Untitled Texas Attorney General Opinion ( 1970 )

. .
Hon. Grover E. Murray, President Opinion No. M-757
Texas Tech University
School of Medicine Re: Whether, pursuant to
P. 0. BOX 4349 Article 2919e-2, Vernon's
Lubbock, Texas 79409 Civil Statutes, the
Coordinating Board of
the Texas College and
University System may
order the initiation of
a degree program in vet-
erinary medicine at
Texas Tech University
School of Medicine
without passage of im-
Dear Mr. Murray: plementing legislation.
your recent letter requesting an opinion from this
office concerning the referenced matter poses the following
question:
Whether the Coordinating Board, Texas
College and University System, acting under the
authority granted by the Higher Education Act of
1965, may, without passage of implementing legi-
slation, order the initiation of degree programs
in veterinary medicine at Texas Tech University
School of Medicine at Lubbock upon an application
duly made by the Board of Regents of the University
for such programs?”
your letter also states that, on September 26, 1970,
the Board of Regents of Texas Tech University Medical School
unanimously passed the following resolution:
WBBREAB, the Board of Regents of Texas Tech
University School of Medicine at Lubbock has ap-
proved a request for the development of a veteri-
nary medicine program; and
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I .
Hon. Grover E. Murray, page 2 (M-757)
"WBEEEAS, it shall be necessary that ap-
plications be made to the appropriate authori-
ties for the establishment of a veterinary
medicine program;
"THEREFORE, BE IT RESOLVED that the necessary
applications be made by the Administration to the
appropriate authorities for the establishment of
said veterinary medicine program."
The Texas Tech University Medical School was estab-
lished in 1969 by Article 2632i, Vernon's Civil Statutes. Section
3 of that Article provides:
"The board of (regents of Texas Tech Uni-
versity, acting as the board of regents of the
Medical School), or its successors, may orescribe
courses leadins to customarv decrees and may make
other rules and regulations for the direction, control,
and management of the Texas (Tech University) School
of Medicine as is necessary for the school to be a
medical school of the first class." (emphasis added.)
Section 8 of that Article providesr
"The medical school is subject to the
continuing supervision and the rules and regu-
lations of the Coordinating Board, Texas College
and University System, as provided by the Texas
Higher Education Coordinating Act of 1965 (Article
2919e-2, Vernon's Texas Civil Statutes)."
The powers of the Coordinating Board of the Texas
College and University System are set forth in Article 2919e-2,
Vernon's Civil Statutes, which is the Higher Education Coordina-
ting Act of 1965 (hereinafter referred to as the "Act").
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.
Hon. Grover E. Murray, page 3 (M-757)
Apposite portions of the Act are as follows:
"Sec. 2. Wherever used in this Act the follow-
ing words and phrases shall have the indicated meaning:
"(a) 'Board' means the Coordinating Board, Texas
College and University System herein created.
"(e) 'Medical and dental unit' means The
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other medical or dental schools as may be estab-
lished by statute or as provided in this Act.
"(9) 'Institution of higher education' means
any public junior college, public senior college
or university, medical or dental unit or other
agency of higher education as herein defined.
II
. . .
"Sec. 3. . . . Functions vested in the governing
boards of the respective institutions of higher edu-
cation, not specifically delegated to the Board, shall
be performed by such boards. The coordinating functions
and other duties delegated to the Board in this Act
shall apply to all public institutions of higher
education.
II
. . .
"Sec. 10. The Board shall represent the
hiqhest authoritv in the State in matters of
public hiqher education and shall
II. . .
"(3) Classifv, and nrescribe the role and
scope for, each public institution of hiqher
education in Texas and make such chanqes in
classification or role and scope of such in-
stitutions as it deems necessary.
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Hon, Grover E. Murray, page 4 (M-757)
"(4) Hear applica,tionsfrom the institutions
for changes in classification or role and scone.
"(5) Review periodically all degree and
certificate programs offered by the institutions
of higher education to assure that they meet the
present and future needs of the State,
"'(6)Order the initiation, consolidation or
elimination of aeqree or certificate programs
where such action is in the best interests of
the institutions themselves or the general re-
quirements of the State of Texas, or when such
action offers hope of achieving excellence by a
concentration of available resources, No new de-
partment D sch00~~ degree program, or certificate
program shalP be added at any institution of higher
education after the effective date of this Act,
except with specific prior approval of the Board.
u See, 11, DevePop and promote one or more
deqree or certificate proqrx to the highest
attainable quaPity at each in&j&ution of hiqher
education for which the particular institution
-iv suite-dand for which there is marked
promise of excellence,
"Sec. 12, Anv order of the Board affectinq
the classification, role and scope and proqram of
any institution of bioher education shall be entered
only (1) after a written factual report and,recom-
mendations from the Commissioner of Higher Education
covering the matter to be acted upon has been received
by the Board and distributed to the governing board
and administrative head of the affected institution,
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. .
Hon. Grover E. Murray, page 5 (M-757)
(2) after the question has been placed upon the
agenda for a regularly-scheduled quarterly meeting,
and (3) after the governing board of the affected
institution has had an opportunity to be heard.
Notice of the Board's action shall be given in
writing to the governing board concerned not later
than four months preceding the fall term in which
the change is to take effect.
"Sec. 13. . . . No new department, school or
decree or certificate procram approved by the Board
or its predecessor . . . shall be initiated bv anv
institution of hisher education after the effective
date of this Act until the Board shall make a
written findinc that the department, school or
decree or certificate proaram is adequately financed
bv leqislative aunropriation, bv funds allocated
bv the Board. and/or by funds from other sources
. . ." (emphasis added.)
Those portions of Section 10 of the Act, quoted supra,
confer broad, discretionary powers on the Coordinating Board to
prescribe and classify the "role" and "scope" of the Texas Tech
University Medical School, and to order the initiation of degree
programs.
Consequently, we are of the opinion that the Coordin-
ating Board, after (1) receiving an application from the Texas
Tech University Medical School requesting a change in its role
and scope as required by Section lO(4) of the Act, and (2)
after complying with the requirements of Section 12 of the Act
quoted supra, may order the initiation of a degree program in
veterinary medicine within the Texas Tech University Medical
School, and thereby alter the traditional "role" and "scope"
of that school.
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Bon. Grover E. Murray, page 6 (M-757)
We now come to the question of the necessity of im-
plementing legislation to effectuate the initiation of the vet-
erinary degree program.
We are of the opinion that this question has been
conclusively settled by Attorney General's Opinion No. M-333
(1969), which held that the Board of Directors of Texas Tech-
nological College had the power to create a medical school at
that institution without the passage of implementing legislation.
See also Attorney General's Opinion No. M-365 (1969).'
In view of the foregoing, your question is answered
in the affirmative.
SUMMARY
The Coordinating Board of the Texas College
and University System, pursuant to Article 2919e-2,
Vernon"s Civil Statutes, 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.
eneral of Texas
Prepared by Austin C. Bray, Jr.
Assistant Attorney General
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. ‘.
Hon. Grover E. Murray, page 7 (M-757)
APPROVED:
OPINION CCbU4ITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
J. C. Davis
Jim Broadhurst
John Banks
Roland Allen
MEADE F. GRIFFIN
Staff Legal Assistant
ATZREDWALKER
Executive Assistant
NOLAWHITE
First Assistant
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