3%~ ATTORNEY’ GENERAL 

OF TEXAS 

AUS-lVN. %-ExAl3 78711 

February 9, 1968 

Commissioner J. K. Williams 

Coordinating Board 

Opinion No. M-199 

Texas College & University System Re: 

Sam Houston State Office Building 

Whether Public Junior Colleges 

in Texas are "institutions 

Austin, Texas 78701 which are local educational 

agencies" as provided by the 

Dear Mr. Williams: State, and related questions. 

In your request for an opinion from this office you 

state the following: 

"In 1965 the Central Texas Union Junior 

College District was created by a vote of the 

people. The College District is comprised of 

the Independent School Districts of Killeen 

and Copperas Cove and the Connnon School District of Nolanville. The tax base was established on the recommendation of consultants 

who estimated opening enrollment would be 

approximately 155 students. 

"Evidently, the consultants did not 

consider the sheer vastness of the military 

complex located at Fort Hood, Killeen Base, 

and Robert Gray Army Airfield. There are approximately 40,000 permanent personnel, most 

of whom are eligible to attend Central Texas 

College under the Department of Defense Assistance Program or the G.I. Bill. The truth 

of the matter is that Central Texas College 

is committed to serve what amounts to a vast 

Federal District. 

"The assessed valuation of Central Texas 

College District is approximately $72,000,000.00, 

which would be adequate to provide the civilian 

population of the District, not including military dependents. In reality, these military 

reservations are legally a part of the College 

District and were voted as such when the District was created. 

‘- 956 - 
Hon. J. K. Williams, page 2 (M-199) 

"As a result, Central Texas College had to 

allocate several times as much money to construction and equipment as was initially visualized, since students registered for classes at 

a rate of 1,300% in excess of the original estimate. 

"The composition of the Fall Semester, 1967 

Enrollment (Head-count) was as follows: 

"1,187 Active Military 

315 Militarily-Connected Dependents 

112~ Federal Employees and Dependents 

470 All Other 

"The basis for junior college taxation is 

very similar to that of the public school system. 

The problems of finance are also much the same. 

The tax rate for Fiscal Year, 1968 for operation and maintenance is $.25 per $100 assessed 

valuation, the maximum rate authorized when the 

District was established. Due to the unique 

situation whereby Fort Hood was created, Central 

Texas College is legally prohibited from taxing 

any private business located on these military 

reservations. The only remaining alternative to 

proper financing of the College is to seek possible federal financial assistance as an impacted 

junior college district under . . . federal programs : 

” 

. . . 

"The purpose of this letter is to request 

your opinion in regard to the following four 

questions: 

"1.) are Public Junior Colleges in Texas 

'institutions which are local educational 

agencies' as provided by the state, 

"2.) are Public Junior Colleges in Texas 

institutions which provide 'public free' secondary education at public expense, pursuant to 

the laws of the State of Texas, 

"3.) is Attorney General's Opinion WW-868 

altered by the passage of the Higher Education 

-957- 
Hon. J. K. Williams, page 3 (W-199) 

Coordinating Act of 1965, (H.B. 1, Acts of the 

59th Legislature, Regular Session 1965), and 

"4.) 

'in fact, 

are Public Junior Colleges in Texas 

under public supervision and direction?' 

First Question 

Article 2815h, Vernon's Civil Statutes, authorizes 

the establishment of junior college districts with powers to 

assess and collect taxes for support and maintenance. Section 

5 of Article 2815h provides: 

"The Board of Trustees of Junior College 

Districts shall be governed in the establishment, management and control of the Junior 

College by the General Law governing the establishment management and control of Independent 

School Districts insofar as the General Law is 

applicable." 

In Shepherd v. San Jacinto Junior College District, 363 

S.W.2d 742 (Tex.Sup. 1962), the Court held Article 2815h to be 

a constitutional enactment. In this case, 

744: 

the Court said at page 

The junior colleges, developed for 

the moit'p&t since 1929, are sandwiched in, so 

to speak, between the high schools on one hand 

and the colleges or universities on the other 

hand. In certain respects, the junior college 

is what its name implies, that is, a school 

which is above the high school level yet one 

whose highest grade is below the educational 

level required for a degree from a university. 

Yet, as pointed out by one of the briefs on 

file here, it would not be inappropriate to 

refer to the districts which support such 

schools as 'junior college districts,' 'advanced independent school districts' or 'graduate high school districts.' The point of this 

is that junior colleges and their districts may 

in some instances be regarded as colleges and in 

other instances as schools in the nature of advanced high schools. The Junior College Act itself makes numerous references to independent 

-958- 
Hon. J. K. Williams, page 4 (M-199) 

school districts when delineating the powers and 

operations of a junior college district.* 

Public junior college districts have some attributes 

of both high school districts and of colleges and in some areas 

are considered to be local agencies as provided by the State. 

Attorney General's Opinion WW-868 (1960). 

In our opinion public junior colleges in Texas are 

"institutions which are local educational agencies" as provided 

by the State of Texas. 

Second Question 

We are unable to find any statutory authority defining 

"public free" secondary education at public expense, pursuant 

to the laws of the State of Texas. In Shepherd v. San Jacinto 

Junior College District, 363 S.W.Zd 742 (Tex.Sup. 1962) , it was 

held that junior colleges constitute a part of the public free 

schools of Texas. 

It is our opinion that public junior colleges in Texas 

are institutions which provide "public free" secondary education 

at public expense, pursuant to the laws of the State of Texas. 

Third Question 

The Higher Education Coordinating Act of 1965, codified 

as Article 2919e-2, Vernon's.Civil Statutes, in Sections 3 and 

17 expressly provide that the State Coordinating Board, Texas 

College and University System, shall exercise general control of 

all public junior colleges, including functions set out~in said 

statute and in other laws of the State,of Texas. However, said 

Act further provides that functions vested in the governing boards 

of the respective public junior colleges, not specifically delegated to the State Board, shall be performed by such local boards. 

Section 5 of Article 2815h also provides that the board of trustees 

of junior college districts shall be governed in the establishment, 

management and control of the junior college by the general law 

governing ,the establishment, management and control of independent 

school districts insofar as the general law is applicable. It is 

our opinion that Attorney General's Opinion WW-868 (1960) is not 

altered by the terms of the Higher Education Coordinating Act of 

1965. 

Fourth Question 

The Higher Education Coordinating Act of 1965 (Article 

-959- 
Hon. J. K. Williams, page 5 (M-199) 

2919e-2) in Sections 3 and 17, provide that the Higher Education 

Coordinating Board shall exercise general control of all public 

junior colleges and shall perform such functions as provided by 

said Act and by other laws of the State of Texas. 

In our opinion public junior colleges are under public 

supervision and direction. 

SUMMARY 

Public junior colleges in Texas are "institutions which are local educational agencies" 

as provided by the State. 

Public junior colleges in Texas are institutions which provide "public free" secondary 

education at public expense, pursuant to the 

laws of the State of Texas. 

Attorney General's Opinion WW-868 (1960) is 

not altered by the passage of the Higher Education Coordinating Act of 1965. 

Public junior colleges in Texas are under 

public supervision and direction. 

/7 

s very truly, 

cm= 

C. 'MARTIN 

General of Texas 

Prepared by Jack Sparks 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Hawthorne Phillips, Chairman 

Kerns Taylor, Co-Chairman 

W. V. Geppert 

John Banks 

Fisher Tyler 

James Quick 

A. J. CARUBBI, JR. 

Executive Assistant 

-960-