THEATTORMCY GENERAL
OF TEXAS
HonorableT. M. Triniole Fir4t AssistantState Superintendent Austin,Texas
Dear Sir: opinionNo. O-1075 Re: Whet ie meant by the phrase, "purchasing school end gymnaeiumequipment?"
Th% will acknowledgereceiptof your letterof June.30,1939, which letter is as follows:
'The Cee Vee Rural High School ConsolidatedDistriotvoted e bond issue of $5,000 for the purposeof constructingpermanent repairs to sohoolbulldingeend purchasingschool endgyamssium equipmentwithin the limitsof the said district.
"At the requestof Miss BeatrixCobb, County'Suparintendent of Cottle County,we would like for you to definewhat is msent by the phrase, "purchasingschool end gymasiumequipment."
In reply to the above request,this is to advise that we have made an independentinvestigstion of the bond issue in quastionand find from the transcriptthat the bonds were issued:
"For the purposeof constructingpermanentrepairsto school buildingand purchasingschool and gymnasiumequipment,within the limitsof said districtI)
We further learnedfrom the investigation made that the permanentrepairs of the buildingshave alreadybeen made, and we come now to considerwhat may be purchasedwith those funds now on hand "Promthe .$bond issue as covering"purchasingschool and gymnasiumequipment,"
In our researchwa do not find that $he courtsof the State of Texas have ever passed upon the questionof what constitutesschool "equipment,"and the nearest oase with respecttheretoas passed upon by the courtsof Texas is the case of McGee $s. FranklinPublishingCompany, 39 S. W. 335, and in the case the questionof the term "furniture"was defined,and the court had thisto say:
"The term 'furniture'used in the statuteswas evidently intendedto embraceonly such articlesas where generally understoodto be in-generaluse in schoolhouses as a part of the furnitureof the house as distinguishedfrom appliances Hon. T. M. Trimble,Page 2 (O-1075)
We, however,feel that "purchasingschool and gymnasiumequipment,"es ia set out in the case now under discussionis broaderthan the term "eurniture" and could be used in e broader sense than appliancesor apparatusas used in the case just above quoted.
Being withouta Texas case in point as we found It to be, searchwas made elsewhere,end we come now to the variousBefinitions'ofequipwrites have been used by the courts of other states:
"Equipmentof en institutionmeans the visible,tangible furniture,fixturesend apparatuson the premiseswhich are usual and necessaryfor the operationthereinconducted." Baltimorev. St. PetersAcademy,50 Md. 321.
"Equipmentin a hospitalmeans everythingrequire.;to convert an empty buildinginto a hospital." BouviersLaw Diet.,Volume 2, p. 1055.
In quotingfrom the SupremeCourt of Indiana,the Waco Court of Civ/l apPeala has this to say with referenceto equipmentof an automobile:
'she term 'equipment'within a policy insuringagainstloss on the body, machinery,and kQuipm.entofan electrioautomobile means whatever is needed for efficientactionor service in connectiontherewith,end thereforeincludede rectifi&r?which was kept in the garage and used for the purposeof chargingthe electricautomobilewith.electricity,, it being necessaryto operationof such automobilethat it Shouldbe chargedwith electricityat stated times.! Irwin v. Auto Finance,40 S. W. , (2a) 871.
We believethat the languageof the oourt in taking of a similarmatter coveredthe questionnow to be passed upon, and we quote from the opinion:
"It is contendedthat the term '5quipment'coversfurniture, furnishings,and portableproperty,and not such articles or improvementsas when installedbecome a pert of the schoolbuilding. It'is true that some authorities,in defining ' equipment,'restrict,theimportof the term to articlesof this character. Others,however,give it a broadermeaning. Webster, in definingthe