Hon. Bevington Reed Opinion No. M- 1040

Commissioner Coordinating Board Re: Whether a simple **majority** Texas College &University **System** or a two-thirds majority P. 0. Box 12788, Capitol Station vote of the Coordinating Austin, Texas 78711 Board is required for approval of a School of Veterinary and ZoologicalMedicine within the Texas Tech University School ofMedicine, pursuant to Section 13 ofArticle 2919e-2, VerDear Dr. Reed: non's Civil Statutes.

Your recent letter requesting the opinion of this office concerning the referenced **matter states**  **as** follows:

"InOpinion M-757, dated December 22, 1970, theAttorney General held that 'TheCoordinating Board of the Texas College and University **System,** pursuant toArticle 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 inveterinary medicine within that School.'

"Nowthe question arises whether the Coordinating Board inapproving a School ofVeterinary and Zoological Medicine which will offer aprogram inveterinary medicine within the Texas Tech University School ofMedicine may do soby a simple **majority** of a Coordinating Board quorum, present and voting, orwhether such action requires a

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two-thirds (Z/3)majority of the Coordinating Board asprovided inArticle 2919e-2, Section 13,Vernon's Texas Civil Statutes, relating to recommendation of an additional institution?"
Section 13 ofArticle 2919e-2, Vernon's Civil Statutes, which is the Higher Education Coordinating Act of 1965 (hereinafter referred to as the "Act"),provides
as follows:

"No funds appropriated to any institution ofhigher education shall be expended for any program which has been disapproved by the Board, unless saidprogram is subsequently specifically approved by the Legislature. No new department, school or degree or certificate program approved by the Board or itspredecessor, the Texas **Com** mission of Higher Education, shall be initiated by any institution ofhigher education after the effective date of thisAct until the Board shall make awritten 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 hiqher education except apublic junior college shall be submitted, either prior to introduction
orby the standing **committee** considering **same,** to the Board for its opinion as to need of the State therefor, and the Board shall report its findings to the Governor and the Legislature, provided that a recommendation that an additional institution isneeded shall require the favorable vote of at least two-thirds (Z/3)of themembers of the Board. But a recommendation of theBoard shall not be considered to the introduction or passage of anyproposed statute." (Emphasis added.)

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Hon. Bevington Reed, page 4 (M-1040)

We have been apprised of the fact that the Texas Tech University School ofMedicine made application to the Coordinating Board for a new degree program inveterinary medicine pursuant to theprovisions of Section 10 of theAct. We have also been apprised of the fact that neither the School ofMedicine nor Texas Tech University have asked for, orproposed, a statute which would establish anew and separate institution ofhigher education.

Inview of the foregoing, you are advised that the portion of Section 13 relating to a two-thirds **majority vote**  requirement applies only in the situation where anew and separate institution of higher education isproposed, and, therefore, has no application to the internal organization of degree programs, schools, and departments within an existing institution ofhigher education.

Accordingly, the School ofVeterinary and Zoological Medicine at Texas Tech University School ofMedicine may be approved by the Coordinating Board by a simple majority of a Board quorum, present and voting.

SUMMA ROY -------
The two-thirds **majority** vote requirement of Section 13ofArticle 2919e-2, Vernon's Civil Statutes, is applicable onlywhere anew and separate institution ofhigher education isproposed, andhas no application to the internal organization of degree programs, schools, and departments within an existing institution of higher education.

The School ofVeterinary and Zoological Medicine at Texas Tech University School of Medicine **may** be approved by the Coordinating Board by a simple majority of a Board quorum, present and voting.

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The gravaman ofyour request iswhether theproposed School ofVeterinary and Zoological Medicine, to be operated within and as apart of the Texas Tech University School ofMedicine, isan "additional institution of higher education" within the scope of Section 13's requirement for
a two-thirds voting majority.

Section 2(g) of theAct defines the term "institution ofhigher education" tomean "anypublic junior college, public senior college or university, medical or dental unit
or other agency ofhigher education.

. . ." (Emphasis added.) Section 2(e) of theAct defined "medical and dental unit" as amedical or dental school asmay be established by statute
or asprovided in theAct. The Texas Tech University Medical School was established by statute in 1969 (Article 2632i, Vernon's Civil Statutes).

Attorney General's Opinion No. M-757 (1970)held that the Coordinating Board could alter the traditional role and scope of the Texas Tech University Medical School and order the initiation of adegree program inveterinary medicine.

Section 10 of theAct gives the Coordinating Board very broad powers to classify, andprescribe the role for and scope of, each public institution ofhigher education in Texas; that Section also gives the Board thepower to order the initiation, consolidation or elimination of degree programs at institutions of higher education. It should be noted that nowhere in Section 10 is there a two-thirds majority vote requirement concerning any of'the Board's actions taken pursuant to thepowers given itby that Section.

It is thus apparent that theportion of Section 13 underscored, supra, applies only toproposed statutory creations of new and separate institutions ofhigher education. Consequently, the two-thirds majority vote requirement of Section 13has no application to the exercise of the Board's duties as set forth in Section 10.

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Hon. Bevington Reed, page 5 (M-1040)

ey General of Texas

Prepared byAustin C. Bray, Jr. Assistant Attorney General

APPROVED: OPINION COMMITTEE

Kerns Taylor, Chairman W. E.Allen, Co-Chairman IvanWilliams James Maxwell Ray McGregor Harriet Burke

SAM MCDANIEL Staff LegalAssistant

ALFRED WALKER Executive Assistant

NOLA WHITE First Assistant

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