# Untitled Texas Attorney General Opinion > Texas Attorney General Reports ยท July 2, 1969 URL: https://www.frixlaw.com/law-library/cases/4134302 ## Case - **Court:** Texas Attorney General Reports - **Decided:** July 2, 1969 - **Precedential status:** Published - **Opinion:** Opinion - **Judges:** Crawford Martin - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4134302 ## Opinion text Honorable Bevington Reed Opinion No. M-365 Commissioner of Higher Education Sam Houston State Office Building Re: Whether establishment of Austin, Texas 78701 a Center as recommended by the Coordinating Board, Texas College and Univer- sity System, r,equires specific authorizing legis- Dear Dr. Reed: lation. In your letter requesting the Attorney General to ren- der an opinion on the above question, you advised that the Co- ordinating Board, Texas College and University System, has adopted a recommendation reading as follows: "That there be established immediately a Center in Laredo to offer upper-division college- level work giving special emphasis to upper- division programs in teacher education and busi- ness administration leading to the baccalaureate degree. "The Board is of the opinion that the Center should be administered by Texas A&I University, which has a distinctive teacher education program and is rapidly developing a bilingual business administration program with a grant from the fed- eral government. "The Coordinating Board is of the further opinion that Texas A&I can provide these facili- ties through contract with Laredo Junior College for the use of its appropriate facilities. The use of the Center by Laredo residents can demon- strate to the Coordinating Board the effectiveness of higher educational opportunities in helping to solve the problems of the region and can serve to support a recommendation for the ultimate estab- lishment of a free-standing upper-division master's level institution in Laredo." You advised us, further, that the Southern Association -1802- Hon. Bevington Reed, page 2 (~-365) of Colleges and Schools, through the college delegate assembly, establishes the standards by which institutions in Texas are accredited by that regional organization, and that said as- sociation defines a Center in the following terms: "A center is a non-degree granting division or unit of an institution, located in a geo- graphical setting separated from the parent in- stitution and established for a stated purpose in relation to the parent institution and to the area served. The center shall have a pattern or se- quence of courses which leads to terminal pro- grams or degrees on the parent campus or at other degree granting institutions. "The center shall operate under the super- vision of an administrative officer responsible to the parent institution. Its admission require- ments and procedures, courses to be offered, and faculty shall have the approval and be under super- vision of the appropriate departments on the home campus. Each course offered shall have physical facilities (including space and equipment) and library holdings equivalent to those required for the same course on the home campus. Academic re- quirements and instructional quality shall be equivalent to those maintained at the parent cam- pus. "For the purposes of identification, the parent institution must indicate on its transcripts the name of the center where courses are completed." Subsequent to your request for an opinion we have re- ceived the following information from your office: "In making its recommendations on Laredo, the Coordinating Board: "a) Did not intend to create a permanent in- stallation in Laredo by Texas A&I University. (note the language in the recommendation, emphasis added.) "'The use of the Center by Laredo residents can demonstrate to the Coordinating Board the effective- ness of higher educational opportunities in help- ing to solve the problems of the region and can serve to support a recommendation for the ultimate -1803- Hon. Bevington Reed, page 3 (M-365) establishment of a free-standing upper-division master's level institution in Laredo.' "b) Considered a 'center'~as a place where extension work may be done. "C) Recognized that offering extension courses was within the present roie of Texas A&I University. "d) Did not believe that the.establishment of a center would establish or create any univer- sity system because a 'center' has no individual life within itself but draws life from the in- stitution offering extension services. "e) ~Understood that this concept of a 'center' is in agreement with the accreditation definitions of the Southern Association of Colleges and Schools, ie. a center is a place where one does extension work,,and as long as students do a prescribed portion of their cur- riculum on'the Texas A&I campus for the degree the Association will judge it as a 'Center.' "f) Determined that extension work as described above would be the only function of the 'Center.' "g) Believed that a 'system' is made up of independent units, each of which has a life of its own and each of which can exist and function without the other units, all of which are under a common Board of Governance." The duties of the Coordinating Board, Texas College and University System, are defined in Section 10 of the Higher Education Coordinating Act of 1965 (Article 2919e-2, Vernon's Civil Statutes); and, insofar as creation of such Center is concerned, the Board's duties are set forth in sub-sections (3) and (9) of said Section 10, in the following language: "Sec. 10. The Board shall represent the highest authority in the State in matters of higher public education and shall * * * t "(3) Classify, and prescribe the role and -1804- Hon. Bevington Reed, page 4 (M-365) scope 'for,each public institution of higher education in Texas and make such changes in classifzcationor role dsti- an tutions as it deems necessary. * * * * "(9) Make continuing studies of the needs of the State for research and for extension and public services and designate the institutions of higher education to perform research, public service and,extension programs, including limita- tion of extension programs for credit to specific geographic areas." (Emphasis added.) Texas A&I University is among the institutions subject to the provisions of the Higher Education Coordinating Act of 1965. Article 2919e-2, Section 2, subdivision (c). Therefore, the Coordinating.Board~must prescribe-that-university's role and scope within.the State's higher education system, in com- pliance with Section lO(3) of the Act. The act of the Coordi- nating Board, authorizing establishment of such Center, as a facility of Texas A&I University, wholly managed by and dependent upon that institution, broadens the role and scope for Texas A&I University, as an institution of higher education, by pro- viding,educational services for a given area of the State, through its central campus and its Center at Laredo. Thus, in authorizing,creation of the Center at Laredo, the Board will have done exactly as it is authorized to do in Section lO(3) of the Coordinating Act. Section lO(9) of the Coordinating Act requires the Board to designate those institutions which are to carry out educational extension services within the State to be carried out at the proposed Center, in of;er?$!$%?ed college level courses for credit from Texas A&I University, will be an.extension program of that university. Therefore, the Coordinatina Board. in addition to hauina,orescribed an aspect of the.educationsrole and scope ~of Texas A&I University, will have complied with the Legislature?s direction that the Board designate the institutions to.carry out extension pro- grams. Texas A&I University has been designated by the Board as the institution,to carry out anyextension program in that area of Texas, through a Center in Laredo. The Board, having had authority delegated to it as *the highest authority in the State in matters of public edu- cation," clearly has the authority,and duty to act, with ad- ditional legislative affirmance of its acts, within the area -1805- I . Hon. Bevington Reed, page 5 (M-365) of its delegated powers and duties. Within that area lie prescription of the educational role and scope for each edu- cational institution covered by the Act, and a designation of the institutions to carry out extension programs, without geographic limitation. Since the Board, in recommending establishment of the Center, has acted wholly within the scope of the powers and duties delegated to it, there exists no need for legislative affirmance of such action. SUMMARY Establishment of a Center at Laredo, to be ad- ministered by Texas A&I University, as recommended by the Coordinating Board, Texas College and Univer- sity System, will not require specific legislative authorization prior to its inaugu tion. i"p General of Texas Prepared by Rick P. Fisher Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman George Xelton, Vice-Chairman Charles Parrett Neil Williams Fisher Tyler Robert C. Crouch W. V. GEPPERT Staff Legal Assistant - 1806- --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4134302. Public record. Not legal advice.