Texas Attorney General Opinion: LO96-106 Page: 2 of 3
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Mr. Lawrence R. Jacobi - Page 2
It is well established that the disposition of state-owned land is a matter over which the
legislature has exclusive control, and the power of a state agency to convey state property may be
exercised only under the legislature's authorization. Lorino v. CrawfordPacking Co., 175 S.W.2d
410, 414 (Tex. 1943); Conley v. Daughters of the Republic, 156 S.W. 197, 200 (Tex. 1913);
Attorney General Opinion JM-1242 (1990) at 4-5. Courts and this office have required strict
compliance with the terms of legislative authorization for the conveyance of land. See, e.g., State v.
Easley, 404 S.W.2d 296, 298-99 (Tex. 1966); Wilson v. County of Calhoun, 489 S.W.2d 393, 397
(Tex. Civ. App.-Corpus Christi 1972, writ ref'd n.r.e.); Attorney General Opinions JM-1242 (1990)
at 4-5, MW-62 (1979) at 1, and V-320 (1947) at 1-2. We believe that statutes authorizing acquisition
must also be strictly construed.
Section 402.094 of the Health and Safety Code sets out the authority's power with respect
to acquiring real property.' It provides:
(a) The authority may acquire by gift, grant, or purchase any land,
easements, rights-of-way, and other property interests necessary to
construct and operate a disposal site.
(b) The authority must acquire the fee simple title to all land and
property that is a part of the licensed disposal site.
(c) The authority may lease property on terms and conditions the board
determines advantageous to the authority, but land that is part of a licensed
disposal site may not be leased.
(d) The authority may lease land owned by the authority that is not part
of a licensed disposal site. Land leased by the authority under this section
may be used only for agricultural, ranching, or grazing purposes.
Although subsection (a) allows the authority to acquire land "by gift, grant, or purchase,"
nothing in section 402.094 gives it the power to acquire land by "exchange." We follow the long-
standing rule of statutory construction that "where a power is granted, and the method of its
exercise prescribed, the prescribed method excludes all others and must be followed." Foster v.
City of Waco, 255 S.W. 1104, 1105 (Tex. 1923); see Attorney General Opinion JM-995 (1988)
at 5. In this case, because the legislature listed the methods of land acquisition and did not include
the power to acquire by exchange, the authority may not exchange its land for land owned by a
private party.
Even if the authority purchases the private land, which the legislature permits it to do in
accordance with section 402.094(a), it may not convey state property to effect the desired
exchange. No power to convey land is given to the authority, except by leasehold under certain
conditions. This office has determined that a state agency with the power to acquire land cannot
also dispose of state land unless it is expressly authorized to do so. See Attorney General Opinion
C-207 (1964).
3Chapter 402 also allows the authority to purchase land dedicated to the permanent school fund or the permanent
university fund. Health & Safety Code 402.124. This section is not applicable to the proposed transaction.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO96-106, text, September 27, 1996; (https://texashistory.unt.edu/ark:/67531/metapth277139/m1/2/?q=Lamar+University: accessed June 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.