### T

June 20, 1952

Hon. R. C. Lanning OpinionNo. 

### V-1467 Chairman State Board of Cantxol Re: Legality of purchasing Austin, Texas schoolbusses and tires and tubes for the Pan American College, Edinburg, through the State Dear Sir: Board of Control.

You have requested an opinion on the following question:

"May or must the State Board of Control purchase school busses and tires and tubes for the Pan American College?" The Pan American College~was establishedpursuant to the provisions of Article 

### 2815t,V.C.S. providing for the creation and regulation of regional junior college districts.

Article 

### 634,V.C.S., provides: "TheBoard of Control shall purchase all the suppliesused by each Department of the State Government, including the State Prison System, and each eleemosynary institution, Normal school,Agriculturaland Mechanical College, University of Texas, and each and all other State Schools or Departments of the State Governmentheretofore or hereafter created. Such supplies to include furniture and fixtures, technical instrumentsand books, and all other things required by the differentdepartments or institutions,except strictlyperishablegoods.'
It is our opinion that Article 

### 634was not intended to include collegeswhich are supportedmainly by local tax levieswithin the class of educational institutions which must purchase their equipmentand suppliesthrough the Board of Control.Hon. R. C. Lanning, page 2 

### (V-1467)

The only other statutewhich authorize the purchase of these busses might possibly and equipment through the Board of Control is Article 634(B),V.C,S., which provides in part:

"Allmotor-vehiclesused for transporting school children, includingbuses, bus chassis, and bus bodies, tires and tubes, purchased for or by any school districtparticipating in the Foundation School Program, shall, be purchased by and through the Board of Control..." Article 634(B), is a part of the Foundation School Program Act (S.B. 

### 116,Acts 51st Leg., R.S. 1949, 

### ch. 334, P. 

### 625),which applies only to Texas public school districtsas distinguieshedfrom schools of higher education. Article 2922-11,V.C.S. The ,Boardof Control’s authority to purchase school busses and equipment for school districts is limitedby the provisions of Article 

### 634(B). Under its provisions the Board of Control can only purchase busses for school districts "participating in the Foundation School Program." The Pan American College cannot participate in the~FoundationSchool Program since such program is not applicable to universities, colleges, and other s~chools of higher education.
It is an,establishedrule that public officers and governmentalagencies possess only~ such powers as ,are conferredupon them by law or are necessarily iawlied from the powers so confer~red.Andersonv. Houchins, 99 S.W.2d 1029 (Tex.Civ. App. ,lgm; E3ryan v. sundaerg, 5 Tex. 418 (1849).

It is therefore our opinion that the Board of Control has no authority to purchase school busses, tires, and tubes for the Pan American College.

The Board of Control does not have authority to purchase schaol busses, tires, and tubes for the Pan American College established pursuant to Art. 

### 2815t,V.C.S. since this college is not a "State school within the meaning of Art. 

### 634,V.C.S., and since it does not participate in the Foundation School Program and therefore does not comewithin the provisions of Art. 

### 634 (B),V.C.S.Hon. R. C. Lannlng, page 

### 3 (~44 ’67)

APPROVED:
J. C. Dqls, Jr. County Affairs Didslon Mary K. Wall Revieting Assistant Charles D. Mathews First Assistant Yours verytruly,
PRICE DANIEL Attorney General

teL?k JohnReeves Assistant

JR:am