THE

XAS

October 4, 1951

Hon. R. O'Hara Lanier, President Texas Southern University Houston 4, Texas OpinionNo. V-1298

Re: Authority of the Board ofRegents of Texas SouthernUniversity to prescribenew courses of study during the bienniumbeginning Dear Sir: September 1, 1951.

We quote from your recent letter as follows:

"The general appropriationbill, House Bill 426, passed by the 52nd Legislature, 1951,placed certainrestrlctions on courses of study, and set up certain standards for size of academic staffs and teaching loads for all state institutionsof higher education.Texas SouthernUniversitynaturallywas within the coverage of those provisions. However, later in this session the Legislature passed Senate Bill 286 which apparently conflictswith the regulatory provisions of the general appropriationbill.

"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 inHouse Bill 426. If this is true, It would mean that in effect Senate Bill 286 placed the university for all practicalpurposes 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 establishedby Senate Bill 140,Acts 50th Leg., 1947, ch. 29, p. 36 (Art. 2643b,V.C.S.). The name of the institutionwas 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 coloredpeople, there is hereby established a university of the first class in two divisions: the first, styled 'TexasSouthern 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 PrairieView 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 PrairieView Agricultural and Mechanical College shall be offered courses in agriculture, the mechanic arts, engineering,and the natural sciences connected therewith, together with any other coursesauthorized at PrairieView at the time of the passage of thisAct, all ofwhich shall be equivalent to those offeredat theAgrlcultural andMechanical 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 PrairieViewAgricultural and Mechanical College), arts and sciences, literature, law,medicine, pharmacy, dentistry, journalism,education, and otherHon. R. O'Hara Lanier, Page 3 (V-1298)

professional courses, all of which shall be equivalent to those offered at The University ofTexas. Upon demandbeing made by any qualified applicant for any present or future course of instruction offered at The University ofTexas, or Its branches, such course shall.beestablished 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~equaleducational opportunities and training as that availablent other persons of this state.

.

. . (Note:Texas Southern University has been substitutedherein for The Texas State University for Negroes to comportwith 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 endingAugust 

### 31, 19.53, appropriationsare made to Prairie ViewAgricultural 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 ofArticle V, su ra at pages 1469- 1470. These sectionsprovide-+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 instructionwhich was not in existence on October 1, 1950,nor for courses of instructionrequired for any degree which
was not being offeredby ;he institution
on October 1, 1950,

. . .
"Sec. 21. Standards for Size ofAcademic Staffs. The number of full-time teachers employed in each teaching institutionnamed in thisArticle 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 greaternumber.

"

. . . #I

. . .The intent of the Fiftysecond Legislature to limit the number of teachers employed at each institution to a reasonablenumber so that adequate salariesmay be paid thosewho are employed, and to preclude overstaffing which requires themoney appropriated to be divided between toomany 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 offerno elective coursewith 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, codifiedas Article 20 3b-1,V.C.S., by provides as follows:

"Section 1. The Board of Directors of theAgricultural and Mechanical College of Texas shallprescribe the courses of study and the degrees to be offered at the PrairieViewAgricultural and Mechanical College. The Board ofRegents Of Texas Southern University shall prescribe the courses of study and degrees to beHon. R. O%ara Lanier, Page 

### 5 (V-1298)

offered at the Texas Southern University. The courses of study and the degrees au;' thorisedby,the governing Boards, of the respective institutionsnamed above shall conform to the provisions of Senate Bill NO. 140, ,Actsof the 50th Legislature, 

### 1947.

~"Sec.2. Funds appropriated to the PrairieView Agricultural and Mechanical College and theTexas Southern University by Article V of House Bill Ro. 426, Acts of the ,52ndLegislature, 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 conflictwith the provisions of this Act are hereby repealed to the extent of such conflict only."

The legislativehistory relative to House Bill 426 and Senate Billy286 reveals that the last legislative action concerningHouse Bill 

### 426was the adoption of a Conference CommitteeReport thereonby the House onMay 10, 1951. The last legislative action concerning Senate Bill 

### 286was-the adoption of a Conference CommitteeReport thereon by the Senate on June 

### 8, 1951. Insofar as legislativeaction is involved, Senate~Bill 

### 286was the later expression of the legislativewill. If any provisions of these two acts are in conflict, "the first in time

or positionmust give way to the last, and the latter act will stand as the final expression of the legislativewill." Ex parte de JesusDDEla 0, 227 S.W. 28 212, 213 (Tex.Crim. 1950). SeeAtt'y Gen. Op. V-990 (1950),and authorities there cited.

The conclusion that Senate Bill 

### 286will control in case of conflictbetween 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 (HouseBill 

### 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);WrirchtHon. 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 SouthernUniversity and PrairieView Agricultural and Mechanical College "shall conform to the provisions of Senate Bill 140, Acts of the 50th Legislature, 1947." In Section 2 it furtherprovided that the appropriationsgranted to these two schoolsby Article V of House Bill 42.6 "maybe expended for the purpose of conducting such
courses of study as may be prescribedunder the provisions of Section 1." The provision in Senate Bill 140 requiring the establishment of coursesupon 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 sectionswould curtail the offering of courses which have been demanded.

The effect of Senate Bill 286 is to except Texas Southern Universityand PrairieView Agricultural and Mechanical College from the restrictions appearing in Sections 20, 21, and 22,ofArticleV, House Bill 426,where there Is a demardfora 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 institutionm:'ght not be able to ,comply with this requirement and at the same timemaintain its staff and minimum course enrollmentwithin 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 theminimum specified in Section 22.

SUMMARY

Senate Bill 286,Acts 52nd Lag., R. S. 1951, ch. 409, p. 752, exemptsTexas Southern University from theprovisions of Sections 20 21, and 22 ofArticle V of House Bill 426,Acts 52nd Leg.,R.S. 1951, ch. 499, p. 1228, (thegeneral 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 offeredupon 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, ReviewingAssistant BF77m,d

Charles D. Mathews Chester E. Ollison First Assistant Assistant

CEO:awcz