Texas Attorney General Opinion: V-01 Page: 2 of 6
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Hon. Reed McDonald - Page 2 (V-01)
Article 139, Powers of Board, provides as fol-
lows:
"The Board shall have power:
"1. To establish sub-experiment stations
at such places in this State as it shall deem
proper in addition to those now in operation.
"2. To abandon or discontinue any sub-
station which may become undesirable for exper-
iment purposes; and if deemed necessary to es-
tablish others in their stead at such places in
the same county as it shall deem advisable.
"3. To sell any land or other State prop-
erty used in the operation of an experiment sta-
tion when so abandoned, and to apply the pro-
ceeds of such sale in the purchase of other land
and property for the establishment of experiment
stations."
The first object and purpose of Paragraph 3 of
Article 139 is clear. The Board of Directors of A. & M.
College is given the power to sell any land and other
property of an experiment station which has been duly
abandoned. It seems definite that this power of sale in-
cludes the right to sell the land, buildings and other
improvements and whatever equipment that was used in the
operation of the abandoned station.
The second object of that paragraph, we be-
lieve, is to give the Board the power to use the proceeds
from such sale for the establishment of other experimental
stations. The phrase "to purchase land and property"would
seem to be merely descriptive and directive of the manner
in which the proceeds for the establishment of experiment
stations would be used. We do not believe the Legislature
intended to limit the use of the proceeds solely for the
DRrchase of land and property in the establishment of an
experiment station. To so construe the phrase as a limi-
tation on the use of the proceeds would, in effect, be
giving the Board the power to sell buildings and other im-
provements erected on land which had been used for an ex-
periment station, but would prevent the proceeds to be
used for the same purpose in the establishment of a new
station, and would force the Board to look to other funds
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-01, text, January 18, 1947; (https://texashistory.unt.edu/ark:/67531/metapth264821/m1/2/: accessed July 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.