Attorney General Opinion WW-0301

‘,.’ . ‘. Ausrxs aa. TEXAH November 18, 1957 Dr., J. W. Edgar Opinion No. WW-301 State Commissioner of Education Re: Whether A. & M. College System Austin; Texas lands may be classified as State University owned land within the meanin i! of Section 5 of Arti- cle 2922-l of Vernon's Civil ' Dear Dr. Edgar: Statutes. We quote from your request for an opinion as follows: "The third paragraph of Section 5 of Article 2922-16 Vernon's Civil Statutes, as amended Acts 195%; 5&d Legislature, 1st Called Session, lden- tical prior to its amendment, provides in part as follows: ml Provided, however, that In any district containing State University-owned land amount assigned to such school district h&i r reduced in the proportion that the area included in the above-named classification bears to the to- tal area of the district. . . .I "See also the tenth paragraph, subsection (3) of Article 2922-16. "It has been certified for purposes of 1957- 58 local fund assignment-allocation of the above 8 uoted law that A. & M. College of Texas comprises .53 square miles of 'University land (Texas A.~& M.)' land which is located within the boundaries of A. & M. Consolidated School District whose total area is 65 square miles. Op the basis of .this cer- tification,,the school district is claiming .eligL bility for a 13.123 percent reduction in its 1957- 58 local fund assignment, which would approxmlate a $2 c 572 credit this'year. We are advised and admi ted that the 8.53 square miles comprise campus lands, and local land under the jurisdictionand control of A. & M. College. In short, .lt i-s.land .,~,owned'by the State of Texas for the use and benefit of A. & M. College, located within the above men- tioned school.p+strict. . . .m Dr. J; W. Edgar, page 2 (WW-301) Section 13. of Article VII of the Constitution of Texas makes the Agricultural and Mechanical College of Texas a branch of the University of Texas, Section L5 of Article VII of the Constitution sets apart and appropriates "for the endowment, maintenance and support of said University and Its branches, one million acres of unappropriated public domain of the state." !Lhe lands so set apart were,in addition to those theretofore set apar,t to the University. Although the Agricultural and Mechanical Col1ege.i~ a constitutional branch of the University of Texas, the former institution is governed by its own Board of Directors. The .Roard of Regents of the University of Texas i,s the governing authority for ,the University System and of the permanent fund of the University of Texas. The permanent fund Includes all of the lands and public domain set apart and appropriated for the University and Its respective branches. The available Uni- versity Fund received from the Permanent University Fund is divided between the University of Texas and the Agricultural and Mechanical College, the former receiving two-thirds and the latter one-third of the net fund. Section 5 of Article 2922-16 provides ti substance that a school district which contains "State University-owned, land* shall be entitled to a reduction in its local fund as- signment "in the proportion that the area included in the above- named classification bears to the total area of the district. w The A. & M. Consolidated Independent School District hai ipplled'for a.reduction in its local fund assignment be- cause 'of A. & M. College lands which are located within the lim- its of the school district. The question before us Is whether such lands are "State University owned" lands within the meaning of Section S.of Article 2922-16. We~are advised by the University of Texas that the foregoing campus lands are not a part of the endowment lands of the University of Texas. The Board of Regents of the University of Texasexercises no control or supervision over said lands or any port&on thereof. In fact, the Board of Mrectors of A. & M. College is authorized by Article 2613a of Vernon's Civil Stat- utes, to purchase, sell or lease lands for campus purposes. The lands so acquired are under the exclusive jurisdlct+on and con- trol of the Board of Directors. Article 2922-16 was enacted in 1949 by Acts of the 5lst Legislature. You advise in your request that the Education Dr. J. W. Edgar, page 3 (WW-301) Agency has consistently interpreted the phrase "State Unlverslty- owned land", as used therein, as Including only the campus and endowment lands of the University of Texas which are actually under the jurisdiction and control of the Board of Regents of the University. The calculation of local fund assignments has been in accordance with such administrative construction since 1*9* The Legislature has convened a number of times subsequent to this date and by its failure to clarify .or amend the language of the subject statute, has by implication indicated its appro- val of the construction which had been given same. The Courts will ordinarily adopt and uphold a construc- tion placed upon a statute by an executive officer or .department charged with its administration, If the statute is ambiguous or uncertain and the construction so given it Is 'reasonable. 3$ Tex.Jur. 236 and cases there cited. We believe that the language of the statute is uncer- tain and .that the construction given same by the Education Agency Is reasonable. You are therefore advised that landb of the Texas Agrl- cultural and Mechanical College, under the facts stated, are not State University-owned land.withln the meaning of Section 5 of Article 2922~16 of Vernon's Civil Statutes. ColIege lands of the Agricultural and Mechanical College, under the facts stated are not State Univer- sity-owned land within .the me a&g of Section 5 of Article 2922-16,of Vernon's Civil Statutes. Very truly yours, WILLWILSCB Attorney Gsneral of. Texas w g-$&ddzQT/ Leonard Passmore Assistant LPXpfrwb Dr.-J. W. Edgar, page 4 (WW-301) APPROVED: OPINION COMMITTEE Geo. P. Rlackburn, Chairman J. ,Mark McLaughlin C. K. Richards ~~.'~rletta,.McGregor, Payne REVIEWED FOR TIIE'ATTORNEY GENERAL By: 'James N. Ludlum