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 Zoological Medicine within the 

Texas Tech University 

School of Medicine, 

pursuant to Section 13 

of Article 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: 

"In Opinion M-757, dated December 22, 1970, 

the Attorney General held that 'The Coordinating 

Board of the Texas College and University System, 

pursuant to Article 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 in veterinary 

medicine within that School.' 

"Now the question arises whether the Coordinating Board in approving a School of Veterinary 

and Zoological Medicine which will offer a program 

in veterinary medicine within the Texas Tech University School of Medicine may do so by a simple 

majority of a Coordinating Board quorum, present 

and voting, or whether such action requires a 

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Hon. Bevington Reed, page 2 (M-1040) 

two-thirds (Z/3) majority of the Coordinating 

Board as provided in Article 2919e-2, Section 

13, Vernon's Texas Civil Statutes, relating 

to recommendation of an additional institution?" 

Section 13 of Article 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 

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. No new department, 

school or degree or certificate program approved 

by the Board or its predecessor, the Texas Commission of Higher Education, shall be initiated 

by any institution of higher education after the 

effective date of this Act until the Board 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 

hiqher education except a public junior college 

shall be submitted, either prior to introduction 

or by 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 is needed shall require the favorable 

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

of the Board. But a recommendation of the Board 

shall not be considered to the introduction or 

passage of any proposed 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 of Medicine made application to the 

Coordinating Board for a new degree program in veterinary 

medicine pursuant to the provisions of Section 10 of the Act. 

We have also been apprised of the fact that neither the School 

of Medicine nor Texas Tech University have asked for, or proposed, a statute which would establish a new and separate 

institution of higher education. 

In view 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 a new and 

separate institution of higher education is proposed, and, 

therefore, has no application to the internal organization 

of degree programs, schools, and departments within an existing institution of higher education. 

Accordingly, the School of Veterinary 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. 

------- S U MMA ROY 

The two-thirds majority vote requirement of 

Section 13 of Article 2919e-2, Vernon's Civil 

Statutes, is applicable only where a new and 

separate institution of higher education is proposed, and has no application to the internal 

organization of degree programs, schools, and 

departments within an existing institution of 

higher education. 

The School of Veterinary 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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Hon. Bevington Reed, page 3 (M-1040) 

The gravaman of your request is whether the proposed School of Veterinary and Zoological Medicine, to be 

operated within and as a part of the Texas Tech University 

School of Medicine, is an "additional institution of higher 

education" within the scope of Section 13's requirement for 

a two-thirds voting majority. 

Section 2(g) of the Act defines the term "institution of higher education" to mean "any public junior college, 

public senior college or university, medical or dental unit 

or other agency of higher education. . . ." (Emphasis added.) 

Section 2(e) of the Act defined "medical and dental unit" as 

a medical or dental school as may be established by statute 

or as provided in the Act. 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 a degree program in veterinary medicine. 

Section 10 of the Act gives the Coordinating Board 

very broad powers to classify, and prescribe the role for 

and scope of, each public institution of higher education in 

Texas; that Section also gives the Board the power 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 the powers given it by that Section. 

It is thus apparent that the portion of Section 13 

underscored, supra, applies only to proposed statutory creations of new and separate institutions of higher education. 

Consequently, the two-thirds majority vote requirement of 

Section 13 has 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 by Austin C. Bray, Jr. 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Ivan Williams 

James Maxwell 

Ray McGregor 

Harriet Burke 

SAM MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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