Texas Attorney General Opinion: JM-999 Page: 7 of 10
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Mr. Alfred F. Hurley - Page 7
H-1312 (1978); H-513 (1975); Letter Advisory No. 6 (1973).
The applicable statutes and appropriations act provisions
control the expenditure of legislative appropriations by
state colleges and universities. See, e.g., Letter Advisory
No. 50 (1973). We are unaware of any constitutional
provision prohibiting the use of educational and general
funds to operate facilities used for auxiliary enterprises
as well as for educational and general purposes.
Your final question is as follows:
May the University use bond proceeds gained
through any future HEAF bond sales to pur-
chase capital equipment for an E&G building
which has not been newly constructed, e....,
use HEAF bond proceeds to buy capital equip-
ment for a ten year old E&G building used for
research and instruction?
You ask about the future use of bond funds to purchase
"capital equipment," but in discussing this question you
refer to both "equipment" and "capital equipment." Article
VII, section 17, of the Texas Constitution uses both terms.
We will address the significance of these two terms in
answering your question. We have not been asked whether any
particular item of equipment is "capital equipment," and we
do not address any such question.
Subsection (a) of section 17 states the purposes for
which the funds it appropriates may be used:
acquiring land either with or without per-
manent improvements, constructing and
eauuiDDing buildings or other permanent im-
provements, major repair or rehabilitation of
buildings or other permanent improvements,
and acquisition of capital equipment, library
books and library materials. (Emphasis
added.)
Tex. Const. art. VII, 17(a).
Subsection (e) of section 17 defines the authority of
the eligible institutions to issue bonds:
Each governing board authorized to parti-
cipate in the distribution of money under
this section is authorized to expend all
money distributed to it for any of thep. 5127
(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/m1/7/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.