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1989 Texas Attorney General Reports and Opinions 5137 (1989)

handle is hein.sag/sagtx0035 and id is 1 raw text is: THE AT*TORNEY GENERAL OF TEXAS January 2, 1989 JIm MATTOX ATTORNEY GENERAL Dr. Wilbur L. Meier, Jr. Opinion No. JM-1001 Chancellor University of Houston Re: Constitutional author- System ity of an institution of 4600 Gulf Freeway higher education to refund Suite 425 bonds issued under prior Houston, Texas 77023 law (RQ-1406) Dear Dr. Meier: On behalf of the University of Houston System, you have requested an opinion of this office interpreting a portion of article VII, section 17, of the Texas Constitution. Article II, section 17, deals with appropriations and funding for agencies and institutions of higher education. Your letter reads in part: Subsection (e) of article VII, section 17 provides in part that the governing board of any of the institutions of higher education identified in subsection (b)'may issue bonds and notes for the purposes of refunding bonds or notes issued under this section or prior law. . . .' (Emphasis provided). We request your opinion as to the meaning of the empha- sized language. Specifically, does the phrase 'prior law' refer only to the prede- cessor of article VII, section 17, which was repealed on November 2, 1982: or does it refer to any statute existing prior to the adoption of the present article VII, section 17? To better orient the discussion that follows, pertinent provisions of article VII, section 17, are set out here: Sec. 17 (a) In the fiscal year begin- ning September 1, 1985, and each fiscal year thereafter, there is hereby appropriated out of the first money coming into the state treasury not otherwise appropriated by the p. 5137

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