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### April6, 1959

Dr. J. W. Edgar Commlsslonerof Texas Educat,ton Austin,Texas

Dear Dr. Edgar: Education

Agency OpinionNo. WW-590

Re: Whether the procedure followedby the Texas EducationAgency In admlnlstratlonof local fund assignments is in compliancewith the requirementsof Section 

### 5 of Art1cl.e

2922-16, Vernon's Civil Statutes. We quote from yoursrequest for an opinion as follows: "The second'paragraphof Sec~tion 5 of Article 2922-16, reada ln part as follows: 'Provided,however, that In any district containing StateUniversity-ownedland,
. . . the amount (local fund assignment)assigned to such schooldlstrlct shallbe reduced in proportion that the area included In the abovenamed classificationbears to the total area o,f the district.
. . .I "In further connection therewith said Section 

### 5 provides In part: 'TheCounty Tax Assessor-Collectorin each county, . . . shall certify to the State Comnlissioner of Education
. . .not later than December 1st of each year, the following information:
. . . l(3) The area within each school district comprised of State University-ownedland,
. . .I "The exhibCts attached,heretohave been prepared to serve as informationand other purposes concerningthe manner in which this Agency since 1949-50 and through the schoolyear 1958-59has processed local fund assignment,reductionadjustments for schooldistricts certifiedbyDr. J. 

### W. Edgar,page 2 (WI?-590)

County Tax Assessor-Collectorsas containing State University-owned lands and In many other Instances State college-owned lands." The various exhibits attached to your request indicate that the Texas Education Agency has allowed an adjustment In local fund assignments for all lands reported as State University-owned land, endowed or otherwise,which is the property of the University of Texas. The exhibits further show that adjustments have been disallowed for lands held by other institutions of higher learning.

We believe the procedure followed to be correct. As we pointed out In Attorney General's Opinion

### WW-301 (1957),the phrase "StateUniversity-owned land" includes the campus and endowment lands of the University of Texas. We think the phrase would also include any lands owned by the University of Texas and under the jurisdiction of the Board of Regents of the University of Texas,wherever situated and how so ever acquired. We do not believe, however, that the phrasewould Include any lands held by other State institutions of higher learning. A careful study of your request, togetherwith the exhibits attached thereto, indicate that you have followed this construction of the law in making local fund assignments.

You are therefore advised that your administration and constructionof Section 

### 5 of Article 

### 2922-16,Vernon's Civil Statutes, Is in compliancewith the intendment and requirements of the law as above set forth. SUMMARY The Texas Education Agency is complying with the intendment and re uirements of Section 

### 5 of Article 2922-l% of Vernon's Civil Statutes, in making local fund assignments to school districts.

Very trulyyours, WILL WILSON Attorney General of Texas By g!!L--w-** Leonard Passmore Assistant LP:mgDr. J. W. Edgar, page 

### 3 (WW-590)

APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman Marvin H. Brown, Jr. Thomas Burrus Jot Hodges, Jr. W. Ray Scruggs REVIEWED FOR THE ATTORNEY GENERAL By: W. V. Qeppert