Texas Attorney General Opinion: JM-1146 Page: 4 of 5
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Honorable Wilhelmina Delco - Page 4 (JM_1146)
For the above reasons, we believe that Texas A & M
University is authorized to operate a faculty club as an
auxiliary enterprise of the university.
We understand that your principle concern is that this
allocation of university property might contravene article
III, section 51, of the Texas Constitution, which provides
in part as follows:
The Legislature shall have no power to
make any grant or authorize the making of any
grant of public moneys to any individual,
association of individuals, municipal or
other corporations whatsoever.
While the terms of that section appear to prohibit only
grants of money, the provision has been construed to pro-
hibit the grant of any public property without the receipt
of. an adequate auid pro auo. Dodson Vy Marshall, 118 S.W.2d
621 (Tex. Civ. App. - Waco 1938, writ dism'd); Attorney
General Opinions JM-551 (1986); MW-89 (1979); WW-790 (1960).
We do not think that use of university funds, property,
or staff for the club is necessarily prohibited by article
III, section 51. If it is determined that the operation of
the club furthers university purposes, for example by en-
hancing faculty relations or by helping to attract more
qualified faculty members, and that such quid pro ruo is
proportionate to the club's use of public funds, property,
or staff, then we think that article III, section 51 is no
obstacle to its operation. The board of regents has
apparently made such determination, in the first instance,
by implicitly approving the club's operation when it
approved an item for the club's expenses in the university
budget.
Whether the university receives an adequate auid
pro auo for the club's use of public property and funds
ultimately involves questions of fact. We think that this
determination is for the regents in the first instance.
We assume, for the purposes of this opinion, that other
legal requirements have been met. See. eg., V.T.C.S. art.
6252-5c (corporation performing an auxiliary enterprise
service must present a financial statement, provide payment
statements, and execute a bond payable to the state); jjd
art. 6252-11f (state agencies must enact rules governing the
relationship between the agency and "a private organizationp. 6054
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1146, text, March 19, 1990; (https://texashistory.unt.edu/ark:/67531/metapth273584/m1/4/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.