THEAITORNE‘Y GENERAL 

OPT 

,ald C. Mann 

Hono George H. Shspp&rd OpinioR No.- o-J+167 

: Comptroller of Public Be8 Whether the desdribed expense 

; Acccunts 

Austin, Texas 

accounts) incurred for purposes authorieed by the Board of Regents of 

i ’ 

i,Dear Sir: I 

the University of Texas, may be 

allowed for payment o hi I 

g: 

& ’ You have requested a legal opinion from this dspartinent 

. as follows: I 

!*I am attaching hereto a complete file covering . 

expense accounts of Ed Syers g Executive Assistant of 

the Publfc Relations Department of the University of 

Texas, and Hubon We Black, DIrector of the UnSversfty 

Development Board of the University of Texas, 

“Before approvtig these expense accounts for payment agajlnst the local funds of the University this . 

department desfres your opfnion as to whether the Board 

of Regents is authorized to spend Sts monev for the DUPposes set forth i,~ these expense accountset* 

i. One expense account subm%tted with your letter,- that of 

f: Mr e Ed Syers, with the title of Wecutive Assistant of the Pub112 

I’ Belatfons Demrtment of the Unfversfty of Texas. 9s stated to ha-ve 

xr the- foil .owlng object x 

I -- -------- -- -- -- 

“Trip to Galveston to aid LnstallatJon of press 

relations divisfon at medical branch at Galveston; 

to publicize schoo~l-opentng convocation at mediLca1 

branch and to prepare folder of publicity releases 

on medical branch. Conference with Dean Spies, Willfams o Mr o Silas Ragsdale g Galveston News-Tribune= 

Cosaferences were held* wfth Silas Ragsdale g Galveston 

News-Tribune Mmaging Editor; Lloyd Gregory q HonstonPost ManagIng Editor,. and MO E. Walter) Houston Chronicle City Editor, regarding medfeal branch publfcftyon 

: 

-with 

The other expense account, that of ‘Mro Hulon W. Black, 

the 

the title of Director bf the Unfversfty Development Board of 

UnSversity of Texas 

object: 

9 is stated to have been for the following 

“ITo pursue various aspects of the Board?s busfness 

fhcludtig interview wfth Dr. R, G, Caldwell ti Boston; 
Eoni. George Ho Sheppard, page 2 (O-4167) 

presentation of radio project; cultivation of officials of Rockefeller Foundation and General$ducation 

d Board; conferences with certain potential donors; organization of the Board’s committee in New York; further presentation of radio pro$ect and various other 

necessary .oaU.s In Washtigton, etc2 

Regardieg the position occupied by Mr. Syers + we have 

been furnished the following information, 

The Department of tib1i.c Relations at the University 

was established by the Board of Regents as a department in 1939* 

It was an outgrowth of the commIttee on public information, the 

office of publicity, and the dfvision of public lectures and 

publicity, each of which originated in the Extension Division & 

19X2.0 The office of publicity’was first established as a separat 

admtiistratIve function in 1920e Following exhaustive reoomenda 

fions prepared by a special committee of the general faculty in 

1937, and adopted by the general faculty, and pursuant to recommendations made to the Board of Regents by the President of the 

UnSversity, the Public Relations Department was establIshed by 

the Board of Regents in July, 1939, as an integral part of the 

Unfversity. 1 

The function, purpose and-necessity for the Department 

of PublIe Relations are described as follows by the president of 

the University: 

Vn institutfon supported by the State has the 

obligation of making regular reports to the people of 

what IS taking place or is contemplated, The University of Texas in common wfth all other major universities, both state-supported and private, maitztains an 

organized bureau for public Information and servfce* 

The purpose of this department is to keep open the 

channels of informatioa in regard to the university% 

activities, to cooperate In the planning of programs 

of public service, and to dissemdnate news and articles of educatIona value, Such a department makes 

a state university 3.~ reality a public InstitutZon, 

If information on the universlty*s offerings are not 

made public, -much of the usefulness of the whole 

educational program ts nullified* Media used mostly 

for the dissemination of university tiformation and 

educational articles are the newspaper, magazine, and 

radio O Perhaps equally important ti giving out Information in regard to the educational offerings of the 

university are the conferences that are held, the letters that are written, the 1Sterature published and the 

personal visits that are made. University press releases are sent regularly to the press association and 

newspaper correspondent IQ Austin and to the State 

. 
George R, Sheppard, page 3 (o-4167j . 

i L 745 

Mr. Syers* .expense .account represents a trip to Galves- 

:ar& advised that the medical branch had no public relations deton where the medical branch of the Univers’lty- is lotiated. It 

was made in furtherance of the program of the Public Relations 

Department as it pertained to that branch of the University. We 

.partment or personnel. We are further adviied that the trip was 

-auot ed above ‘I and ticluded the gathering of information on 

F for purposes in addition to those described in the expense acl,the n&-cancer program and the new tropical medical program fosIBlack Is Director, w&s estab’lished by the Board be Regents of the 

The Development Board of the University, ‘of which Mr. 

University of Texas on May 31, 1939.- Budgets for the Board were 

1$&o ; and 1 9 4 1 4942 l The resolution establishing- Ehe %velopment 

Board defined its purpose as being to *Idevelop and carry forward 

[tapproved by the Regents for the fiscal years of 1918-UW: 19390 

program for the development of ‘the University through gifts and 

dowment s l I4 The trip represented by Mr. Black’s experise account 

s for the purpose of furthering plans for gifts and bequests to 

he University. 

Under recent date this department was wrltten as follows 

by Dr. Homer 3. Raineyr President 05 the Universityr concerning 

the two departments &er revfew: - . 

**I can say without any hesitation whatsoever that 

both I and theBoard of Regents regard these two departments as among the most important ‘in the University. 

* 

b Both are contributing some outstanding values to the 

development of the University, and it would be a serious 

daily and wee&newspapers.” 

Articles 2584 and 2585, Revised Civil Statutes of Texas 

1 order as folXows8 

ftAxt%cle 2584b The government of the University of 

Texas shall be vested in a -Board of Regents composed of 

nine prsons. They shall elect a chairman from their number who shall- serve at the pleasure of the board. The 

State Treasurer shall be the treasurer of the University. 

The board shall have the right to make &d use,a common 

seal and may alter the same at pleasure. 

%%iele 2585 . ’ They shall establish the dtiparbments 

of a first-class tiiversity, determine< the offices and 

professorshipsj ‘appoint a president) who shall, if’ th.ey 

think it advisable, also discharge the duties of a professor’, appoint the professors and other officers, fix their 
Hon a 

gent sion s&L 

ture 

of h 

1943 

746 

,c 

u 

George Ha Sheppard, page 4 (024167) 

respective salaries; and they shall enact such-by-laws, 

rules and regulations as may be necessary for the suceessful management and goverment of theXNI.versity; 

they shall have power to regulate the course of instraetion and prescribe by and with the advice of the .professors 9 the books and authorities used ti the several departments, and to confer suoh degrees and to grant such 

dlpkmas as are usually conferred and granted by universitllees.” 

Regarding the authority thus vested in the ‘Board of Be 

s of the-University of Texas-under these ~&&&es, the c~mi 

of $ peals of Texas 

(‘2d) 805, op%ni 

fa the case of Foley vso Benedict, 55 

on adopted by the Supreme Court, has declared1 

ltBj .the same statute, the Board is also authorized 

to enact -all such by-laws, rules and regulations as may 

be necessary to the governmentof the University. By and 

with the consent of the faenlty the Board of Regents has 

enacted the rule above quoted; 

the mandate of the 

and, further carrying out 

State, they have adonted courses of 

study to be pursued $n the school of mehieine@ Since the 

Board of Regents exercises delegated powers, itsrules are 

of the same force as would be a like enactment of the Legislature 9 and its official interpretation placed upon the 

rule so enacted becomes a part of the rule* West Texas 

Compress and Warehouse Comx>ans vse R, Comx,anv tTex.Comm. 

of AppA 15 &W&a> 558, 560-i *** 

Vhe Legislature of this State having lodged the powe 

with the Board of Regents to enact rules and regulations 

a 

f 

as may be necessary for the successful management and government of the University, they shall have power. to adopt 

such rules and to regulate the course of instruotion, and 

prestzribe, by and with the -advice of the faculty, the books 

and authorities used in the several departments, That authority rests with the Board of Regents and the faculty .as 

provided for by statute; and, if a change or modifieat ion 

is desfred in the rules and regulations, It is a matter for f 

the consideration of the Legislature, The courts will not . 

interfere therewith 9n the absence of a clear showing that 

they have acted arbitrarily or have abused the authority 

vested in them, The great weight of authority sustain this 

doctrine, **rkrt , I 

House Bill No0 272,. Acts of the Forty-seventh Legisla9 is the appropriation bill for the educational institutions 

lgher- learning in Texas for the biennium ending -August 31, 

l Section‘ l(a) of this appropriatfon bill reads. as follows: 

“That all balances in the institutional funds of the 

several State institatioas d&ed in this J&tit, ‘at. the close 

% 
- _ .- __ 

rr-a* George EL Sheppard, page 5 (0-4167) Y4? 

P .: of the fiscal year ending August -31 1941, including 

-. balances in their revolving’ funds at ‘that time, md 

E the entire Income to said funds during each of the two 

-.T .fiscal years ending August 31, 19429 and August 3X, 

k<. 1943, which are not otherwise appropriated for either 

5 Lr ’ or both .of said fiscal years are hereby appropriated 

for the support, maintenance, operation, ’ and improve- 

; _ &* ment of said State institutions during each of the said 

p;- fiscal years, respectively.lf FT < cg lp-i gt Subsection (3) of the general riders to this approprfaq 

yn bill provides as follows: 

$? . 

ffInstitutional Receipts: MO property belonging 

-:‘to any of the institutions herein provided for, or any 

agency thereof, shall be sold ‘or disposed of without 

3p. the consent of its governing board, and’all proceeds 

& from the sale of such property, from labor performed, L- __; %: from the sale of materials, crops and supplies, from 

g t & fees, and any and all other receipts shall become and 

s$.. f ar e he rb e Y am onriated as maint nance or 60 n t &n gent 

und to be exokded under the d&&ion and with the 

k~ aWrova1 of the goverug board having jurl.sdictj.oq, i, : ; 

; Said governing boards are authorized to use out of ‘.. *< the proceeds of said receipts and funds, in accordance 

t;:.. with the provisions of this Act, such amounts as they 

8 shall deem necessary for the suunorta maintenance, 

+, operation and imr> m nts of said inst4tuti ns bY $ balances remai,n&“~~ &e credSt of any of szld*&p ..* 

~’ stitutlonal local funds at said institutions or in the 

;‘~‘State Treasury at the end of any fiscal year ark here- 

$+ - by reappropriated for the above-mentioned purposes for 

f the succeeding. year.” (Bmphasis added) 

In subsection (6) appear these provisions: 

p . @a* * r)r t No traveliag expenses shall be incurred by 

!k- , board members, heads of institutions, or by any employee 

3 - J ,of any of the schools, or other agencies named herein, 

L 63 -de. or out side of the boundaries, of- the State of Texas. <$- 

% formed outside the Sta:: &ce& upon 

except for State busa s and no travel shall. be perthe advance written 

g;. 

8.:; 

consent of the school’s Board-of Regents or directors. 

The term ‘maintenance 8 

.> 

, ‘L *4*tq (Emphasis added) 

may include the traveling expenses. 

3 4 ;?S 

@I> From th2s review we may make the following observation 

First. The Legislature has not assumed to manage ‘and 

Sol the University of Texas directly, but .has delegated the 

rment of this ,tistitutton to its Board of Regents. 

I 

S 
I 

1, i . 748 

Bono George H. Shespard, page 6 (Q-4167) -- . - - 

Second* Thestatutes -expressl$ vest the Board of Regents with the p-@wer and authority, to-establish dep&rtments in 

the Uziiver4ity and tci det6zmiae the offices thereof. They enjoin upoa the Board’the duty of enaoting such by-laws, Nles a 

regulations as may be neoessary for the successful management 

government of the University. 

Thfrd o 

sion of Appeals, 

The Supreme Court of Texas, through its Commis# 

has clearly recognized and upheld the validity 

of these statutes and has vouchsafed to the rules enacted bv the 

Board of Regents tn the exercise of its delegated powers the 

and effect of like - enactments -- _-_ of the - &ee:islatureo 

-v- - --- -- - 

Fourth, The Board of Regents of the Unfversity has es4 

tablished both the Public Relations *Department and the Developmen’ 

Board of the University whereunder both ML Syers and Mr* Black 

serve in their official capacities, 

Fifth. Since the’ establishment of these departments b; 

the Board of Regents, subsequent legfslatures of the State have 

neither changed nor modIf9ed the action of the Regents in such pi 

thulars nor in any manner circumscrfbed or restricted the auth 

ity existent in the Board by virtue of Articles 2584 and 2585, ’ 

supr a o i J 

Sixth e The Forts-seventh LedsSxture in House --_-- ---- B311 -- N'o 

272 expressly provided th& “**cAIk $&eed~***from fees, and 

any and a3.1 other receipts shall become and are hereby apGropriaas maZntenance or contingent fund to be expended under the dlrecl 

tion and with the approval of the governing board having jurisdic 

t ion. Said governing boards are authorized to use out of the pri 

ceeds of said receipts and funds, in accordance with the provisir 

of this Act, such amounts as they shall deem necessary for the i 

Port? maintenance. oneration and imProvement of said institutloq: 

***The term Imaint enance 1 

,(Emphas is added) 

may %nclude the traveling expenses***rfi 

Seventh o The Forty-seventh Legislature expressly prohi 

Ued the allowance of traveling expenses inside or .outside of th 

boundarIes of the State of Texas except when such expenses shall 

have been incurred for ‘“State business.” 

If the expenses represented by the expense accounts of’ 

Ike SYers and Mr. Black were incurred for State business, they m 

be allowed - and -_ -_ nald. i r ---- - 

of whether 

A deefsion upon this’ question involves a consideration 

the creation of the departments involved was within 4 

powers granted to the Board of Regents of.the University, and i 

whether the obgects and purposes for which the expenses were in4 

red were 1egitZmate activities in furtherance of the programs tb’ 

inaugurated. 
km, George H, Shepptid, page 7 (O-4167) .’ ’ 

:, 

: . . 33tate’busiriess”~ signifies -the accomplishment of a 

governmental function; it z’equiies th;a’t;--the me%ms ad’ method 

gdopted be reasonably necessary; it implies that the particular 

governmental faction. involved be‘ one directly eiztrusted to the 

knst itution or department assuming its accomplishment. 

The Legrslatures of Texas have not undertaken to define 

Wtate business U $.Q .relation to the University of Texas, The 

g6vernmnt of that institution9 a serious and complex responsibiltty, has been entrusted to the Board of Regents and to that Board 

has been given broad and comprehensive powers. It is manifest 

that the Uministration and Board of Regents of the University 

@We in a superior position to know and wderstand, and to accomplish, the successful management and governraent of the University. 

Upon them has been imposed the responsibility therefor. r The presumption is always in favor of the reasonableness and legality of 

that which they do. As said by the court $n’Foley v+ *Benedict, 

supra, “the courts will not interfere therewith in the absence of 

a clear showing that they have acted arbitrwily or have abused 

the authority vested in them? This does not mew,of course,that 

acts beyond the law should be upheld. It does mean, however, 

that this department should be restrained, as are the courts, in 

overturning the -deliberate and considered acts of those entrusted 

with, and peculiarly equipped for, the administration of this 

State institution. 

To disallow the expenses under review would mean, obviously, a destruction of the Public Relations Department and Development Board of the University created by the Board of Regents 

&nd which have been functioning for a nmber of years without 

challenge or modification by the Legislature. This is true because 

the expenses represent activities which we the essence of the department s themselves. If the expenses incurred, for the purposes 

for whidh they ware incurred, are. illegal, necessarily the departBents were illegally created beoause that for which the expenses 

were incurred is the accomplishment of that for which the two department s were established. 

IIt is our opinion that public relations _apperfaJning to 

the University of Texas, and the development of the University of 

Texas, as represented in the Public Relations Department and the 

Development Board constitute. valid functions of the University; 

that the means and method adopted for the accomplI.shment of these 

f.unctions, represented in the expense accounts before us) are reasonably and substantially related to the functions of government 

entrusted to this educational institution, and consistent with the 

authority granted to the governing board of the Institution. 

It is our opfnion that the expenses incurred as represented in the expense aoeomts submitted to us of Hr* Syers and 

h 
I- , -.-a 

page u W-41671 . - 

-' 

Mr. Bleick were for State bnsiaess~aad therefor@ may be allowed 

and paid. - ,. * ‘_ 

r. 

We are returnfng the Bxpense.aoc0unt.s.herewith. 

QPPRWED: OPIBIOH'CO~ITTEE .' 

BY: BWB a CHAXRMAR ..‘,, 

2XSte3rwb 

rncls. 

. . . , 

. 

Yours’ &&y trtLy 

. 

ATTORN~YQEeJERaL OF TEXBS 1 d 

By JS/ Zollie CL Steakley ’ 

Zollie C ?’ Steakley, %ssi&& 

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II 

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