Texas Attorney General Opinion: MW-273 Page: 2 of 3
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Honorable Wilhelmina Delco - Page Two (MW-273)
The constitution provides that the funds generated by the tax are to be allocated
to these institutions for the twelve-year period beginning January 1, 1966, and for
succeeding ten-year periods. A complex formula is provided for the allocation of the
tax revenues during each ten-year period. During the first year of each ten-year
period, the comptroller is to allocate 85% of funds derived from the tax during that
period to the eligible state institutions then in existence. During the sixth year, he is
to allocate the remaining 15% to eligible state institutions then in existence. See
Attorney General Opinion H-1129 (1978). "All such designated institutions of higher
learning shall not thereafter receive any general revenue funds for the acquiring or
constructing of buildings or other permanent improvements for which said. . . ad
valorem tax is herein pmvided except in case of fire, flood, storm, or earthquake
occurring at any such institution. .. " Tex. Const. art. VII, 517. (Emphasis added).
We believe the quoted language means that institutions receiving allocations for
any ten-year period may not receive general revenue funds for construction for the
same ten-year period. The comptroller has a ministerial duty to allocate the available
funds. See Attorney General Opinion H-1129 (1978). Even though only a small amount
of money is available for allocation, the clear language of article VII, section 17, denies
general revenue construction funds to universities participating in that allocation. See
Carpenter v. Sheppard, 145 S.W. 2d 562 (Tex. 1940)
SUMMARY
Institutions which participate in the allocation of funds
under article VII, section 17 of the Texas Constitution may not
receive general revenue funds for construction for the same
ten-year period.
Very truly yours,
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Susan Garrison
Assistant Attorney Generalp. 870
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Texas. Attorney-General's Office. Texas Attorney General Opinion: MW-273, text, November 14, 1980; (https://texashistory.unt.edu/ark:/67531/metapth272118/m1/2/?q=Lamar+University: accessed June 9, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.