Texas Attorney General Opinion: JM-999 Page: 4 of 10
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Mr. Alfred F. Hurley - Page 4
accomplished in a given case will depend on
facts as to the design and operation of the
building. Since we do not resolve fact
questions in the opinion process, we cannot
give a comprehensive answer to your question.
Attorney General Opinion H-1248 at 2 (1978).
The University may use Higher Education Assistance Fund
dollars to construct, repair, or rehabilitate buildings or
other permanent improvements, which may include a wing, an
addition, or other portion of a building used for educa-
tional purposes. Tex. Const. art. VII, 17(a); Attorney
General Opinion H-1248 (1978); see also Attorney General
Opinion MW-101 (1979). Accordingly, these funds may be used
to renovate a separate portion of a building into facilities
used exclusively for educational and general purposes, such
as classrooms, labs, or faculty offices. Although the
renovated portion of the building was formerly used for
auxiliary purposes and the rest of the building will be used
for auxiliary purposes in the future, there is no violation
of subsection (f) of article VII, section 17, of the Texas
Constitution.
Subsection (f) bars the use of constitutional funds to
construct, repair or rehabilitate buildings "or other
permanent improvements that are to be used for student
housing, intercollegiate athletics, or auxiliary enter-
prises." Id. 17(f) (emphasis added). This restriction
applies to a building or a permanent improvement other than
a building that will be used in the future for auxiliary
purposes. As we have already pointed out, a "permanent
improvement" may be a wing or other separate part of a
building. In this case, it is the part of the building
renovated for education and general purposes. This
permanent improvement will not be used for any of the
purposes set out in article VII, section 17(f) of the Texas
Constitution.
Your second question is as follows:
May a university use HEAF funds to renovate a
portion of a facility used for both E&G and
auxiliary purposes when the purpose of the
renovation and the ultimate use of that
portion of the facility which is renovated is
exclusively used for educational purposes;
e.g., when fold-up desk arms are added to a
university's theatre to provide writingp. 5124
(JM-999)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-999, text, December 28, 1988; (https://texashistory.unt.edu/ark:/67531/metapth273437/m1/4/?rotate=90: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.