FVILI. WIJLSON

ATTORNEY GENERAL AUSTIX 11. TEXAS

December 6, 1961

Honorable Mack H. Hannah, Jr. Chairman,Hoard of Directors Texas Southern University Houston, Texas OpinionNo. ww-1213
Re: Whether Texas Southern University can acquire land for additional campus space under the terms of S. B. No. 296, Acts 57th Leg., R-S., Dear Mr. Hannah: 1961.

Your request for opinion from this office presents the followingquestions:

"1. Whether Texas SouthernUniversity can acquire land for additional campus space under the terms of Senate Bill 296, Acts of the 57th Legislature, Regular Session, 1961.
"2. If the question asked above is answered I

.n the affirmative, is this authority limitedby the terms of the Act mentioned above or by the terms of any other laws of the State of Texas."
Senate Bill 296 provides for certainbuildinguse fees in lieu of tuition fees, the anticipated income to be used to secure bonds and notes issued for the purpose of enlarging the physical facilities of the University. Section 3 of Senate Bill 296 provides in part as follows:

"The governingboard of the University is authorized to pledge the anticipated income from such fees to securebonds, warrants, or notes issued fan the purpose of acquiring, constructing,repairing, and equipping buildings and other permanent improvements and purchasing the necessary sites therefor,_.. .

Honorable Mack H. Hannah, Jr.,page 2 (w-1213)

and the governingboard is hereby granted the authority and power to issuebonds, warrants and notes for such purposes. . . ." (Emphasisadded) The phrase "permanentimprovements" is interpreted to include somethingdone to or put on the landwhich is not to be moved or carried away, either because it has become physically impossible to separate it from the land, or because, in contemplationof law, it has become annexed to the soil and is therefore to be considereda part of the freehold. 27 Am.Jur. 274, Improvements,Sec. 19. Constructionof classroom buildings or any other campusbuilding and the purchase of land for additional campus spacewould certainly comewithin this definition of permanent improvements". The land thus purchased need not be adjacent to the existing campus. Since SenateBill 296 gives authority to purchase the sites for these permanent improvements, your first question is answered in the affirmative,

As to your second questionwe callyour attention to Section 9 of SenateBill 296 as follows:

"ThisAct shall be cumulative of other Statutes and shall not repeal any existing Statutes;provided, that the issuance of bonds, warrants, or notes provided for in this Act shallbe governedby the provisions of this Act which shallbe exclusive,and the provisions of other laws relating to the issuance of bonds, warrants, or notes, or the collection or pledge of building-use fees, shallhave no application to the issuance of bonds,warrants, or notes as herein provided." Article 2643d authorizes Texas Southern University to constructand otherwiseacquire and equip buildings and structureswhich the Board of Directors deems proper or suitable for the studentsand faculty of the University. Section 3 of this statuteprovides that land ownedby the State of Texas or by the University may be used as building sites and grounds "for suchbuildings constructedor acquiredunder thisAct; provided that said Board is hereby authorized to acquire by gift, or by purchase out of funds derived from the sale of saidbonds, the saidbuilding sites and grounds.“Honorable Mack H. Hannah, Jr,, Page 3 !w-1213)

Article 2909c authorizes the institutionsof higher learning, includingTexas Southern University, to construct,acquire,7 improve and equip buildings and other structuresand additions to existingbuildings and other structures "andacquire land for said additions, buildings and other structures if deemed appropriateby said governing body."

It Is OUT opinion that SenateBill No. 296 does not affect or limit the powers grantedby Articles 2643d and 290%. However, it is also our opinion that the landwhich the University is authorized to acquire under these statutes, like Senate Bill 296, is limited to the sites and grounds for the buildings and structures constructed or acquired under the provisions of such statutesrespectively,

SUMMARY

Senate Bill No, 296 of the 57th Le islature (,Acts

57th Leg., R.S., 1961 7 authorizes thegoverningboard of Texas Southern tiniversity to acquire land for additional campus space. Senate Bill No. 296 does not limit the aut.hority

of the governingboard when said Board is actin fiunder the provisions ofArticles 2 43d or 2909c, to purchase sl.,es for the buildings or structuresauthorizedby these statutes.
Yours very t,ruly,

WILL WILSON

FDW:lgh:kh Assistant
APPROVBD:
OPINION COMMITTEE W. V. Geppert, ChairmanHonorable Mack H. Hannah, Jr., page 4 (w-1213)

Jay Howell Bill Allen PatBailey
REVIEXED FOR THE ATTORNEY GENERAL BY: Houghton Brownlee, Jr.