# The Attorney General of Texas March 16, 1984 JIM MATTOX Attorney General

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An Equal Opportunity/ Affirmative Action Employer HonorableL. J. Lacina. Jr. WashingtonCountyAttorney Courthouse Brenham,Texas 77833 OpinionNo. .JM-139 lte:Authority of junior college to lease its football stadium to an independentschooldistrict 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 IndependentSchoolDistrict. Your specificquestionsare as follows:

(1) Is the leasing by Blinn College of its football stadium to the Brenham IndependentSchool District for football games a junior college purposewithin themeaning of 130.124of the Texas EducationCode? (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 IndependentSchoolDistrict track programs? Section 130.124of the EducationCode provides:

(a) A junior college district facility constructedwith student feesmay be used only for junior college purposes. (Emphasisadded). The attorney for Blinn Collegehas informedus 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 SchoolDistrict only if such an arrangement servesa "junior collegepurpose."

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The legislaturehas declared junior colleges tobe "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 shallbe 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) freshmanand sophomorecourses in arts and sciences; (4) continuing adult education programs for occupationalor culturalupgrading; (5) compensatory education programs designed to fulfill the commitment of an admissionspolicy allowing the enrollmentof disadvantagedstudents; (‘3) a continuing program of counseling and guidance designed to assist students in achieving their individualeducationalgoals;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. (Emphasisadded). 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 resolutionwhich reads, in pertinentpart:

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

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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 (BlinnCollege). That in the event that the Board of Trustees of The Junior College District of Washington County (Blinn College)would be requestedby 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 Collegepurpose within themeaning 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 (BlinnCollege). Thus, theboard of trusteeshas prescribed that the leasing of Spencer Field to the Brenham IndependentSchoolDistrict constitutesa "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 SchoolDistrict 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 schooldistrict. 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~legemay lease its stadium to the district under section 130.024of the EducationCode.
Very trulyyou , 

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JIM MATTOX . Attorney General of Texas

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TOMGREEN FirstAssistantAttorney General DAVID R. RICHARDS ExecutiveAssistantAttorney General Preparedby Rick Gilpin AssistantAttorney General APPROVED: OPINION COMMITTEE Rick Gilpin. Chairman David Brooks Colin Carl Susan Garrison

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