The Attorney General of Texas
April 18, 1983
JIM MATTOX
Attorney General
Honorable Bill Presnal opinion No. JM-24
Supreme Court Building
Chairman
P. 0. BOX 12546
Austin, TX. 76711. 2546 Committee on Appropriations Re: Whether Southwest Collegi-
512/4754301 Texas House of Representatives ate Institution for the Deaf
Telex 9101674-1367 P. 0. Box 2910 may receive appropriated funds
Telecopier 5121475-0266 Austin, Texas 78769 from the legislature and various
in-kind donations from the
1607 Main St., Suite 1400
federal government and a com-
Dallas, TX. 75201.4709 munity college district
2141742-6944
Dear Representative Presnal:
4624 Albetfa Ave.. Suite 160
El Paso, TX. 79905-2793 You have requested our opinion regarding the authority of the
9151533.3464 legislature to appropriate funds for Southwest Collegiate Institution
for the Deaf [hereinafter SCID]. Your first question is:
.L 20 Dallas Ave.. Suite 202
Houston. TX. 77002.6966
Do the restrictions on use of appropriated
7131650-0666 funds by junior colleges found in section 130.003
of the Education Code apply to the Southwest
Collegiate Institution for the Deaf? Is the
606 Broadway, Suite 312 institute eligible to receive state appropriations
Lubbock, TX. 79401-3479
for construction, operations, or other purposes?
6061747-5236
SCID was created by the legislature in 1981 under chapter 131 of
4309 N. Tenth. Suite S the Education Code. Section 131.001 thereof describes the facility
McAllen, TX. 78501-1665 as:
5121662-4647
a postsecondary educational institution providing
200 Main Plaza. Suite 400 instruction for hearing-impaired students
San Antonio. TX. 76205.2797 preparing for a career or for enrollment in a
5121225-4191 senior college or university.
An Equal Opportunity/ SCID is:
Affirmative Action Employer
under the direct control and management of the
board of trustees of the Howard County Junior
College District.
Section 131.002(a). The governing board of the institution is
prohibited from conducting, except under limited circumstances,
"regular junior college programs for students with unimpaired
hearing." Section 131.003.
p. 105
Honorable Bill Presnal - Page 2 (JM-24)
A "public junior college" is not merely any two-year institution
of higher education. It is a creature of statute. Section 130.004 of
the Education Code authorizes the creation of public junior colleges
and junior college districts "Of any one of the following
classifications":
(1) an independent school district junior
college;
(2) a city junior college;
(3) a union junior college;
(4) a county junior college;
(5) a joint-county junior college; and
(6) a public junior college as a part or division
of a regional college district.
The creation of the various types of junior colleges is governed by
chapter 130 of the Education Code. See §130.011, et se*.; 130.031, c
*; 130.091, et seq. SCID, on th=ther hand, was created by the
legislature. Section 130.001. Although it is "under the direct
control and management of the board of trustees of the Howard County
Junior College District," it is not itself one of the types of "public
junior college" authorized by section 130.004. Rather, it is a
"postsecondary educational institution providing instruction for
hearing-impaired students preparing for a career or for enrollment in
a senior college or university." Moreover, it is not on the list of
certified junior colleges which the commissioner of higher education
is required to file with the auditor and comptroller pursuant to
section 61.063 of the Education Code.
Since, in our opinion, SCID is not a "public junior college"
under chapter 130 of the Education Code, the restrictions of section
130.003, which apply only to "public junior colleges," are not
applicable to it. Section 131.006(a) of the Education Code provides:
(a) The governing board of the institute may
receive appropriations for the institute's
operations only if the board operates the
institute in compliance with this chapter.
So long as the board operates SCID in compliance with the provisions
of chapter 131. it is eligible to receive legislative appropriations
for any purpose.
You also ask:
p. 106
Honorable Bill Presnal - Page 3 (~~-24)
May the Southwest Collegiate Institute for the
Deaf legally receive land, equipment and buildings
from a federal agency or a community college
district?
Section 131.006(b) of the Education Code provides:
The board may accept gifts, grants, or
donations of money or property given to the
institute for the institute's exclusive use in
carrying out the purposes of this subchapter.
In our opinion, this provision clearly authorizes the board to receive
gifts, grants, or donations of land, equipment and buildings, from
whatever source. We express no opinion as to whether a community
college district may be empowered to make such a gift or grant. -See
Tex. Const. art. III, $950, 51.
SUMMARY
The Southwest Collegiate Institution for the
Deaf is not a "public junior college." It may
receive appropriated funds so long as its board of
trustees operates the facility in compliance with
the provisions of chapter 131 of the Education
Code;
J 1; Very truly yours
JIM
4
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
Susan L. Garrison, Chairman
Jon Bible
David Brooks
Rick Gilpin
Jim Moellinger
Nancy Sutton
p. 107