THE ATHHXNEU GENERAI. 

OF ‘?&ZXAS 

January 21, 1969 

Honorable Preston Smith 

Governor of Texas 

State Capitol Building 

Austin, Texas 

Dear Covernor Smith: 

Re: Whether the Board of 

Directors of Texas 

Technological College 

may create’& medical 

school as a part of 

the existing college 

at Lubbock witho:ut ” 

the passage of implementing legislation? 

Your recent letter requests the Attorney General to render 

an opinion on the above question. 

The Legislature of the State of Texas crested Texas .Technological College at Lubbock Ln ‘1923.- Article 2629; et seq., 

Vernon’s’ Civil Statutes. An examlnatloh of these ‘articles’ paveals. that Article 2629 sets out, the. purpos.e fpr ,whjch Te,xas .

Technological College was created. It reads as.followsn 

Opinion Ro. M-333 

’ The Texas Technological College at Lubbock 

shall ‘be a co-educational college giving 

thorough instruction in technology and 

textile engineering from which a student 

may reach the highest degree of education 

along the lines of manufacturing cotton, 

wool, leather and textile engineering, 

the chemistry of materials and technique 

of weaving, dyeing, tanning and the doing 

of any and all other things necessary ,for 

the manufacturing of raw materials into 
Honorable Preston Smith, page 2 (la-333) 

and increase the capacity of the'people 

for the democratic self-government, and 

particularly to give' instruction ii’~ technology, manufactu&g and agricultural pursuits, domestic husbandry and home economics so that the boys and girls of this 

State may atta'in their highest usefulness 

and greatest happiness and in so doing, 

may prepare themselves for producing from 

the State its greatest possible wealth." 

(Emphasis supplied) 

Further, Article 2631 sets out the courses which are authoriz'ed to be taught. It provides: 

" In addition to the courrres nrovlded in 

‘.. 

or short term courses &ZJ ,.f+q~~,q~d ranch 

husbandry and economicsand, the chemistry 

of soilsand the adaption of farm crops to 

the peculiar soil, climate and condition 

of that portion of the State in which the 

college is located and such other courses 

and degrees as the board, of, directors may 

see fit to provide as a means of supplying 

me educational facilities necessary for 

tnls section of th State. Th board shall 

Turnisn such assl.sEance to theefaculty and 

students of said college as will enable 

them to do original research work and to 

apply the latest and most approved method 

of manufacturing and, fn general, to afford 

the facilities of the college for the purpose of originating, developing, supporting 

and maintaining all of those agencies for 

the development of the physical, mental and 

moral welfare of the 8tudent8 who attend 

the college and for Surther purpose of developia&the material resources of the 

State to their highest point of value and 

usefulness by teaching the arts of commerce 

and manufacturing. All male students 

-.1637 -
1 

Honorable Preston Smith, Page 3 (M-333) 

attending this college shall be required to 

receive such Instruction In military science 

and tactic8 as the board 'of directors may 

prescribe which shall at all times comply 

in full with the requirements of tie United 

States Government now given as a prerequisite 

to any aid now extended or,hereafter to be 

extended by the Government of the United 

States to State institutions of this character 

and all such white male students shall, during 

their attendance at such college, be subject to such military discipline and control 

as the board of directors may prescribe." 

(Emphasis supplied) 

In this connection, the Board of Directors consists of nine 

directors pursuant to the authority of Article 2630, in which 

Board is vested the government, control and direction of the 

college. 

The first Inquiry shall be directed to the question of 

whether the Board of Directors has authority in the first Instance 

from these pertinent statutes to create a medical school without 

implementing Legislation, a queetlon to be resolved aside from 

limitations which may have been later placed on the 'Board of 

Directors by enactments of the Legislature. Such an inquiry must 

of necessity begin with a determination of the overriding purpose for the creation of Texas Technological College. In ascertaining such, certain rules of construction pertaining to 

statutes must be constantly bornsin mind. The first endeavor 

is to ascertain the legislative intent. Lacey v. State Banking 

Board, 118 Tex. 91, 11 S.W. 2d 496 (1928). S h an ascertainment 

m come from a general view of the entire Eiactment. Barber 

v. Giles, 146 Tex. 401, 208 S.W. 26 553 (1948). Once the-t 

of the lenislature has been established. the next ob.iective is 

to construe the statute so as to give effect to the purpose of 

the Legislature, Houston v. Allred 123 Tex. 334, 71 S.W. 2d 251 

(1934) - In this regard, statutory provisions are to be liberally 

construed to carry out the purpose intended by the Legislature. 

Free18 v. Walker, 120 Tex. 291, 26 S.W. 2d 627 (19301, Galveston, 

H. and S.A.R c?irK 

error ref.) Austin v. Co3 

1947, error're?. n.r.e 

194. 

75, v. Enderle, i70 s,w. 276 (T&x: ?%v:~A~. 

iPins, 200 S.W. 2d 666 (Tex. Civ. App: 

!,),mex . Jur. 2d 298, Statutes, Sec~tion 

Looking to these statutes and applying the above rules, the 

conclusion must be reached that the Legislature must have intended 

something more than,, 

collde". 

and in addition to, a mere "technological 

-1638- 
. . 

Honorable Preston Smith, page 4 (M-333) 

From the emphasized portions of the sta'tute set 'out ;In full 

above there is gleaned 'the pervasive idea that the'Legislature 

created'whatwas to be a "college of the first Hass" b$ offering 

the same"degrees as such a college. The Legislature recognized"' 

that in addition to the courses specifically provided for technology and textile engineering, the college should offer all courses 

given in standard senior colleges of the first class. Further, 

it specifically provided explicit power to ~the Board of' Directors 

to provide for such other courses and degrees as'the Board of 

Directors might see fit, and to this end the Board evidently 

was empowered to act without the need for implementing legislation. 

It would appear to 'be without merit to contend that because 

the statute speaks in terms of "college" that there is no authority 

to create a school of medicine, since such schools are foreign 

to what is envisioned as a four year college and are peculiar '~ 

only to universities. In addition to the statute dispelling such " 

a contention. the definition of "college" itself would likewise 

~(19263, it is found th t the word 'college" is applied to all 

do so for in State v. Erickson, 77 MoiTt. 429, 244 P. 287,‘291 

kinds of institutions From universities ~to business collegx 

ar?olleges: and others. More importantly, Texas Techno& 

gical College was designated by the Coordinating Board on April 

18, 1966, to be a university. It could hardly. he.. argued,.w,i.th . . ., . . . . . . . 

that throughout Texas and throughout the United States, higher 

education views the term "university" as cb#reiptive of multipurpose institutions offering instruction in a var,$ety of disciplines, awarding degrees of all levels, and especially the 

doctorate, and organized into a number of components whether 

they be calle'd schools, colleges, departments or divisions. 

As to whether or not Texas Technological College can create 

a medical school within the confines of the authority granted j8 

in the above statutes without implementing legislation is answered additionally by the experience of the college itself during 

the years it has existed. Today, it is made up of the following 

components, none of which were created by Implementing legislation: the School of Agriculture, the School of Arts and 

Sciences, the Schaol of Business Ad&n$stration, the School of 

Engineering, the School of Eome Economics3 the School of,Law, 

the Graduate School, ,and the Divisfonof.Extension. For~years 

various departments have awarded the.:,Doctorf, Philosophy 

degree after completion of the work required. These departments 

include biology, chemistry, chemical engineering, civil engineering, 

electrical engineering, English, geosciences, government, history, 

industrial engineering, mechanfcal engineering, physics, and 

psychology. 

1639 - 
Honorable Preston Smith, page 5 (M-333) 

Thus it is seen that using settled rules of law, a Construction of the statutes creating Texas Technological ~College 

leads one to the conclusion that the Legislature desired a 

“college of the first class,” and by empowering the Board of 

Directors to act to accomplish that purpose the further conclusion is reached that the creation of a medical school by 

the Board of Directors would be an accomplishment calculated 

to satisfy the intent and desire of the Legislature when it 

gave birth to Texas Technological College by the above’~ statutes. 

The creation of a medical school would be, as demonstrated 

above, entirely consonant with Its experience of ~operating 

under these statutes from its inception. It certainly cannot be said that it would be a deviation from the purpose of 

the statute. 

Having concluded that by the above statutes, the Board 

of Directors can create a medical school without implementing 

legislation, the further inquiry remains as to whether the 

Higher Education Coordinating Act of 1965, Vernon’s Civil 

Statutes, Article 2919e-2, modifies or limits the power residing in the Board of Directorsto create a medical school 

without resort to enabling legislation. 

Texas Technological College, being one of the many institutions in Texas which Is supported~by...appropriations.from the 

Legislature of the State of Texas is subject to all of the provisions of the Higher Education Coordinating Act of 1965. This 

Act creates a Coordinating Board, Texas College and University 

System and outlines specifically the powers and duties of the 

Coordinating Board, such Coordinating Board being the successor 

agency to the previous Texas Commission on Higher Education. 

The applicable portions of Article 2919e-2, Vernon’s Civil 

Statutes include Section 2 (e) which provides as follows: 

” ‘Medical and dental unit t means The University of Texas Medical Branch; Southwestern 

Medical School; South Texas Medical School; 

The University of Texas Dental Branch; M.D. 

Anderson Hospital and Tumor Institute; 

Graduate School of Biomedical Sciences at 

Houston; and such other medical or dental 

schools as may be established by statute 

or as provided in this Act.” (Emphasis 

supplied 1 

In Section 2 (g) ,the following definition is found: 

l”Institution of higher education’” means any 

-1640- 

. 
Honorable Preston Smith, page 6 (M-333) 

public ,junior.college, 

or ‘university, medical 

other agency of higher 

defined. ‘I 

public senior college ’ ~’ ,, 

ore dental ‘unit or 

education as herein ,’ ~ 

Section 2 (j) of Article 2919e-2 reads: 

“‘Degree program’ means any grouping of the 

subject matter courses which, when satisfactorily completed by a student, will 

entitle him to a degree from a public senior 

college or university or a medical or dental unit.’ 

Section 3 of the Act provides; 

” There isshereby established the Coordinating 

Board, Texas College and University System 

which shallhave its office in Austin, Texas. 

It shall perform only such functions as are 

herein enumerated and as the Legislature 

may assign to it. Functions vested in the 

governing,boards of the respective institutions of higher education, 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 .I’ 

There is found in Section 10 (6) that the Board representing 

the highest authority in the State in matters of public higher 

education shall: 

consolidation or 

or certificate programs where sue- is in the best 

interest of the institutions themselves 

,or the general requirements of the State 

of Texas> or when such action offers hope 

of achieving excellence by a concentration of available resources. No new 

- 1641- 
Honorable Preston Smith, page 7 (M-,133) 

Section 13 of the Act provides: 

"Eo funds appropriated to any institution 

of higher education shall be expended for 

any program which has been disapproved by 

the Board, unless said program'is subsequently specifically approved by the Legislature. Ho new department, school or degree 

or certificate program approved by the Board 

or its predecessorj the Texas Commission on 

Higher Education, shall be initiated by any 

institution of higher education after th 

efrective date of this Act until the Boared 

shall make a written finding that the department, school or degree or certificate 

program is adequately financed by legislative appropriation, by funds allocated 

by the Board, and/or by funds from other 

sources. Any proposed statute which would 

establish an additional institution of 

higher education except a public junior 

college shall be submitted, either prior 

to introduction or by the standing commlttee 

considering same, to the Board for its 

opinion as to need of the State therefor, and 

the Board shall report its findings to the 

Covernor and the Legislature, provided that 

a recommendation that an additional institution is needed shall require the favorable 

vote of at least two-thirds (2/3) of the 

members of the Board. But a recommendation 

of the Board shall not be considered a condition to the introduction or passage of 

any proposed statute.“ (Emphasis supplied) 

The legislative intention regarding medical schools is 

initially discerned from Section 2 (e) of the Act as quoted above. 

Since it states '. . .and other such medical or dental schools 

as may be established ‘by statute or as provided in this Act," 

(emphasis supplied), it becomes clear that the creation of medical 

schools through some means other than implementing legislation 

was contemplated 'by the Legislature. Further analysis then shows 

that in Section 10 (6), the specific authority was granted the 

Coordinating Board to establish other medical schools than those 

now in existence. 

10 (6)s 

Finally, looking to the last sentence of Section 

it is readily discerned that implicit in the entire section 

is the idea that a new department or degree program (which by definition includes medical school) can be created without implementing 

legislation so long as prior approval of the Board is obtained. 

-.1642- 
Honorable Preston Smith, page 8 (M-333) 

" 

There is nothing in the sedtion about the ‘need’ of’ s 

s 

ecial. ‘legis- .’ 

lation, and such a construction readeN Section 10~ 6) ‘boimistent 

with Section 2’ [e) and gives meaning to b&h sections,~‘a desired 

objective. The most that can be said by way 6f suminary’is thav 

the Legislature granted and’ recognized this power in the ‘Coordinating Board while at the same time it did not relinquish its 

own right to establish such schools by implementing legislation 

if it so desired. 

Section 13 of,,Artlcle 291ge-2 has-as its main thrust the ~. 

insuring that any . . .new department, 

. . ” 

school or degree or certif lcate program. uill not be initiated without the Co,ordinating 

Board havina exercised the functions for which it was set un. 

The second gentence of grction 13 speaks c& “no new dapartmint, 

school or degree. . .program” bring “. . .initiated by any institution of higher edueatias. . .” 

‘is found to be adequately finance 6 

emphaaid rupplled unti.1~ It, 

priation or otherwise. 

‘through legislat ve approImplicitly;’ at. the very least; is- the 

expression of the idea that a mediaal sohool can be created,- 

without the need for implementing legislation, for if implementing legislation is required, one could rationally assiime 

that the Legislature Itself would ensure Its adequate finanoing 

such that Its own action would not be r8ntiered nugatory. It 

ie, not to be presumed that the LeElslature would deStrOY at 

birth its own- enactment. Port Ac?es,v. Port Arthur, 346 S.W. 

26 324 (Tex. Civ. App. 1960, error ref. n.r.e.) This view is 

buttressed ‘by t&s fee% that when Sectioij 13., of the. statutes.. 

speaks in terms of a “proposed statute,” it does not appear 

until the third sentence of Section 13 and then speaks of the 

only function of the Beard as being the rendering of an opinion 

as to the”need” of the State for such proposed legislation, 

thus merely re-emphasislag that the creation of a medicill school 

can be done by implglentiag legislation and if such a route is. 

chosen, the role the Baud is to play. If, as a prerequisite 

to the establishment of a new department or degree program, 

there must first be obtained the specific prior 

Coordinating Board, pursuant to Sectien 10 (6 

gy;zli$ the 

Section 13 we find that a of 

h, 

t a Coordinating 

Board shall not be consid ite to the passage of 

a proposed statute establishing an lnlrtituticwr ef higgcr educstion (which includes a medical school); is it not reasomable to 

assume that in one instance the statute is speaking of the creation 

of a medical school without implementing legislation and in the 

other Instance is spmof the creation of a mediral school 

with implementing le islation? 

m in Section 10 ( 8 ) 

Otherwise, what the LegislatUre 

would be rendered ineffective by what it 

sets out in the last sentence of Section 13. It is to be preferred that a cona&%ction be given the two portions of ~the 

enactment which renders both viable rather than a construction ‘~ 

which would create a conflict. 

- 1643 - 
. , 

Honorable Preston Smith, page 9 (M-,133) 

The above construction then harmonizes Section 13 and Section 

10 (6) with the indication noted in Section 2 (e) of Article 291ge2, and thus comports with the established and cardinal rule of 

construction that “all the language and every part of a statute 

shall be given effect, if reasonably possible” and “. . .effect 

and meaning should be given to each and every sentence, clause, 

phrase, and word of the Act, as nearly as can be done consistently 

with the object and purpose of the legislature .‘I 53 Tex. Jur . 

26 228, Statutes, Section 159. 

Such an analysis can only point to the conclusion that the 

Higher Education Coordinating Act of 1965 presents no impediment 

to the creation of a medical school at Texas Technological 

College at Lubbock without implementing legislation. It should 

‘be pointed out that according to information furnished this 

office, the requirements of the Act are being met, for on December 3, 1968, the Coordinating Board, meeting in Austin, received 

a report from a Coordinating Board Special Committee which.recognized the necessity for a medical school to serve the special 

needs of West Texas, and thereafter, at a meeting of the Coordinating Board on January 9, 1969, authorized Texas Technological 

College to request funds from the Legislature for the orderly 

planning and development of an Innovative medical school on the 

campus of Texas Technological College at Lubbock. The Coordinating Board further stated that the medical school could be 

commenced as soon as facilities and programs are judged to ‘be 

adequate by the Coordinating Board and full financing provided 

by the Legislature. 

Although the Legislature did attempt to pass a bill for 

establishing a medical department as shown by the fact that in 

1965 the 59th Legislature enacted House Bill No. 14 (authorizing 

the Board of Directors of Texas Technological College to establish 

a medical department of the College), this enactment was subsequently vetoed by the Governor and thus did not become effective. 

No further attempt has been made since that time by the LegiSlature to pass such legislation. As shown by the discussion 

of the statutes creating Texas Technological College, such a 

method of creating a medical school was certainly available 

although not mandatory. Likewise, the Higher Education Coordinating Act of 1965, as demonstrated above, recognizes that this 

is an alternative to the procedures to be complied with under 

the various mandates establishing the Coordinating Board. The 

veto message of the Bill (House Journal, Texas House of Representatives, April 13, 1965, pages 1138-1143) signed by Governor 

Connally lists no legal objection to the creation of the medical 

school under discussion without implementing legislation, nor 

does it even insinuate that, the only method of creating such 

would be through legislative action. 

- 1644 - 
. . . 

Honora’ble Preston Smith, page 10 (M-333) 

Indeed,the thrust of the veto message'was that the legislation was simply premature, and the requisite findings to his 

mind had not been made. Re states on page 1138 that House Bill 

No. 14 would authorize the esttiblishment of a'medical'department 

by the Board of Directors of Texas Technological College prior' 

to the completion of any professional study as to medical needs 

of the State; and that this would.be contrary to-sound planning 

of such graduate programs. Such an objection is, of course, 

now met since the Coordinating Board has authoriied Texas 

Technological to request funds for a mediarrl school. 

We therefore find that the Board of Directors of Texas 

Technological College may create a medical school as~pert of .' 

the existing college at Lubbock with,out the passage of implementing legislation after full compliance with the Higher Rducation Coordinating Act of 1965. It is to be recognized, however, 

that althou@ no implementing legislation is required, theLegislature by virtue of its power over appropriations has, in 

the final analysis,~ the power to accept or reject this method 

of creating a medical school by Texas Technological.College. 

SUMMARY 

The Board of Directors of Texas Technological 

College may create a medical school as a part of the 

existing college atLubbock without the passage of 

implementing-le 

8 

islation 

Article 2629, 

through compliance with 

2 31, and 2919e-2, Vernon's Civil 

Statutes. 

YY truly yours, 

C. MARTIN 

orney General of Texas 

Prepared by Robert C. Crouch 

Assistant Attorney General 

APPRCVRD D 

OPIRIOM COMMITTEE 

Kerns Taylor, Chairman 

George Kelton, Vice-Chairman 

John Banks 

Rick Fisher 

Neil Wil3iams 

Mark White 

W.V. CRPPRRT ,' 

Staff I&gal Uaf8tent 

i 

-1645-