Opinion

Untitled Texas Attorney General Opinion

Court
Texas Attorney General Reports
Filed
Jul 2, 1979
Status
Published
On the bench
Mark White
Cited by
0 cases
Authority
More cited than 3.5%

The opinion

The Attorney General of Texas

October 4, 1979

MARKWiiltE

Attorney Qeneml

Dr. Kenneth II. Ashwath Opinion No. MW-64

Coordinating Board

Texas College and University System Re: Authority of governing board

P. 0. Box 12788, Capitol Station to change name of statutorily

Austin, Texas 787ll authorized institutions of higher

education.

Dear Dr. Ashwath:

4sN rIben. An., suite lso You inquire about the authority of governing boards and the

El PW. TX. wsos Coordinating Board, Texas College and Unfverslty System, to rename

0ws13-34M

statutorily authorized institutions of higher education.

The names of the institutions about which you inquire are established

by statute. We belleve an administrative body lacks authority to chaige a

statutorily established name. An administrative agency has only those

powers expressly conferred by statute or .implIed therefrom. Stauffer v.

City of San Antonio, 344 S.W.2d 158 (Tex. 198ll. It may not promulgate rules

that conflict with general law. State v. Jackson, 378 S.W.2d 341 (Tex. 1984);

see also Brown Bxpreor, Inc. v. Railroad Commission, 415 S.W.2d 394 (Tex.

IIY Industrial Accident Board, 358 S.W.2d 874 (Tex. Civ. App. -

=82 ,”

writ ref%B. The legislature has amen&d the Education Code on

numerous occasions to change the name of a state college or university.

See, e.g., Educ. Code S 87.001 (Tarleton State University); S 87.101(Prairie

View A&M Unlversityk S 104.01(University System of South Texas); 9 ll3.01

(Texas Eastern University). See also Attorney General Opinions WW-1035

(198B (name of the “Agricultural and Mechanical Collage of Texas” may be

changed by act of the legislature and does not require constitutional

amendment); WW-473 (1958) (water control and improvement district may

not change its name). ‘We find no provision expressly authorizing the

Coordinating Board cr the Regents of the various colleges and universities to

change the name of an institution under their jurisdiction. Accordingly, the

statutorily established name of a state-supported college or university may

not be changed in the absence of authority granted by the legislature.

SUMMARY

The Coordinating Board and the governing boards of

state-supported colleges and universities may not

P. 199

Dr. Kenneth II. Ashworth - Page TWO (Mw-641

change the legislatively established name of an institution under

H their jurisdiction.

vwLrz

MARK WHITE

Attorney General of Texas

JOHN W. PAINTER, JR.

First Assistant Attorney General

TED L. HARTLEY

Executive Assistant Attorney General

Prepared by Susan Garrison

Assistant Attorney General

%

APPROVED:

OPINION COMMITTEE

C. Robert Heath, Chairman

David B. Brooks

Susan Garrison

Rick Gilpin

William G Reid

Bruce Youngblood

Lonny Zwiener

p. 20.0

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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