E GENERAL
January 13, 1970
Hon. J. H. Kultgen, Chairman Opinion No.M-554
Board of Regents
Texas State Technical Re: Whether Article 2615f-la,
Institute Vernon's'Civil Statutes
Waco, Texas 76705 authorizes the ~Texas
State Technical Institute
to accept a fee-simple
donation of facilities
in Nolan County, Texas,
to operate its program,
and related questions.
Dear Mr. Kultgen:
By recent letter you have requested an opinion concerning
the above stated matter. We quote from your letter as follows:
"Item 13 of the current appropriation to the
Texas State Technical Institute (page IV-74, House
Bill 2, Acts of the 61st Legislature, 2nd Called
Session, 1969) provides a contingency appropriation
for authorized programs, with a proviso as follows:
'The funds appropriated in item 13 above,
may be used only to finance programs offered
pursuant to Section 7(a)(3) of House Bill
No. 137, 61st Legislature, Regular Session,
1969. It is specifically provided that such
funds be used in Nolan County, Texas, in the
event appropriate facilities are provided in
such county.'
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Hon. J. H. Kultgen, page 2 (M-554)
"There exists no junior college district in
Nolan County. If certain specified technical and
vocational programs have obtained the necessary
approval of the State Board of Vocational Edu-
cation as required by Section 7(a) of said
House Bill 137, if such programs are officially
requested by the local officials of Nolan County
and have the approval of the Board of Vocational
Education as provided by Section 7(a)(3) of House
Bill 137, if appropriate facilities are offered
in Nolan County, if the remaining requirements of
the general appropriation act are met, and further
assuming that the necessary instructors will be
supplied from the Waco campus and other available
sources and that the facility will be operated as
a branch or extension of the Waco campus rather
than as a separate campus, then is Texas State
Technical Institute authorized to accept a fee-
simple donation of the facilities and properties
in Nolan County for the purpose of operating such
approved programs?
"In the event legislative approval is con-
sidered necessary under Section 9(c) of House Bill
137, then does the appropriation and the provision
quoted above from the general appropriation act
constitute such approval?"
The pertinent provisions of Section 7 of House Bi I1 137
(Article 2615f-la) are quoted as follows:
"The role and scope of the Texas State Techn ical
Institute shall be to:
(a) Provide occupationally oriented programs
in highly technical and vocational areas to include
field or laboratory work and remedial or related
academic and technical instruction related thereto.
Particular emphasis will be on industrial and
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Hon. J. H. Kultgen, page 3 (M-554)
'technological manpower needs of the state.
Technical and vocational programs shall be subject
to the approval of the State Board of Vocational
Education, and related academic instruction shall
be subject to the approval of the Coordinating
Board, Texas College and University System:
1. .. ..
2. . ...
3. Where there is a county, or a portion of said
county, in this state that is not in an operatinq
public junior colleqe district, then the institute
may, if requested by the local government and with
the approval of the Board of Vocational Education,
offer the proqrams so approved as set forth hereint ','
(b) Provide training programs for technical
teachers, counselors, and supervisors which shall be,
subject to prior and continuing approval of the
State Board of Vocational Education:
(c) Conduct manpower development and utiliza-
tion research programs for identification of train-, ,~
ing and retraining needs and projections, and for
curriculum development, either individually or in "
cooperation with other public and private institutions."
(Emphasis added.)
It seems clear that Section 7 (quoted above) authorizes
the Texas State Technical Institute, in cooperation with other
State agencies, to offer any or all of its program to students
in any county not in a junior college district, including
Nolan County: and such program includes both field and
laboratory work, which, by necessity would require facilities
for holding laboratory classes.
Since the Institute may operate its program within Nolan
County it is our opinion that it may be, done by an extension or
branch of its Waco campus, and in doing so accept the facilities
offered in Nolan County to carry out its program.
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,8 ,
- .
Hon. J. H. ,Kultgen, page 4 (~-554)
In light of the above answer to 'your first question, we
deem it unnecessary to answer your second question. "
SUMMARY
Pursuant to Section 7(a)(3) of Article '.
2615f-la, Vernon's Civil Statutes, the Texas
State Technical Institute may operate an
extension or branch of its Waco campus in
NolanCounty in facilities offered by said
county for the Institute's programs;
Prepared by James C. McCoy
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
Alfred Walker, Co-Chairman
Harold Kennedy
Bill Craig
2. T.~Fortesque
Richard Chote
MJXADE F. GRIFFIN
Staff Legal Assistant
NCLA WHITE
First Assistant
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