Texas Attorney General Opinion: JM-999 Page: 8 of 10
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Mr. Alfred F. Hurley - Page 8
purposes enumerated in Subsection (a). In
addition, . . . such governing board may
issue bonds and notes for the purposes
of . . . acquiring land either with or
without permanent improvements, constructing
and egauiuinu buildings or other permanent
improvements, and for major repair and
rehabilitation of buildings or other per-
manent improvements, and may pledge up to 50
percent of the money allocated to such
governing board pursuant to this section to
secure the payment of the principal and
interest of such bonds or notes. (Emphasis
added.)
Tex. Const. art. VII, 17(e).
Subsection (a) of section 17 permits the constitutional
appropriation to be used for constructing and equipping
buildings or other permanent improvements, and for the
acquisition of capital equipment, library books and library
materials. Subsection (e), in contrast, permits the
issuance of bonds for constructing and equipping buildings
or other permanent improvements, but does not authorize the
issuance of bonds to acquire capital equipment. The term
"equipment" describes a category which includes "capital
equipment"; thus, the proceeds of bonds issued under section
17(e) of article VII for "constructing and equipping
buildings or other permanent improvements" may be used to
acquire the capital equipment necessary to equip the
building. The absence of authority to issue bonds for
"capital equipment" alone indicates that equipment may be
purchased only in connection with constructing a building or
other permanent improvement, and not as a separate item to
be installed in an existing structure.
Our interpretation of the constitutional provision is
consistent with the interpretation given the former version
of article VII, section 17 by the opinions of this office.
The former version of article VII, section 17, established
a fund "for the purpose of acquiring, constructing and
initially equipping buildings or other permanent improve-
ments at the designated institutions . . . ." S.J.R. No.
4, Acts 1947, 50th Leg. at 1184 (emphasis added). Attorney
General Opinion V-931 (1949) determined that the constitu-
tional fund could not be used to equip space in an existing
building as a college printing shop to be operated in
connection with the Department of Journalism. The space had
"never been equipped, initially or otherwise, for thatp. 5128
(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/m1/8/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.