Untitled Texas Attorney General Opinion ( 1981 )

The Attorney General of Texas
May 30, 1981
MARK WHITE
Attorney General
Honorable John A. Traeeer Opinion No. ~~-348
Chairman
Committee on Intergovernmental Re: May state release claims on
Relations land deeded to former office of the
Texas State Senate State Superintendent of Public
Austin, Texas 78i’ll Instruction
Dear Senator Traeger:
Senate Bill 1027, which you submit with your request, releases any
claim by the state to a one-acre tract of land deeded from an individual to
“Ashbel Smith, Superintendent of Public Instruction and his successors in
office.‘. . .” You inform us that the successors of the original grantor have
been in continuous possession of the land for many years. The bill provides
for the restoration of title to a successor of the original grantor. YOU
inquire whether the Texas Constitution prohibits the enactment of Senate
Bill 1027.
The office of the State Superintendent of Public Instruction was
established in 1884. Acts 1884, 18 Leg., lst S.S., ch. 25 S8, art. 7, Sl2, at 38,
41. The superintendent was charged with the general superintendency of
business relating to the public schools of the state. Id. S13. In our opinion,
he was empowered to accept grants of property for school purposes on
behalf of the state. The state has power to acquire property, dispose of it,
and place it in the hands of a custodian. Conley v. Daughters of the
Republic, 156 S.W. 197 (Tex. 1913).
In 1949, the legislature established the position of State Commissioner
of Education and gave him the powers and duties formerly vested in the
State Superintendent of Public Instruction. Acts 1949, 51st Leg., ch. 299,
art. V, Sl, at 537, 543. -See Educ. Code Sll.25.
On the facts presented, of which we have no direct knowledge, the
tract of land described in Senate Bill 1027 belongs to the state, and we must
conclude, in the absence of additional facts, is in the custody of the
Commissioner of Education. Its continuous possession by successors of the
original grantor does not give them an interest in it. Adverse possession
would not run against the state. Humble Oil & Refining Co. v. State, 162
S.W. 2d 119,134 (Tax. Civ. App. - Austin 1942, writ ref’dl. Nor ls the state’s
title affected by the lapse of time, lathes, payment of taxes, or the
dereliction of its offices. 5
p. 1152
Honorable John A. Traeger - Page Two (Mw-348)
The constitution prohibits the legislature from giving away state money or
property. Tex. Const. art. III, SS44, 51, 52, 55. See also Tex. Const. art. 3, .§56.
Attorney General Opinion WW-185 (19571. ConsequenT Senate Blll 1027, which
gratuitiously disposes of state property, would be unconstitutional if enacted.
SUMMARY
Senate Bill 1027, if enacted, would be unconstitutional
because it would authorize the gratuitious disposition of state
property to an individual.
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Susan Garrison
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Carl Glaze
Rick Gllpin
Jim Moelliqer
Bruce Youngblood
p. 1153