FVILI. WIJLSON 

ATTORNEY GENERAL 

AUSTIX 11. TEXAS 

December 6, 1961 

Honorable Mack H. Hannah, Jr. 

Chairman, Hoard of Directors 

Texas Southern University 

Houston, Texas 

Opinion No. 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 following questions: 

"1. Whether Texas Southern University 

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 limited by 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 certain buildinguse 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 governing board of the University 

is authorized to pledge the anticipated income from such fees to secure bonds, 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 governing board is hereby granted 

the authority and power to issue bonds, 

warrants and notes for such purposes. . . ." 

(Emphasis added) 

The phrase "permanent improvements" is 

interpreted to include something done to or put on the 

land which is not to be moved or carried away, either 

because it has become physically impossible to separate 

it from the land, or because, in contemplation of law, 

it has become annexed to the soil and is therefore to 

be considered a part of the freehold. 27 Am.Jur. 274, 

Improvements, Sec. 19. Construction of classroom 

buildings or any other campus building and the purchase 

of land for additional campus space would certainly 

come within this definition of permanent improvements". 

The land thus purchased need not be adjacent to the 

existing campus. Since Senate Bill 296 gives authority to 

purchase the sites for these permanent improvements, 

your first question is answered in the affirmative, 

As to your second question we call your 

attention to Section 9 of Senate Bill 296 as follows: 

"This Act 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 shall be 

governed by the provisions of this 

Act which shall be 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, shall have no application to the issuance of bonds, warrants, 

or notes as herein provided." 

Article 2643d authorizes Texas Southern University to construct and otherwise acquire and equip 

buildings and structures which the Board of Directors 

deems proper or suitable for the students and faculty 

of the University. Section 3 of this statute provides 

that land owned by the State of Texas or by the University may be used as building sites and grounds "for 

such buildings constructed or acquired under this Act; 

provided that said Board is hereby authorized to acquire 

by gift, or by purchase out of funds derived from 

the sale of said bonds, the said building sites and 

grounds.“ 
Honorable Mack H. Hannah, Jr,, Page 3 !w-1213) 

Article 2909c authorizes the institutions of 

higher learning, including Texas Southern University, to 

construct, acquire,7 improve and equip buildings and 

other structures and additions to existing buildings and 

other structures "and acquire land for said additions, 

buildings and other structures if deemed appropriate by 

said governing body." 

It Is OUT opinion that Senate Bill No. 296 

does not affect or limit the powers granted by Articles 

2643d and 290%. However, it is also our opinion that 

the land which 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 

statutes respectively, 

SUMMARY 

Senate Bill No, 296 of the 57th Le islature (,Acts 57th Leg., R.S., 1961 7 

authorizes the governing board of 

Texas Southern tiniversity to acquire 

land for additional campus space. 

Senate Bill No. 296 does not limit 

the aut.hority of the governing board 

when said Board is actin 

fi 

under the 

provisions of Articles 2 43d or 2909c, 

to purchase sl.,es for the buildings 

or structures authorized by these 

statutes. 

Yours very t,ruly, 

WILL WILSON 

FDW:lgh:kh 

Assistant 

APPROVBD: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 
Honorable Mack H. Hannah, Jr., page 4 (w-1213) 

Jay Howell 

Bill Allen 

Pat Bailey 

REVIEXED FOR THE ATTORNEY GENERAL 

BY: Houghton Brownlee, Jr.