Texas Attorney General Opinion: LO96-106 Page: 3 of 3
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Mr. Lawrence R. Jacobi - Page 3
We also believe that if the legislature had intended to allow the authority to convey land or
to acquire land by exchange, it would have expressly done so, as it has done in numerous other
statutes. We noted in Attorney General Opinion JM-1242 that legislative grants of power with
respect to the acquisition and conveyance of land have been express and specific. Attorney
General Opinion JM-1242 (1990) at 5. For example, soil and water conservation districts may
acquire real property "in any manner, including purchase, exchange, lease, gift, grant, bequest, or
devise, any real or personal property." Agric. Code 201.104. Grants of power to convey have
been expressed similarly. See, e.g., id. 58.022 (allowing Texas Agricultural Finance Authority
to "sell, lease, encumber, mortgage, exchange, donate, convey, or otherwise dispose of' real
property). No such general powers of acquisition or conveyance are granted to the authority in
chapter 402 or elsewhere. We believe that the legislature intended to limit the authority's powers
to the acquisition of property by the methods listed in section 402.094.
SUMMARY
Absent express statutory authority, the Texas Low-Level Radioactive
Waste Disposal Authority may not exchange its land for land owned by a
private party.
Yours very truly,
Barbara E. Griffin
Assistant Attorney General
Opinion Committee
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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/m1/3/?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.