The Attorney General of Texas
August 1, 1980
MARK WHITE
Attorney General
Honorable Gibson D. (Gib) Lewis Opinion No. MW-214
Chairman
Committee on Intergovernmental Re: Authority of the Board of
Affairs Regents of North Texas State
House of Representatives University to designate the chief
Austin, Texas executive officer of the University
as chancellor
Dear Representative Lewis:
You have requested our opinion regarding the authority of the Board of
Regents of North Texas State University to designate the chief executive
officer of the university as chancellor.
Section 105.74 of the Education Code provides:
The chief executive officer of the university shall
serve as chief executive officer of the college of
osteopathic medicine.
The title to be conferred on the chief executive officer is not fixed by
statute.
The Board of Regents of North Texas State University has:
[w] ith respect to the management and control of
the university . . . the same powers and duties that
are conferred on the Board of Regents, State Senior
Colleges, with respect to institutions in that system.
Education Code S105.41. The Board of Regents, State Senior Colleges, “is
responsible for the general control and management of the universities in
the system,” and, pursuant to such authority, it may:
employ and discharge presidents or principals,
teachers, treasurers, and other employees.
Education Code 595.21. (Emphasis added).
P. 684
Honorable Gibson D. (Gib) Lewis - Page Two (MW-214)
In Attorney General Opinion MW-64 (1979), we said that the Coordinating Board
and a board of regents were prohibited from changing the statutorily established name
of an institution. In the present instance, however, the chief executive officer has no
statutorily established title. As a result, we believe that the Board of Regents, acting
under its general authority to employ officials, may designate its chief executive
officer as chancellor, so long as that individual is the chief executive officer of both
North Texas State University and the College of Osteopathic Medicine.
SUMMARY
The Board of Regents of North Texas State University may
validly designate the chief executive officer of the university as
chancellor.
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
Jon Bible
Susan Garrison
Rick Gilpin
Ann Kraatz
P. 685