 

allowing the enrollment of disadvantaged students; 

(‘3) a continuing program of counseling and 

guidance designed to assist students in achieving 

their individual educational goals; and 

(7) such other purposes as may be prescribed 

by the Coordinating Board, Texas College and 

University System, or local governing boards, in 

the best interest of post-secondary education in 

Texas. (Emphasis added). 

The lease of Spencer Field to the school district clearly does 

not further any of the first six purposes listed in subsection (e). 

Thus, the question is whether said lease is authorized by subsection 

130.003(e)(7). 

On January 27, 1984, the board of trustees of the Washington 

County Junior College District unanimously adopted the following 

resolution which reads, in pertinent part: 

Be it Resolved as follows, to-wit: 

That the use and/or leasing by The Junior 

College District of Washington County (Blinn 

College) of its facilities for UIL events and 

p. 593 
Honorable L. J. Lacina, Jr. - Page 3 (JM-139) 

programs and for the conducting of the Brenham 

Independent School District track program by the 

Brenham Independent School District Is a Junior 

College purpose within the meaning of Section 

130.003(e)(7) of the Texas Education Code and is 

in the best interest of The Junior College 

District of Washington County (Blinn College). 

That in the event that the Board of Trustees of 

The Junior College District of Washington County 

(Blinn College) would be requested by the Brenham 

Independent School District to lease its football 

stadium to the District for its home football 

games, and if the Board of Trustees should decide 

to lease the same to the District, either on a 

long term or temporary basis, said leasing as 

herein set out is a Junior College purpose within 

the meaning of Section 130.003(e)(7) of the Texas 

Education Code and is in the best interest of The 

Junior College District of Washington County 

(Blinn College). 

Thus, the board of trustees has prescribed that the leasing of Spencer 

Field to the Brenham Independent School District constitutes a "junior 

college purpose" under section 130.003(e)(7) of the Education Code. 

In addition, there is clearly a close relationship between Blinn 

College and the Brenham Independent School District that supports the 

board's finding. We conclude that Blinn College is authorized under 

section 130.024 of the Education Code to lease its stadium to the 

school district. 

SUMMARY 

Since the Board of Trustees of the Washington 

County Junior College District has declared the 

leasing of the Blinn College Football stadium to 

the Brenham Independent School District to be a 

"junior college purpose" under section 130.003 

(e)(7) of the Education Code, Blinn Col~lege may 

lease its stadium to the district under section 

130.024 of the Education Code. 

Very truly you , Lk m 

JIM MATTOX . 

Attorney General of Texas 

p. 594 
Honorable L. J. Lacina. Jr. - Page 4 (JM-139) 

TOMGREEN 

First Assistant Attorney General 

DAVID R. RICHARDS 

Executive Assistant Attorney General 

Prepared by Rick Gilpin 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Rick Gilpin. Chairman 

David Brooks 

Colin Carl 

Susan Garrison 

p. 595