THE 

XAS 

October 4, 1951 

Hon. R. O'Hara Lanier, President 

Texas Southern University 

Houston 4, Texas Opinion No. V-1298 

Re: Authority of the Board 

of Regents of Texas 

Southern University to 

prescribe new courses 

of study during the 

biennium beginning 

Dear Sir: September 1, 1951. 

We quote from your recent letter as follows: 

"The general appropriation bill, 

House Bill 426, passed by the 52nd Legislature, 1951, placed certain restrlctions on courses of study, and set up 

certain standards for size of academic 

staffs and teaching loads for all state 

institutions of higher education. Texas 

Southern University naturally was within the coverage of those provisions. 

However, later in this session the Legislature passed Senate Bill 286 which 

apparently conflicts with the regulatory provisions of the general appropriation bill. 

"It is the belief of the university administration that Senate Bill 

286 operates to relieve Texas Southern 

University from the regulatory provlslons referred to above in House Bill 

426. If this is true, It would mean 

that in effect Senate Bill 286 placed 

the university for all practical purposes back within the operation of 

%~13~ill 140, Acts of the 50th Leg- 

, 1947, which set up the university. 
Hon. R. O'Hara Lanier, Page 2 (V-1298) 

"I request your official opinion 

regarding the effect of Senate Bill 

286 upon the general appropriation 

bill, House Bill 426, 1951, as well as 

its effect upon Senate Bill 140, 1947." 

The Texas State University for Begroes was 

established by Senate Bill 140, Acts 50th Leg., 1947, 

ch. 29, p. 36 (Art. 2643b, V.C.S.). The name of the 

institution was changed to Texas Southern Univerqitv 

by House Bill 82, Acts 52nd Leg., 1951, ch. 65, p. 109 

(Art. 2643f, V.C.S.)., 

Section 2 of Senate Bill 140, supra, reads 

as follows: 

"To provide instruction, training, 

and higher education for colored people, 

there is hereby established a university 

of the first class in two divisions: the 

first, styled 'Texas Southern University' 

to be located at Houston . . . to be governed by a Board of Directors as provided 

In Section 3 hereof; the second, to be 

styled ' The Prairie View A ricultural and 8 Mechanical College of Texas at Prairie 

View . . . which shall remain under the 

control and supervision of the Board of 

Dfrectors of The Agricultural and Mechanical College of Texas. At Prairie View 

Agricultural and Mechanical College shall 

be offered courses in agriculture, the 

mechanic arts, engineering, and the natural sciences connected therewith, together with any other courses authorized 

at Prairie View at the time of the passage of this Act, all of which shall be 

equivalent to those offered at the Agrlcultural and Mechanical College of Texas. 

The Texas Southern University shall offer 

all other courses of higher learning, including, but without limitation, (other 

than ae to those professional courses designated for The Prairie View Agricultural 

and Mechanical College), arts and sciences, 

literature, law, medicine, pharmacy, dentistry, journalism, education, and other 
Hon. R. O'Hara Lanier, Page 3 (V-1298) 

professional courses, all of which shall 

be equivalent to those offered at The 

University of Texas. Upon demand being 

made by any qualified applicant for any 

present or future course of instruction 

offered at The University of Texas, or 

Its branches, such course shall.be established or added to the durriculum of 

the appropriate division of the schools 

hereby established In order that the 

separate universities for Negroes shall 

at all times offer ~equal educational opportunities and training as that availablent other persons of this state. . 

. . (Note: Texas Southern University 

has been substituted herein for The 

Texas State University for Negroes to 

comport with House Bill 82, supra.) 

In Article V of House Bill 426, Acts 52nd 

Leg., R.S. 1951, oh. 499, p. 1228, the general appropriation bill for the biennium ending August 31, 

19.53, appropriations are made to Prairie View Agricultural and Mechanical College, Texas Southern 

University, and other State institutions of higher 

learning. Limitations on courses of study and 

standards for size of academic staff and teaching 

loads for these institutions are found In Sections 

20, 21, and 22 of Article V, su ra at pages 1469- 

1470. These sections provide -+ n part as follows: 

"Sec. 20. Limitations on Courses 

of Study. None of the appropriations 

herein made and authorized, whether upon 

the State General Revenue Fund, local instructional funds, or any other receipts 

and funds whatsoever except bequests and 

gifts, shall be expended for the contlnuance or establishment of a department of 

instruction which was not in existence on 

October 1, 1950, nor for courses of instruction required for any degree which 

was not being offered by ;he institution 

on October 1, 1950, . . . 

"Sec. 21. Standards for Size of Academic Staffs. The number of full-time 

teachers employed in each teaching institution named in this Article shall not, 
Hon. R. O’Hara Lanier, Page 4 (v-1298) 

for the fiscal year beginning September 

1, 1951, exceed the ratio of one such 

teacher for each fifteen (15) full-time 

student equivalents enrolled in such institution on the sixth class day of the 

spring semester of 1951 or the sixth 

class day of the fall semester of 1951, 

whichever is the greater number. 

" . . . 

#I 

. . . The intent of the Fiftysecond Legislature to limit the number 

of teachers employed at each institution 

to a reasonable number so that adequate 

salaries may be paid those who are employed, and to preclude overstaffing 

which requires the money appropriated 

to be divided between too many teachers." 

"Sec. 22. Teaching Loads. During 

the biennium for which these funds are 

appropriated, it is declared the intent 

of the Fifty-second Legislature that the 

Governing Boards and heads of all State 

institutions of higher education shall 

offer only such courses and teach only 

such classes for which there is such a 

demand that each full-time teacher shall 

have a teaching load that is economically justified; that they shall offer no 

elective course with an enrollment of 

less than ten (10) students in the lower 

division classes, and six (6) students 

in the upper division classes, and further that required courses under these 

limits should be kept to a minimum. . . .' 

Senate Bill 286, Acts 52nd Le R. S. 1951, 

ch. 409, p. 752, codified as Article 20 3b-1, V.C.S., by 

provides as follows: 

"Section 1. The Board of Directors 

of the Agricultural and Mechanical College of Texas shall prescribe the courses 

of study and the degrees to be offered at 

the Prairie View Agricultural and Mechanical College. The Board of Regents Of 

Texas Southern University shall prescribe 

the courses of study and degrees to be 
Hon. R. O%ara Lanier, Page 5 (V-1298) 

offered at the Texas Southern University. 

The courses of study and the degrees au;' 

thorised by,the governing Boards, of the 

respective institutions named above shall 

conform to the provisions of Senate Bill 

NO. 140, ,Acts of the 50th Legislature, 

1947. 

~"Sec. 2. Funds appropriated to the 

Prairie View Agricultural and Mechanical 

College and the Texas Southern University 

by Article V of House Bill Ro. 426, Acts 

of the ,52nd Legislature, 1951, may be expended for the purpose of conducting such 

courses of study as may be prescribed 

under the provisions of Section 1. 

"Sec. 3. All laws and parts of laws 

in conflict with the provisions of this 

Act are hereby repealed to the extent of 

such conflict only." 

The legislative history relative to House 

Bill 426 and Senate Billy 286 reveals that the last 

legislative action concerning House Bill 426 was the 

adoption of a Conference Committee Report thereon by 

the House on May 10, 1951. The last legislative 

action concerning Senate Bill 286 was- the adoption 

of a Conference Committee Report thereon by the Senate on June 8, 1951. Insofar as legislative action 

is involved, Senate~Bill 286 was the later expression of the legislative will. If any provisions of 

these two acts are in conflict, "the first in time 

or position must give way to the last, and the latter act will stand as the final expression of the 

legislative will." Ex parte de Jesus DDE la 0, 227 

S.W. 28 212, 213 (Tex. Crim. 1950). See Att'y Gen. 

Op. V-990 (1950), and authorities there cited. 

The conclusion that Senate Bill 286 will 

control in case of conflict between its provisions 

and those of House Bill 426 is su ported also b 

the rule that a specific statute PSenate Bill 286) 

will control over a general statute (House Bill 426 

enacted at the same ses,sion of the Legislature, regardless of the date of enactment of the two statutes. In such a situation, the specific statute 

will be treated as an exception to the general,provision. Cain v. State, 20 Tex. 355 (1857); Wrircht 
Hon. R. O'Rara lanier, Page 6 (V-1298) 

v. Broeter, 145 Tex. 142, 196 S.W.2d 82 (1946). 

The 52nd Legislature In Section 1 of Senate Bill 286 expressly provided that the courses of 

study to be offered at Texas Southern University 

and Prairie View Agricultural and Mechanical College 

"shall conform to the provisions of Senate Bill 140, 

Acts of the 50th Legislature, 1947." In Section 2 

it further provided that the appropriations granted 

to these two schools by Article V of House Bill 42.6 

"may be expended for the purpose of conducting such 

courses of study as may be prescribed under the provisions of Section 1." The provision in Senate Bill 

140 requiring the establishment of courses upon demand of qualified applicants is clearly in conflict 

with the provisions of Section 20 and with Sections 

21 and 22 of Article V in House Bill 425 insofar as 

these sections would curtail the offering of courses 

which have been demanded. 

The effect of Senate Bill 286 is to except 

Texas Southern University and Prairie View Agricultural and Mechanical College from the restrictions 

appearing in Sections 20, 21, and 22, of Article V, 

House Bill 426, where there Is a demardfor a course 

koaccordance with the provisions of Senate Bill 

Since these schools are required to establish 

such courses as are demanded, It is evident that the 

institution m:'ght not be able to ,comply with this requirement and at the same time maintain its staff and 

minimum course enrollment within the limits set out 

in Sections 21 and 22. However, we are of the oplnion that the schools are not authorized to offer duplicate sections in any elective course for which 

the enrollment does not meet the minimum specified 

in Section 22. 

SUMMARY 

Senate Bill 286, Acts 52nd Lag., R. 

S. 1951, ch. 409, p. 752, exempts Texas 

Southern University from the provisions 

of Sections 20 21, and 22 of Article V 

of House Bill 426, Acts 52nd Leg., R.S. 

1951, ch. 499, p. 1228, (the general appropriation bill) relating to limitations 

on courses of study, standards for size 

-_ 

-. 
Hon. R. O'Hara Lenler, Page 7 (v-1298) 

.- 

of academic staffs, and teacher loads 

when a course Is offered upon demand 

pursuant to the provisions of Senate 

Bill. 140, Acts 50th Lee;., 1947, ch. 79, 

sp. 36, codified as Article 2543b, V.C. 

. 

APPROVED: Yours very truly, 

J. C. Davis, Jr. PRICE DANIEL 

County Affairs Division Attorney General 

Jesse P. Luton, Jr, 

Reviewing Assistant BF77m,d 

Charles D. Mathews Chester E. Ollison 

First Assistant Assistant 

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