T 

June 20, 1952 

Hon. R. C. Lanning Opinion No. V-1467 

Chairman 

State Board of Cantxol Re: Legality of purchasing 

Austin, Texas school busses 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 established pursuant 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: 

"The Board of Control shall purchase all 

the supplies used by each Department of the 

State Government, including the State Prison 

System, and each eleemosynary institution, 

Normal school, Agricultural and Mechanical 

College, University of Texas, and each and all 

other State Schools or Departments of the State 

Government heretofore or hereafter created. 

Such supplies to include furniture and fixtures, 

technical instruments and books, and all other 

things required by the different departments or 

institutions, except strictly perishable goods.' 

It is our opinion that Article 634 was not intended to include colleges which are supported mainly by local 

tax levies within the class of educational institutions 

which must purchase their equipment and supplies through 

the Board of Control. 
Hon. R. C. Lanning, page 2 (V-1467) 

The only other statute which 

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: 

"All motor-vehicles used for transporting 

school children, including buses, 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 districts as distinguieshed from schools of higher 

education. Article 2922-11, V.C.S. The ,Board of Control’s 

authority to purchase school busses and equipment for 

school districts is limited by 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~Foundation School Program since such program is not applicable to universities, 

colleges, and other s~chools of higher education. 

It is an,established rule that public officers 

and governmental agencies possess only~ such powers as ,are 

conferred upon 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 come within 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 very truly, 

PRICE DANIEL 

Attorney General 

teL?k 

John Reeves 

Assistant 

JR:am