No. V-0007 (1947).

• Case Date: February 01, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0007 (1947). 1February 1, 1947Honorable George H. SheppardComptroller of Public AccountsAustin, TexasOpinion No. V-07Re: Purchase of airplanes by Board of Regents of the University of Texas for use in courses of instruction in Aeronautical Engineering.Dear Mr. Sheppard:We have received your letter of January 31, 1947, which we quote in part as follows:

"I am attaching hereto voucher claim in favor of Haile Flying Service for $8,914.00 for four airplanes purchased by The University of Texas for use in courses of instruction in Aeronautical Engineering.

"I shall thank you to examine this claim in connection with your Opinion 0--4681 and specifically to that paragraph which reads as follows:

'This past session of the Legislature passed Senate Bill 147 which authorizes the Board of Directors of the Agricultural and Mechanical College to acquire an airport and equipment therefor. (Acts 1941, 47th Leg., R. S., Ch. 81, S.B.147, p. 100; Article 2615c, Vernon's Annotated Civil Statutes). This act is certainly indicative that specific legislative authority is required. The emergency clause of the act reads in part as follows:'

"and advise this department whether or not we would be authorized to issue warrant in payment of such claim."

Opinion Number 0--4681, dated July 3, 1942, and2addressed to the Sam Houston State Teachers' College, passed upon the question as to whether that college had the authority to borrow money for the purpose of "operating its Civil Pilot Training program and purchasing planes to be used in training the boys taking this course." It was held in the opinion as follows:

"In the first place, there is no statutory authority for the college itself to maintain such a program. In Section 3 of Article 2647 it is said: 'Said board shall not change any department of instruction provided by law, and no department shall be established for the support of which provision has not been made by the Legislature,' Provision has not been made by the Legislature for this program. It follows that the college may not purchase airplanes."

Such a situation does not exist with respect to the University of Texas. Under Article 2586, Revised Civil Statutes, the Board of Regents of the University of Texas has the broad power to "regulate the course of instruction and prescribe, by and...