F EXAS 

April 14, 1969 

srni3toi A. 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 buildings, 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 

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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 

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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 

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