Could Blinn College lease a football stadium built with student fees to the Brenham Independent School District for football, track, and UIL events?
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This page answers the general question as of 1984. Ezel answers yours: what it means for your facts, under current Texas law, with citations.
Texas AG Opinion JM-139: Junior College Stadium Lease to School District
Plain-English summary
JM-139 concluded that Blinn College could lease its football stadium to the Brenham Independent School District because the college's board of trustees had determined that the use served a junior college purpose under Education Code section 130.003(e)(7).
"We conclude that Blinn College is authorized under section 130.024 of the Education Code to lease its stadium to the school district."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0139.pdf
The key restriction was that a junior-college facility constructed with student fees could be used only for junior-college purposes. The trustees' resolution classified football, track, and University Interscholastic League use by the school district as serving that purpose and the college's best interest.
"A junior college district facility constructed with student fees may be used only for junior college purposes."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0139.pdf
Currency note
This opinion was issued in 1984. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Common questions
What facility was involved?
The request concerned Spencer Field, Blinn College's football stadium, which had reportedly been constructed mostly or entirely with student fees.
"The attorney for Blinn College has informed us that 'a majority, if not all, of the money used to construct Spencer Field,' the college's football stadium, 'was student fees.'"
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0139.pdf
Why did student-fee funding matter?
Section 130.124 limited facilities constructed with student fees to junior-college purposes.
"Thus, Spencer Field may be leased to the Brenham Independent School District only if such an arrangement serves a 'junior college purpose.'"
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0139.pdf
What purposes did section 130.003(e) list?
It listed technical, vocational, freshman and sophomore academic, continuing-education, compensatory-education, and counseling programs, plus other purposes prescribed by state or local governing boards in the best interest of Texas postsecondary education.
"[T]he purpose of each public community college shall be to provide:"
"(7) such other purposes as may be prescribed by the Coordinating Board, Texas College and University System, or local governing boards, in the best interest of post-secondary education in Texas."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0139.pdf
Did the stadium lease fit the first six listed purposes?
No. The opinion relied on the seventh, board-prescribed category.
"The lease of Spencer Field to the school district clearly does not further any of the first six purposes listed in subsection (e). Thus, the question is whether said lease is authorized by subsection 130.003(e)(7)."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0139.pdf
What did the college trustees decide?
They unanimously resolved that use or leasing for UIL events, the Brenham ISD track program, and possible school-district football games was a junior-college purpose and in the college district's best interest.
"That the use and/or leasing by The Junior College District of Washington County (Blinn College) of its facilities for UIL events and programs and for the conducting of the Brenham Independent School District track program by the Brenham Independent School District is a Junior College purpose within the meaning of Section 130.003(e)(7) of the Texas Education Code and is in the best interest of The Junior College District of Washington County (Blinn College)."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0139.pdf
What else supported the trustees' finding?
The opinion identified a close relationship between the college and the school district.
"In addition, there is clearly a close relationship between Blinn College and the Brenham Independent School District that supports the board's finding."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0139.pdf
Background and legal framework
The Legislature characterized junior colleges as comprehensive community colleges and allowed their local governing boards to prescribe additional postsecondary-education purposes.
"The legislature has declared junior colleges to be 'comprehensive community colleges.'"
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0139.pdf
The trustees adopted their resolution on January 27, 1984 and expressly covered both existing uses and a possible future football-stadium lease.
"On January 27, 1984, the board of trustees of the Washington County Junior College District unanimously adopted the following resolution."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0139.pdf
Holding
"Since the Board of Trustees of the Washington County Junior College District has declared the leasing of the Blinn College Football stadium to the Brenham Independent School District to be a 'junior college purpose' under section 130.003(e)(7) of the Education Code, Blinn College may lease its stadium to the district under section 130.024 of the Education Code."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0139.pdf
Source
- Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-0139
- Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0139.pdf
Original opinion text
Best-effort transcription from a scanned PDF. The opinion's conclusion cites section 130.024 even though its analysis describes the student-fee restriction as section 130.124. Minor errors may remain; the linked PDF is authoritative.
The Attorney General of Texas
JIM MATTOX
Attorney General
March 16, 1984
Honorable L. J. Lacina, Jr.
Washington County Attorney
Courthouse
Brenham, Texas 77833
Opinion No. JM-139
Re: Authority of junior college to lease its football stadium to an independent school district
Dear Mr. Lacina:
You have asked whether Blinn College, a public junior college operated by the Washington County Junior College District, may lease its football stadium to the Brenham Independent School District. Your specific questions are as follows:
(1) Is the leasing by Blinn College of its football stadium to the Brenham Independent School District for football games a junior college purpose within the meaning of 130.124 of the Texas Education Code?
(2) Does section 130.124 of the Texas Education Code prohibit Blinn College from continuing its commitments under existing contracts and/or policies for the use of its facilities for University Interscholastic League events and programs, and for the Brenham Independent School District track programs?
Section 130.124 of the Education Code provides:
(a) A junior college district facility constructed with student fees may be used only for junior college purposes. (Emphasis added).
The attorney for Blinn College has informed us that "a majority, if not all, of the money used to construct Spencer Field," the college's football stadium, "was student fees." Thus, Spencer Field may be leased to the Brenham Independent School District only if such an arrangement serves a "junior college purpose."
The legislature has declared junior colleges to be "comprehensive community colleges." Educ. Code §130.005. Section 130.003(e) of the Education Code states that
[t]he purpose of each public community college shall be to provide:
(1) technical programs up to two years in length leading to associate degrees or certificates;
(2) vocational programs leading directly to employment in semi-skilled and skilled occupations;
(3) freshman and sophomore courses in arts and sciences;
(4) continuing adult education programs for occupational or cultural upgrading;
(5) compensatory education programs designed to fulfill the commitment of an admissions policy allowing the enrollment of disadvantaged students;
(6) a continuing program of counseling and guidance designed to assist students in achieving their individual educational goals; and
(7) such other purposes as may be prescribed by the Coordinating Board, Texas College and University System, or local governing boards, in the best interest of post-secondary education in Texas. (Emphasis added).
The lease of Spencer Field to the school district clearly does not further any of the first six purposes listed in subsection (e). Thus, the question is whether said lease is authorized by subsection 130.003(e)(7).
On January 27, 1984, the board of trustees of the Washington County Junior College District unanimously adopted the following resolution which reads, in pertinent part:
Be it Resolved as follows, to-wit:
That the use and/or leasing by The Junior College District of Washington County (Blinn College) of its facilities for UIL events and programs and for the conducting of the Brenham Independent School District track program by the Brenham Independent School District is a Junior College purpose within the meaning of Section 130.003(e)(7) of the Texas Education Code and is in the best interest of The Junior College District of Washington County (Blinn College).
That in the event that the Board of Trustees of The Junior College District of Washington County (Blinn College) would be requested by the Brenham Independent School District to lease its football stadium to the District for its home football games, and if the Board of Trustees should decide to lease the same to the District, either on a long term or temporary basis, said leasing as herein set out is a Junior College purpose within the meaning of Section 130.003(e)(7) of the Texas Education Code and is in the best interest of The Junior College District of Washington County (Blinn College).
Thus, the board of trustees has prescribed that the leasing of Spencer Field to the Brenham Independent School District constitutes a "junior college purpose" under section 130.003(e)(7) of the Education Code. In addition, there is clearly a close relationship between Blinn College and the Brenham Independent School District that supports the board's finding. We conclude that Blinn College is authorized under section 130.024 of the Education Code to lease its stadium to the school district.
SUMMARY
Since the Board of Trustees of the Washington County Junior College District has declared the leasing of the Blinn College Football stadium to the Brenham Independent School District to be a "junior college purpose" under section 130.003(e)(7) of the Education Code, Blinn College may lease its stadium to the district under section 130.024 of the Education Code.
Very truly yours,
JIM MATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
David Brooks
Colin Carl
Susan Garrison
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