THEAITORNE‘Y 

## GENERAL
OPT ,ald C. Mann

HonoGeorge H. Shspp&rd OpinioR No.-

### o-J+167 : Comptroller of Public Be8 Whether the desdribed expense ; Acccunts Austin, Texas accounts) incurred for purposes au

### thorieed by the Board of Regents of ’ i i,Dear Sir: I the University of Texas, maybe allowed for paymento hi I g: & ’ You have requested a legal opinion 

### from this dspartinent

. as follows: I

!*I amattaching hereto a complete file covering

. expense accounts of EdSyers gExecutive Assistant of the Publfc Relations Department of the University of Texas, and HubonWeBlack, 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. Oneexpense account subm%ttedwith your letter,- that of f:MreEdSyers, 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 .owlngobject 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 DeanSpies, Willfams oMroSilas Ragsdale gGalveston News-Tribune= Cosaferences were held*wfth Silas Ragsdale gGalveston News-Tribune Mmaging Editor; 

### Lloyd Gregory qHonstonPost ManagIngEditor,. and MOE. Walter) Houston Chronicle City Editor, regarding medfeal branch publfcftyon
: -with The other expense account, that of ‘MroHulon W.Black, the the title of Director bf the Unfversfty Development Board of UnSversity ofTexas object: 9is statedto have been for the following

“ITopursue various aspects of the Board?s busfness fhcludtig interview wfth Dr. R, G, Caldwell ti Boston;Eoni.George HoSheppard, 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 NewYork; 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 madeto 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 commonwfth 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 madepublic, -muchof 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

. iL 745

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

:ar& advised that the 

### medicalbranch 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. Weare further adviied that the trip was

-auoted above‘Iand 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&sestab’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 19 414942 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 

### throughgifts 

### and dowment

s lI4 The trip represented by Mr. Black’s experise account s for the purpose of furthering 

### plansfor 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: - .

**Ican say without any hesitation whatsoever that both I and theBoard of Regents regard these two departments as amongthe 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 andwee&newspapers.”

Articles 

### 2584and 

### 2585,Revised Civil Statutes of Texas 1order 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 mayalter 

### the sameat 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 

### thinkit advisable, also discharge the duties of a professor’, appoint the professors and other 

### officers,fix theirHona



# gent sion s&L

ture of h 

### 1943 

## 746 ,c u
George HaSheppard, page 4 

### (024167) respective salaries; and they shall enact such-by-laws, rules and regulations as maybe necessary for the suceessful managementand goverment of theXNI.versity; they shall 

### havepower to regulate the course of instraetion and prescribe 

### byandwiththe advice of the .professors 9the books and authorities used ti the several 

### departments, and to confer suoh 

### degreesandto 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 SupremeCourt, has declared1 ltBj.the samestatute, 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 $nthe school of mehieine@ Since the Board of Regents exercises delegated powers, itsrules are of the sameforce as would be a like enactment of the Legislature 9and 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,anvtTex.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 maybe necessary for the successful managementand government of the University, they shall have power.to adopt such rules and to regulate the course of instruotion, 

### and prestzribe, by andwith 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 No0272,. Acts of the Forty-seventh Legisla9is 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 ELSheppard, 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 r L’ 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: MOproperty 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 n &n ar he e Yam onriated as maint nance or s$..f e rb 60 t gent und to be exokded under the d&&ion andwith 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 deemnecessary for the suunorta maintenance, +, operation and imr> mnts 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 Notraveliag 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 namedherein, L 63 -de. or outside 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) mayinclude the traveling expenses. 3 ; 4 ?S @I> Fromth2s review we maymakethe 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

SI

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 en

### join 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 andhas vouchsafed to the rules enacted bv the 

### Board of Regents tn the exercise of its delegated powers the and effect of like enactmentsof the &ee:islatureo

- -- _-_ - -v- - --- -- - 

### Fourth, The Board of Regents of the Unfversity has es4 tablished both the Public Relations *Departmentandthe Developmen’ 

### Board of the University whereunder both ML Syers andMr*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, ’ suprao i J Sixth e The Forts-seventh LedsSxture inHouse B311 N'o --_-- ---- -- 272 expressly provided th& “**cAIk $&eed~***from fees, and any and a3.1other receipts shall become and are hereby apGropria

### as maZntenance or contingent fund to be expended under the dlrecl tion andwith the approval of the 

### governing board having jurisdic tion. 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 deemnecessary for the i Port? maintenance. oneration and imProvement of said institutloq: ***The term Imaintenance 1 ,(Emphas

is added) may%nclude the traveling expenses***rfi
Seventho TheForty-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 whetherAdeefsion uponthis’ 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;--theme%msad’ method gdopted be reasonably necessary; it implies that the particular governmental faction. involved be‘ one directly eiztrusted to the knstitution 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 andto that Board has been given broad and comprehensive powers. It is manifest that the Uministration and Board of Regents of the University @Wein a superior position to knowandwderstand, and to accomplish, the successful managementand governraent of the University. Uponthem has been imposed the responsibility therefor. rThe 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 &ndwhich 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 departments 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 departments 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

hI- ,-.-a 

### pageu W-41671
. - -'
Mr. Bleick were for State bnsiaess~aad therefor@ may be allowed and paid. - ,. * ‘

_ r.

We arereturnfng the Bxpense.aoc0unt.s.herewith.

QPPRWED: 

### OPIBIOH'CO~ITTEE.' BY: BWB

a CHAXRMAR

..‘,, 2XSte3rwb 

### rncls. . ..,



### . Yours’ &&y trtLy . 

### ATTORN~YQEeJERaL

OFTEXBS 1

d ByJS/ Zollie CLSteakley ’ Zollie C?’Steakley, %ssi&&

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