. 

April 6, 1959 

Dr. J. W. Edgar 

Commlssloner of 

Texas Educat,ton 

Austin, Texas 

Dear Dr. Edgar: 

Education 

Agency 

Opinion No. WW-590 

Re: Whether the procedure 

followed by the Texas 

Education Agency In 

admlnlstratlon of local 

fund assignments is in 

compliance with the requirements of Section 5 

of Art1cl.e 2922-16, 

Vernon's Civil Statutes. 

We quote from yours request for an opinion as follows : 

"The second'paragraph of Sec~tion 5 of Article 

2922-16, reada ln part as follows: 

'Provided, however, that In any district 

containing State University-owned land, . . . 

the amount (local fund assignment) assigned to 

such school dlstrlct shall be reduced in proportion that the area included In the abovenamed classification bears to the total area o,f 

the district. . . .I 

"In further connection therewith said Section 

5 provides In part: 

'The County Tax Assessor-Collector in 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-owned land, . . .I 

"The exhibCts attached,hereto have been prepared to serve as information and other purposes 

concerning the manner in which this Agency since 

1949-50 and through the school year 1958-59 has 

processed local fund assignment, reductionadjustments for school districts certified by 
Dr. J. W. Edgar, page 2 (WI?-590) 

County Tax Assessor-Collectors as 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 "State University-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 phrase would Include any lands held by other State 

institutions of higher learning. A careful study of your 

request, together with 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 construction of Section 5 of Article 2922-16, Vernon's 

Civil Statutes, Is in compliance with 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 truly yours, 

WILL WILSON 

Attorney General of Texas 

By g!!L--w-** 

Leonard Passmore 

Assistant 

LP:mg 
Dr. 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