The Attorney General of Texas 

JIM MATTOX 

Attorney General 

December 5, 1983 

Supreme Court Building 

P. 0. Box 12546 

Austin, TX. 76711. 2546 

512/475-2601 

Telex 9101674-1367 

Telecopier 5121475.0266 

714 Jackson, Suite 700 

Dallas, TX. 75202.4506 

2141742.6944 

4624 Alberta Ave., Suite 160 

El Paso, TX. 79905.2793 

9151533.3484 

pO1 Texas. Suite 700 

.ouston, TX. 77002-3111 

7131223-5666 

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Lubbock. TX. 79401.3479 

6W747.5236 

4309 N. Tenth, Suite B 

McAllen, TX. 76501.1665 

5121662-4547 

200 Main Plaza, Suite 400 

San Antonio. TX. 76205.2797 

512/225-4191 

An Equal Opportunity/ 

Affirmative Action Employer 

Mr. Larry Temple Opinion No. m-97 

Chairman 

Coordinating Board Re: Whether an individual 

Texas College and University System may 8srve simultaneously as a 

P. 0. Box 12788, Capitol Station member of the Coordinating 

Austin, Texas 78711 Board and a Junior College 

Board 

Dear Mr. Temple: 

You have asked us to determine who is the proper holder of one of 

the positions on the Coordinating Board of the Texas College and 

University System -- Dr. Gwendolyn Morrison or Mr. George Bramblett. 

You inform us that Governor Clements appointed Dr. Morrison to the 

Coordinating Board of the Texas College and University System in 

October, 1979 for a term to expire in August, 1985. At the time of 

her appointment to the Coordinating Board of the Texas College and 

University System Dr. Morrison was serving a six-year term on the 

Tarrant County Junior College Roard to which she was elected in April, 

1976. Against the advice of Governor Clements' legal staff, Dr. 

Morrison continued to serve on the Tarrant County Junior College Board 

after her appointment to the Coordinating Board of the Texas College 

and University System. In April 1982, Dr. Morrison was x-elected to 

her position on the Tarrant County Junior College Board. Contending 

that Dr. Morrison could not serve concurrent terms on the two boards, 

Governor Mark White appointed Mr. George Bramblett to the Coordinating 

Board of the Texas College and University System to replace Dr. 

Morrison on October 6, 1983. 

Dr. Morrison insists that she can continue to serve on both 

boards and that Governor White's appointment of Mr. Bramblett was 

invalid. We disagree with Dr. Morrison. We conclude that Dr. 

Morrison relinquished her position on the Coordinating Board of the 

Texas College and University System when she began her second term on 

the Tarrant County Junior College Board and that Mr. Bramblett is the 

proper holder of the position vacated by Dr. Morrison. 

Texas law provides that one person may not hold two civil offices 

which are incompatible. Attorney General Opinion O-3308 (1941). This 

office has determined incompatibility on a case-by-case basis. See 

Attorney General Opinions M-842 (1971) (offices of domestic relations 

p. 411 
Mr. Larry Temple - Page 2 (JM-97) 

judge and member of board of directors of Texas Southern University 

are compatible); V-63 (1947) (offices of county commissioner and 

trustee of independent school district are compatible); O-5145 (1943) 

(offices of county commissioner and trustee of a rural high school 

district are incompatible). 

Attorney General Opinion V-63 set forth the following test for 

determining whether two offices should be considered incompatible: 

One of the most important tests as to whether 

offices are incompatible is found in the principle 

that the incompatibility is recognized whenever 

one is subordinate to the other in some of its 

important and principal duties, or is subject to 

supervision by the other, or where a contrariety 

and antagonism would result in the attempt by one 

person to discharge the duties of both. Under 

this principle two offices are incompatable where 

the incumbent of one has the power . . . of 

appointment as to the other office, or to audit 

the aCCO""ts of another, or to exercise a 

supervision over another. 

Attorney General Opinion V-63 (citing Knuckles v. Board of Education 

of Bell County, 114 S.W.2d 511 (KY. 1938). 

We conclude that positions on the Coordinating Board of the Texas 

College and University System and the Tarrant County Junior College 

Board are incompatible. Section 61.051 of the Education Code defines 

the role of the Coordinating Board of the Texas College and University 

System: 

(a) The board shall represent the highest 

authority in the state in matters of public higher 

education. 

(b) The board shall define a junior college, a 

senior college, a university, and a university 

system; provided, that nothing in this section may 

be construed to authorize the board to establish 

or create any university system or to alter any 

university system presently existing by virtue of 

statute or the constitution of this state. 

(c) The board shall develop and publish 

criteria to be used as a basis for determining the 

need for changing the classification of any public 

institution of higher education and for 

determining the need for new public junior 

p. 412 
Mr. Larry Temple - Page 3 (JM-97) 

colleges, public senior colleges, universities, or 

university systems. 

(d) The board shall classify and prescribe the 

role and scope for each public institution of 

higher education in Texas, shall make such changes 

in classification or role and scope of each 

instituti~on as it deems necessary, and shall hear 

applications from the institutions for changes in 

classification or role and scope. The board shall 

make recommendation to the legislature with 

respect to maximum enrollment limits for each 

public institution of higher education in the 

State of Texas and m=Y recommend to the 

legislature maximum enrollment limits for any 

department, school, degree program, or certificate 

program at any such institution. 

(e) The board shall review periodically all 

degree and certificate programs offered by the 

institutions of higher education to assure that 

they meet the present and future needs of the 

state. The board shall also order the initiation, 

consolidation, or elimination of degree or 

certificate programs where that action is in the 

best interest of the institutions themselves or 

the general requirements of the State of Texas, or 

when that action offers hope of achieving 

excellence by a concentration of available 

resources. No new department, school, degree 

program, or certificate program may be added at 

any institution of higher education except with 

specific prior approval of the board. Once 

approved, no department, school, degree program, 

or certificate program at any institution of 

higher education may be expanded to include 

subject matter courses that are outside of 

approved degree and certificate programs except 

with specific prior approval of the board. 

(Emphasis added). 

In our opinion, the Tarrant County Junior College Board is 

subordinate to the Coordinating Board of the Texas College and 

University System "in some of its important and principal duties." 

The Coordinating Board of the Texas College and University System 

"defines a junior college," and subsections (c), (d), and (e) of 

section 61.051 clearly empower the Coordinating Board of the Texas 

College and University System to directly supervise critical aspects 

of the administration of a junior college such as Tarrant County 

p. 413 
Mr. Larry Temple - Page 4 (JM-97) 

Junior College. In our opinion, it would be improper for Dr. Morrison 

to serve concurrent terms on the Coordinating Board of the Texas 

College and University System and the Tarrant County Junior College 

Board. 

The incompatibility of these two offices invites application of 

the common law doctrine of vacation: 

Persons who accept and qualify for offices that 

are incompatible with offices they already hold 

ipso facto relinquish their prior posts. 

Attorney General Opinion MW-170 (1980). See Purcell vet. Carrillo, 349 -- 

S.W.Zd 263 (Tex. Civ. App. - San Antonio 1961, 

Flores, 505 S.W.2d 406 (Tex. Civ. App. - San Antonio 1973, writ r, 

n.r.e.); Attorney General Opinions bib'-170 (1980); H-155, H-117 (1973); 

no writ); Ramirez v. 

ef'd 

Accordingly, we have determined that Dr. Morrison's career in 

public office has progressed as follows: in October 1976 Dr. Morrison 

began a term on the Tarrant County Junior College Board; she 

relinquished this position when she accepted Governor Clements' 

appointment to the Coordinating Board of the Texas College and 

University System; she then relinquished her post on the Coordinating 

Board of the Texas College and University System when she accepted her 

second term on the Tarrant County Junior College Board. This left her 

position on the Coordinating Board of the Texas College and University 

System vacant. 

We conclude that Mr. George Bramblett is the proper holder of the 

position on the Coordinating Board of the Texas College and University 

System. 

SUMMARY 

An individual may not serve simultaneously as a 

member of the Coordinating Board of the Texas 

College and University System and a Junior College 

Board. Upon acceptance of a position on one of 

the boards, membership on the other board is 

relinquished. 

- JIM MATTOX 

Attorney General of Texas 

p. 414 
’ . 

Mr. Larry Temple - Page 5 (JM-97) 

TOM GREEN 

First Assistant Attorney General 

DAVID R. RICHARDS 

Executive Assistant Attorney General 

Prepared by Rick Gilpin 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Rick Gilpin, Chairman 

Colin Carl 

Susan Garrison 

Jim Moellinger 

Nancy Sutton 

P 

p. 415