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OFFICE OF THE ATTORNEY fiENERAL OF TEXAS 

AUSTIN 

Honorable CllfforU B. Jones, President 

Texas Teohnologioal a0110ge 

I Lubbook, Texas 

Dear Sirr 

opir@-+-$98 

..__ 

outo a. market 

ir in about 

From the marketing oontraot you anoloeed we quotm oertab pertinent provie$oner 

fmuuwrIN0 a'omaT 

OF TIi8 

TEXAS CERTIFIED SEE9 OROWERS ASSOCIATION 

"The Texas aertlfled Seea bowsrs IlssOoiPtion, 

a non-profit, co-operative-~sooiation, with its 
.orable Clifford B. Jones, page 2 

prinolpal. office and place of buslnees at Lubbock, 

in Lubbook County, Taxaa, herearter referred to a* 

*&eoolatlon9 and the undersigned, hereinafter refarred to as 'Breedar'. AGREE: 

0. . . 

"2. The Breeder agrees to deliver to the Aasoolation all of eaoh variety of State Certlfle& 

Grain Sol’ghum Seed now on hand or produoed by him 

or for him or aoqulred by him aa landlord or tenant for ten (10) orop years from and artier date of 

thle oontraot. 

". . . 

". . . 

*b. Title to such Grain 80rghusu Seed shall 

pase to the Association upon delivery. The &soolatlon may borrow money and pledge the.Graln 

Sorghum Seed or other asseta a8 seourlty for loam. 

"5. The Asaoolation shall re-sell aald Grain 

Sorghum Seed as it deems best under market oonditlons, and shall deduot from the prooeeda of sale 

thereof, f'relght, lnsuranoe, storage and interest, 

aa roll aa the cost of operating and maintaining 

the Aseoolatlon, and in addition thereto, in ths 

dlaoretlon or the,Board of Dlreotors reserves not 

to sxoeed fire (5) per oent of the gross re-sdle 

prloo or aata Grain Sorghum Sesd. All reserves 

shall beoome a permanent oontlnulng fund of the 

Asroolatlon, unleea distributed as and when oonolwlrelg determined by the Board of Blreotors; and 

eaoh member*a lnteiest in such Res4ne fund shall 

be in prop~rtlon to his oontrlbution thereto as 

approved by the Board of Directors. The Breeder 

agrees that reserves deduoted under any previous 

marketing oontraot betwen him and the Asaoolatlon 

shall hereby beoome subjeot to the proVisions of 

this oontraot. 

". . . 

". . . 
Honorable Cllrtord B, Jonas, page 3 

". . . 

"9. Ir ror any rsason the Breeder falls or reruses to dsllver all or his State Csrtlfled Grain 

Sorghum Seed oovered by this oontraot as herein provided, or sells any State aertlried Seed as individual property or rails to report sales and to deliver 

prooruls of Sales to Assoolation Seoretazy, then and 

in that eYsnt he shall be held to have braaohad his 

oontraot and shall pay to,the Assoolatlon liquidated 

damages in the sum or 250 per bushel on all Grain 

Sorghum Sesd withheld or sold, and a reasonable attorney roe and oosts or stilt, whlah shall be due and 

payable at Lubbosk, Lubbook Oounty, Texas. Breeder 

rurthermore agrees in this ease to surrender his 

lloense to the State Seed ana Plant Board and diaoontlnue &rowlng State Csrtlfled Seed, and must raturn all unused Assoolatlon Brand Bags to Assoolatlon 

at prevallIng.prIoe of bags at the time. 

*. . . 

* * 

We haYe examined the statute8 oreating and alieotlllg the 

College and wa.ara of the opinion the Board of Regen;; ;; :~PI& 

authority to enter into the oontraot you enolosed. 

~_

that Artlole 2629 authorlses the College to 61~0 lnstrustlon in 

a&rloultural pureults, and Artlola 2631 make8 it the duty or the 

%oard to provide the raollltles that ~111 enable the student body 

to pursue oourses in tarm husbandry. These statutes do, or ooursa, 

authorize the College to mske it possible for the students to do 

orlgina ana rasearsh work ln agrioulture, such a8 the breeding 

and msrkatlng of sorghum seed. It is a wholly differant matter, 

horefer, when it is proposed In oonneotlon with that authorized 

Collage astIYlty to enter into a ooutraot with a prIYate agenop 

tar the marketing or Gollege or State property. ~Rspeoial.Iy ls 

this true when the contract oontains 8 provlslonr.for liquldated 

damages and attorneys roes, or provides ror a oo~miss~on not axseeding flvs per sent ior the private oonoern18 serrloes. 

It seems to be will settled in Texas that uniYersitie8 

aad aollages, like othar oorporations, haYe 01ilJi such powers as 

are @ante& in their oharters or by goYsr&tg StatuteS. R. B. 

:, Spenoer a CO. Y. Thorp Springs Christlen College, 41 S.w. (26) 

482; 42 Tex. JUT., p. 821, sea. 4. 
Honorable Clifford 8. Jones, pago 4 

oolleges and unlverslor a stats oollege are 

ars purely creatures 

or the constitution and laws or Texas. The only powers or oharters they oan have are those granted by the Lsglslaturs. Splawn 

t. Woodard, 287 S.W. 677; 42 Tax. Jur., p. 822, sea. 5. 

?lnally, ws point out that stats offloers oan make no 

binding oontraot without prstlous authority oonferred by law. 

State Y. Perlsteln, 79 8.W. (2d) 143; 38 Tex. JUT., p. 840, sea. 22. 

Sinoo uw hate oonsluded them Is no statutory authority 

for it, ws advise the College should not exeoute the oontraot. 

Very truly yours, 

ATTORNEY GENERAL OF TEXAS 

By 6*7+ 

Elbert Hooper 

Ast3lstant 

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