Untitled Texas Attorney General Opinion

F EXAS April 14, 1969 srni3toiA. k Aikin, Jr. Opinion No. M-373 C!hairtin, Committee on Education Capitol Building Austin, Texas Se: Constitutionality of Senate Bill 486 of Dear kenator Alkin: the 61st Legiaiature. You have requested our opinion on the validity of Senate Bill 486 of the 61st Legislature, tihich confers on the Coordinating Board the power to contract for tiertain purposes. Section 1 confers on the Coordinating Board, Texas College ahd University System, the authority to contriict "with any established accredited independent college or university in *exas, any group of such institutions, or any a~ssociation or agency composed of both state-supported and independent colleges, universities, or other facilities in Texa's." Se&tion 2 authorizes the COordinating Board to contract "for th@ administration, direction, and performance of services a'nd for pr~wision, maintenance, operation and repair of build- ings, facilities, structures, equipment, or materials necessary or pro&r to educa~tion, training, preparation, or instruction in the field of higher education or any specific aspect or branch' thereof." Section 3 authorizes the "Board to compensate the other contrac'ting party or parties in an amount tihich shall be determined upon the basis of cost of same or comparable services or faciiitie,s at State-supported institutions of higher education." Section 4 requires that any contract entered into under the terms of Senate bill 486 shall be baaed upon findings of need' for then service, a finding of economic benefit to the state in securing the services rather than in securing the s,ervic& by other means, and a finding of suitability of the - 1845- Senator A. M. Aikin. Jr., page 2 (M-373) contracting party to provide the facility or service in the public interest. Section 5 declares an emergency and states that the purposes of the act is to secure maximum utilization of all educational facilities in the state at a minimum cost to the state. The various institutions of higher education, under existing laws, are being operated and maintained by various governing boards, created by statutory enactment. Solawn v. Woodward. 287 S.W. 677 (Tex.Civ.App. 1926): Folev v. Benedict, 122 Tex. 193, 55 S.W.2d 805, 88 A.L.R. 477, 1933; Heaton v. Bristol, 317 S.W.Zd 86 (Tex.Sup. 1958). In maintaining and operating said institutions, the various Boards are authorized to employ facilities and to make such contracts as are necessary in the maintenance and operation of various institutions of higher education, See authorities cited above. Since the governing boards are created by a statute rather than by constitutional provision, the power to contract for various state institutions of higher education may be transferred to some other agency, if the legislature deems it advisable. Senate Bill 486 of the 61st Legislature merely authorizes various contracts for certain operations of the state institutions of higher education to be made by the Coordinating Board, rather than by the governing boards, of the state institutions of higher education. Senate Bill 486 is, therefore, a constitutional exercise of legislative authority. SUMMARY Since the various governing boards of State institutions of higher education are boards created by a statute rather than by constitutional provision, the legislature has the power to authorize another state agency: to wit, the Coordinating Board, Texas College and University System, to enter into various -1846- Senator A. M. Aikin. Jr., page 3 (M-373) contracts for the maintenance and operation of such state institutions of higher education. C. MARTIN General of Texas Prepared by George Kelton Assistant Attorney General APPROVED: OPINION CCMMITTEE Kerns Taylor, Chairman George, Kelton, Co-Chairman Bill Corbusier Bob Crouch Fielding Early Ray McGregor W. V. Geppert Staff Legal Assistant -1847-