Untitled Texas Attorney General Opinion

Hon. Bevington Reed Opinion No. M- 1040 Commissioner Coordinating Board Re: Whether a simple majority Texas College & University System or a two-thirds majority P. 0. Box 12788, Capitol Station vote of the Coordinating Austin, Texas 78711 Board is required for approval of a School of Veterinary and Zoologi- cal Medicine within the Texas Tech University School of Medicine, pursuant to Section 13 of Article 2919e-2, Ver- Dear Dr. Reed: non's Civil Statutes. Your recent letter requesting the opinion of this office concerning the referenced matter states as follows: "In Opinion M-757, dated December 22, 1970, the Attorney General held that 'The Coordinating Board of the Texas College and University System, pursuant to Article 2919e-2, Vernon's Civil Stat- utes, may alter the role and scope of the Texas Tech University Medical School, and thereby order the initiation of a degree program in veterinary medicine within that School.' "Now the question arises whether the Coor- dinating Board in approving a School of Veterinary and Zoological Medicine which will offer a program in veterinary medicine within the Texas Tech Uni- versity School of Medicine may do so by a simple majority of a Coordinating Board quorum, present and voting, or whether such action requires a -5089- Hon. Bevington Reed, page 2 (M-1040) two-thirds (Z/3) majority of the Coordinating Board as provided in Article 2919e-2, Section 13, Vernon's Texas Civil Statutes, relating to recommendation of an additional institu- tion?" Section 13 of Article 2919e-2, Vernon's Civil Statutes, which is the Higher Education Coordinating Act of 1965 (hereinafter referred to as the "Act"), provides as follows: "No funds appropriated to any institution of higher education shall be expended for any program which has been disapproved by the Board, unless said program is subsequently specifically approved by the Legislature. No new department, school or degree or certificate program approved by the Board or its predecessor, the Texas Com- mission of Higher Education, shall be initiated by any institution of higher education after the effective date of this Act until the Board shall make a written finding that the department, school or degree or certificate program is adequately financed by legislative appropriation, by funds allocated by the Board, and/or by funds from other sources. Any proposed statute which would establish an additional institution of hiqher education except a public junior college shall be submitted, either prior to introduction or by the standing committee considering same, to the Board for its opinion as to need of the State therefor, and the Board shall report its findings to the Governor and the Legislature, provided that a recommendation that an additional institution is needed shall require the favorable vote of at least two-thirds (Z/3) of the members of the Board. But a recommendation of the Board shall not be considered to the introduction or passage of any proposed statute." (Emphasis added.) -5090- . . Hon. Bevington Reed, page 4 (M-1040) We have been apprised of the fact that the Texas Tech University School of Medicine made application to the Coordinating Board for a new degree program in veterinary medicine pursuant to the provisions of Section 10 of the Act. We have also been apprised of the fact that neither the School of Medicine nor Texas Tech University have asked for, or pro- posed, a statute which would establish a new and separate institution of higher education. In view of the foregoing, you are advised that the portion of Section 13 relating to a two-thirds majority vote requirement applies only in the situation where a new and separate institution of higher education is proposed, and, therefore, has no application to the internal organization of degree programs, schools, and departments within an exist- ing institution of higher education. Accordingly, the School of Veterinary and Zoological Medicine at Texas Tech University School of Medicine may be approved by the Coordinating Board by a simple majority of a Board quorum, present and voting. S U MMA ------- ROY The two-thirds majority vote requirement of Section 13 of Article 2919e-2, Vernon's Civil Statutes, is applicable only where a new and separate institution of higher education is pro- posed, and has no application to the internal organization of degree programs, schools, and departments within an existing institution of higher education. The School of Veterinary and Zoological Medicine at Texas Tech University School of Medicine may be approved by the Coordinating Board by a simple majority of a Board quorum, present and voting. -5092- Hon. Bevington Reed, page 3 (M-1040) The gravaman of your request is whether the pro- posed School of Veterinary and Zoological Medicine, to be operated within and as a part of the Texas Tech University School of Medicine, is an "additional institution of higher education" within the scope of Section 13's requirement for a two-thirds voting majority. Section 2(g) of the Act defines the term "institu- tion of higher education" to mean "any public junior college, public senior college or university, medical or dental unit or other agency of higher education. . . ." (Emphasis added.) Section 2(e) of the Act defined "medical and dental unit" as a medical or dental school as may be established by statute or as provided in the Act. The Texas Tech University Medical School was established by statute in 1969 (Article 2632i, Vernon's Civil Statutes). Attorney General's Opinion No. M-757 (1970) held that the Coordinating Board could alter the traditional role and scope of the Texas Tech University Medical School and order the initiation of a degree program in veterinary medi- cine. Section 10 of the Act gives the Coordinating Board very broad powers to classify, and prescribe the role for and scope of, each public institution of higher education in Texas; that Section also gives the Board the power to order the initiation, consolidation or elimination of degree pro- grams at institutions of higher education. It should be noted that nowhere in Section 10 is there a two-thirds majority vote requirement concerning any of'the Board's actions taken pur- suant to the powers given it by that Section. It is thus apparent that the portion of Section 13 underscored, supra, applies only to proposed statutory crea- tions of new and separate institutions of higher education. Consequently, the two-thirds majority vote requirement of Section 13 has no application to the exercise of the Board's duties as set forth in Section 10. -5091- . . Hon. Bevington Reed, page 5 (M-1040) ey General of Texas Prepared by Austin C. Bray, Jr. Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E. Allen, Co-Chairman Ivan Williams James Maxwell Ray McGregor Harriet Burke SAM MCDANIEL Staff Legal Assistant ALFRED WALKER Executive Assistant NOLA WHITE First Assistant -5093-