THE AITORNEY GENERAL
OF’ TEXAS
AUSTIN, TEXAS 787ll
May 1, 1975
The Honorable Mike McKinnon Opinion No. H- 597
Chairman
Senate Subcommittee on Nominations Re: Whether the current Board
Texas State Senate of Regents of the University of
State Capitol Texas System meets the statu-
Austin, Texas 78711 tory requirement that members
be selected from different por-
tions of the State.
Dear Senator McKinnon:
You have requested our opinion concerning the legality of the composi-
tion of the present University of Texas Board of Regents.
In your request you note that the Board of Regents consists of two
members from Houston, two from Austin, and one member each from
Dallas, Ft. Worth, San Antonio, Weatherford and Stonewall. You ask
whether this geographical distribution violates section 65.12 of the Texas
Education Code, which provides in part:
rT]he members shall be selected from different
portions of the state.
In our view, this provision is entirely too general and ambiguous
to support a determination of illegality of the present geographical distribu-
tion. “Portion” is not defined and could mean one-ninth of the state or a
larger area. This section does not make residence in an identifiable area
a qualification for any particular place on the Board. Compare Tex. Con&.
art. 16, sec. 14; V. T. C.S. Elec. Code, sec. 1.05. The word “portion” is
not modified by some reference to the size or location of each portion.
Compare, Diffie v. White, 184 S. W. 1065 (Tex. Civ. App. --Texarkana
1916, no writ). If the Legislature had intended geographical distribution
to be a basis for challenge to members after they have been selected, it
p. 2655
The Honorable Mike McKinnon page 2 (H-597)
could easily have made residence in an identifiable area a qualification
for a particular position on the Board. Accordingly, while section 65.12
may contemplate a more geographically diversified composition than that
at present, we are unable to state as a matter of law that the Board of
Regents of the University of Texas is illegally constituted.
SUMMARY
The present composition of the University of
Texas System Board of Regents is not as a matter
of law violative of section 65.12 of the Education
Code.
Very truly yours,
Attorney General of Texas
//
APPROVED:
DAVID M. KENDALL, First Assistant
C. ROBERT HEATH, Chairman
Opinion Committee
p. 2656