Texas Attorney General Opinion: H-704 Page: 2 of 3
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The Honorable Jack K. Williams, page 2 (H-704)
(3) sell any land or other state property used in the
operation of an experiment station when abandoned and
apply the proceeds of the sale to the purchase of other
land and property for the establishment of experiment
stations.
(b) The board shall exercise a general supervision over
substations established under this subchapter.
Such sales and their proceeds are further regulated by section 88. 204,
Education Code, which reads:
If property used in the operation of a station is sold,
the title to the property shall not pass from this state
until a deed of conveyance is made to the purchaser, duly
signed by the governor and attested by the secretary of
state under his official seal. All funds received from
the sale of station lands or property shall be deposited
in the state treasury and shall be paid out in accordance
with the provisions of this subchapter.
Specific authority to purchase livestock is given by section 88. 209 and
authority to lease land for experiment work is contained in section 88. 206,
Education Code. We have no difficulty in concluding that both questions
should be answered in the affirmative, provided the proceeds from the sale
have been appropriated by the Legislature. See Attorney General Opinion
V-01 (1947) and Opinion dated May 23, 1925 at Vol. 273, p. 300, Letter
Opinions of the Attorney General of Texas.
Both the General Appropriation Act for the 1974-75 biennium and the
one for the 1976-77 biennium provide:
All balances in the institutional funds of the several
state institutions of higher education named in this
Article, at the close of the [last] fiscal year . . . ,
including balances in their revolving funds at that time,
and the income to such funds during the [next upcoming]
fiscal years . . . are hereby reappropriated for the
operation, maintenance and improvement of the respective
state institutions. Acts 1975, 64th Leg., ch. 743, art. IV,
17; Acts 1973, 63rd Leg., ch. 659, p. 2149, art. IV, 17.p. 3046
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Texas. Attorney-General's Office. Texas Attorney General Opinion: H-704, text, October 2, 1975; (https://texashistory.unt.edu/ark:/67531/metapth271228/m1/2/?q=%22~1~1%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.