HonorableJ. A. Hill, President West Texas State TeachersCollege Canyon,Texas
Dear sir: opinion No. O-1273
Re: Constructianof Senate Bills Nos. 28and 393, relatingto the authorityof various governing boards of institutionsof higher learningto erect buildingsand Issue bonds for the liquldsticn of the indebtednessincurred.
We have your letterof August 12, in which you rauest our opinionon the severalQuesticmspropounded,the first of which is-
Does the Board of Regents of the Texas State TeachersCollegeshave authority,tmder either or b&h of the above laws, to Issue bonds for the erectionof the variousApes of buildingsand facilitiesusually found on collegecampuses?If not, towhattype of buildingsis the Board restricted@?"
In our opinionSenate Bill#393 expresslysnd by implicationauthorizesthe erectionof buildingsand facilitiesusuallyfound on collegecampuses.The statutebefore us doesznotexpresslylimit the constructionof buildings to that $ype but enumeratessuch buildingsas dormitorigs,kitchens,dining halls, hospitals,libraries,activitybuildings,gymnasia,athleticbuildings, stadiq and -- such other buildingsas may --vv be needed for the good of the in- stitution--- and the moral welfareand social conduct-- of the students-- of stih institutions, all of which we thm indicatesthe intentto be that only such buildingsas are commonlyfound on campusesare authorizedto be cm- strutted.
Senate Bill #28 authorizesthe erection,completionand equippingof dormi- #,oies,cottagasor stadiums,which likewiseare generallyfound on college campuses. The only expressrestrictionappearingin either of the two bills is thst suchI&&iings must be revenueproduca and selfliquidating.Senate Bill#28, which providesfor the erectionof "cottages"does not define the term and we must assume under the rules of statutoryconstructionthat only such cottagesas are essentialto the furtheranceof the nu.M)sesofthe Institutionare Intendedto be authorizedunder this bill. HonorableJ. A. Hill, page #2 (O-1273)
Pour secondquestionis -
"If the Board has such authority,does the '25sof the local fund' clauseapply to all such buildingsor to those only which arementioned in Section1 of SenateBill #28?"
Section 3 of SenateBill #28 expresslyauthorizesthe Board to issue their obligationsin such sum or sums and upon such terms and conditions as to said Board may seem the erection,completionand aquippingof such dormitories,cottagesand stadiums,and to pledge the net rents, fees, revenuesand incomestherefromto the paymentof the interestand princi~elof said obligations.Section 1 thereofexpressly providesthat in the event the revenuesderived from such improvements are insufficientto meet the annual debt requirements, then and in that event the funds may be supplementedfrom local funds notexceeding 2% for:~apyflscdlyear.It is clear to us thXXeXiGority to use any part of the local funds for the p$+xe of paying obligationsincurredunder the aut.Gyais bill, aDpliesonly to such buildingsas are authorizedunder Senate Bill #28. It is well settledthat where the languageof a statuteclearlyand distinctlyrevealsthe legislative Intent,there is no authorizationto look elsewherefor the interpertation of such statute. The courtshave held that the legislativeintent in the pessageof an Act can not be acmstruedagainstnpecificlanguageused in the Act. See McCall vs. Lewis, 263 S. W.'325; Moody vs. San Saba County Water Control& ImprovementDistrictHo. 1, 293 S. W. 845.
You are, therefore,advisedthat in our opinionthe authorizationto use *25$ of the local funds" for the purposeof supplementing funds pledged to the paymentof bonds authorizedunder this title appliesonly to buildingswhich are mentionedin Section1 of Senate BU #28.
T" third questionwhich m propoundis as follows:
"Sincethe contentsof Section2 of Senate Bill #28 are not recited or