The Honorable Bevington Reed Opinion No. H- 299
Commissioner, Coordinating Board
Texas College and University System Re: Clarification of the
P. 0. Box 12788, Capitol Station statutes regarding the
Austin, Texas 78711 offering of certain voca-
tional technical programs
within the district of a
public junior college by
the Texas State Technical
Dear Dr. Reed: Institute.
YOU have submitted to us the following question:
“Your opinion is requested as to whether, at
some time after the State Board of Vocational
Education approves the offering of a program(s)
by Texas State Technical Institute within the dis-
trict of a public junior college that is operating
a vocational and technical program, the affected
junior col,lege may peti,tion and cause the State-
Board of Vocational, Education to revoke that
approval, for Texas State Technical Institute,
based upon the stated desire and demonstrated
capability of the junior college to offer the same
program in its district. ”
The Texas State Technical 1nst:itute was initially created as the James
Connally Technical. Institute under the direction and control of the Board
of Directors of Texas A & M University, (Acts 1965, 59th Leg., ch. 91,
p0 220). In 1969 the name of the Institute was changed to the Texas State
Technical 1nstitul:e and it was placed under the control of its own Board
of nine regents, appoi,nted by the Governor, (Acts 1~969, 6lst Leg. ~ R. S.,
ch. 179, p. 515).
po 1389
The Honorable Bevington Reed, page 2 (H-299)
These provisions were incorporated in the Texas Education Code, V. T. C. S.,
in 1971 along with other laws relating to higher education. (Acts 1971, 62nd Leg.,
R.S., ch. 1024, p. 3072, 3316). They now appear as Chapter 135 of Title 3
of the Texas Education Code. Pertinent to your question are the following sec-
tions of that Chapter:
Section 135.03
“(a) The institute shall provide occupationally oriented
programs in highly technical and vocational areas, including
field or laboratory work and remedial or related academic
and technical instruction. Particular emphasis shall be
placed on industrial and technological manpower needs of
the state. Technical and vocational programs shall be
subject to the approval of the State Board of Vocational
Education. Related academic instruction is subject to
the approval of the Coordinating Board, Texas College
and University System. ‘I
Section 135.04
“(a) Educational programs wholly or partially financed
from state funds are subject to the prior approval of the
State Board of Vocational Education and the Coordinating
Board, Texas College and Uni~versity System.
“(h) Before any program may be offered by the institute
within the district of a public junior col.lege that. is oper-
ating a v~ocational, and technical’program. it must be
established that the public junior college is not capable
of offering or is unable to offer the program. After it
is established that a need for the program exists and
that the program is not locally available, the institute
may offer the program. provided approval is secured
as required by this chapter. Approval set forth in this
subsection does not apply to McLennan, Cameron. and
Potter counties.
p. 1390
The Honorable Bevington Reed, page 3 (H-299)
“(cl Where a local government located in a county or
a portion of a county that is not operating a public
junior college district requests that the institute offer
a program, the institute may offer the program pro-
vided approval is secured from the State Board of
Vocational Education. ”
It is apparent from the foregoing statutes that,before the Institute
may offer a vocational or technical program within the district of a
public junior college, it must establish that the junior college is not
capable of offering the program or is unable to offer the program and
must secure approval of the State Board of Vocational Education and,
if partially financed from state funds, of the Coordinating Board, Texas
College and University System, in addition.
We find no statute specifically conferring upon either the State Board
of Vocational Education or the Coordinating Board authority to revoke
such approval once given. The State Board of Vocational Education is
composed of those who compose the State Board of Education (Sections
11. 34 and 11.41, Texas Education Code, V. T. C. S. ). Whatever authority
they may have over the program of the Institute in addition to those set
out in the sections of Chapt.er 135 quoted above would seem to come from
Section 61.051 defining the powers and duties of the Coordinating Board.
That section confers upon the Boa.rd either by itself, or in cooperation
with the Board of Vocational Education, broad authority over “certificate
programs” and particular1.y in its s-ubsecti,ons (e) and (f), including~ the
power to order the elimination of certificate programs where that action
is in the best interests of t:he i,nstitutions, etc., or to recommend the
elimination of certificat,e programs for which a need no longer exists,
However, Section 61,. 003 exchides from the definition of “cert~ificate
program” those programs approved by or subject to the approval of the
State Board of Vocat:ional Edurati,on. Thus, we are unable to find any
authority, rither in the Stat,e 13oard of Vocational, Educati,on or in the
Coordinating Board, Texas Cul.l.ege and ‘
1Jniversity System, to revoke
approval previousl,y given to the Texas Stat.e Technical Insti.tute under
Section 135. 03(a) or Sec,f~ion 135. 04 of the Texa,s Educat,ion Code,, We are
reinforced in our construclion of t~he statutes by the l,anguage of Section
135.03(b) which does require prior& continuing approval of the State
Board of Vocational, Education for programs for technical teachers,
pe 1391
The Honorable Bevington Reed, page 4 (H-299)
counselors and supervisors to be given by the Institute. As to those
courses, the State Board of Vocational Education may revoke approval.
Had the Legislature intended that the Institute’s courses be subject
to that same degree of control and continuing approval by the State Board
of Vocational Education or by the Coordinating Board, Texas College and
University System, it could have said so. It did not and we see no reason
to read such intent into the language which was adopted by the Legislature.
Whether or not such continuing approval is desirable is for the Legislature
to determine.
SUMMARY
Except for training programs for technical teachers,
counselors and supervisors, the State Board of Voca-
tional Education and the Coordinating Board, Texas
College and University System, lack the power to revoke
approval once given for programs to be offered by the
Texas State Technical Institute.
Very truly yours,
Attorney General of Texas
I
iI +\j 4
LAR I’. YOR , ‘%‘irsd.Assistant
,(s_Q/
DAVID M. KENDALL. Chairman
Opinion Committee
p. 1392