## THE ATI-ORNEY GENERAL
OF TEXAS

Doctor Bevlngton Reed Opinion No. H- 1221 Commlealoner, CoordinatingBoard Texae College and~university System Re: Authority of the P. O. BOX 12788, Capitol Statlon Austin, Texas ‘78711 Coordinating Board to contractwith Huston-Tllloteon College, a private church related college, for the purpose of providing work for student= eligible to participate In the College-Work Study Programe at that Dear Doctor Reed: Institution?
We quote from your opinion request concerning the above captionedmatter:

"Chapter 1 of Title 45, Part 175, of the code of Federal Regulationsprovided a College Work-Study Program 'tostimulate part-time employment of,students,particularly thoee from low income families3who are In need of the earnings from euch employment In order to pursue courses of study at eligible Institutions. "Administrationof the program Is limited to 'educationallnetltutionswhere teaching la conducted and which have an Identity of their own.'"Work-StudyPrograms may operate 'underan lnstltutlon~lagreement for the part-time employment of students and may Involve work,for the Institution itself or work for a public or private ~od~~~o"r.P~~~~nr~~"h":O?ng.t;a~n~~ $uhal%.ons of Title 45, Public Welfare, ae quoted In Federal RegisterVolume 34, No. 91, Tuesday, May 13, 1969.)

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"Hueton-TlllotsonCollege of Austin, Texas, a private church-relatedcollege,participates In the CollegeWork-Study Program a8 an eligible Institution. "The CoordinatingBoard, Texas College and University System, proposes to contractwith Hueton-Tlllotson College 80 that students eligible for the CollegeWork-Study Program atthat lnstltutlonwould provide service8 to the Coordinating Hoard, Texas Collegeand University System, which Is a state agency. Such studentswill be employees of Huston-TillotsonCollege. The~Coordlnating Hoard will furnish work stations and reimbursement to Huston-TlllotsonCollege for 20 percent of the students' salary for time actually worked.
"A copy of the proposed contract and of the Federal Regulationsare enclosed for your convenience.
"Can the CoordinatingHoard, Texas College and University System, contractwith Huston- ?LL7&+~~~,

%XB.~%, % rlpLv.a.t& churc~h-related

college, for the purpose of providing work for students eligible to participate In the CollegeWorkStudy Program at that Institution?" Section 61.067 of the Texa8 Education Code Is specific on the contractualauthority of the CoordinatingHoard. It reads:
'In achieving the goals outlined in this

chapter and in performing the functions assigned to it, the board may contractwith any other state governmental agency as authorizedby law, with any agency of the Unlted~States,and with corporationsand individuals.

. ." This office, in Attorney General Opinion No. M-373 (1969)upheld the power of the legislatureto authorize the Coordinating Board to enter Into various contracts for the maintenance and operation of state Institutionsof higher education.

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Doctor Revlngton Reed, page~3 (M-1221)

The parties to the proposed contractyou have submitted are the CoordinatingBoard and Ku&ton-Tillotson College, a private church related corporation. Section 61.064 of the Texas Education Code expresely recognizes the authority of the Coordinating Board to enter lnto.contractsand cooperativeundertakingswith private colleges and unlverslties. The Board Is required, among other things, to enlist their cooperation “In developinga statewideplan for the orderly growth of the Texas system of higher education,” including the authority to “enter Into cooperative undertakingswith those institutionson a shared-cost basis.” The Board “shall cooperatewith thoseprivate institutions,within statutory and co?stltutlonal llmltations, to achieve the purposes of this chapter.” .UnderSection 61.068 of the Texas Education Code, the foordinatingBoard I@ given expressauthority grants and donations of personal property~from an individual, group, United States. .,.’ aseoclatlon,or corporaton dthe

One of the chief goals or purposes of the chapter, the Higher Education CoordinatingAct of 1965 (Section 61.002, Texas Education Code),18 that of establlahlng, in the field of public higher education in the State, the Coordinating Board, “an agency to provide leadershipand coordination for the Texas higher education system.
. . to the end that the State of Texas may achieve excellence for college education of its youth through the efficient and effective utilization and concentrationof all avallable~ resources. . . The Board “shallrepresent the highest authority in the state in mattere of public higher education.” Section 61.051, Texas Education Code. The avowed purpose of the federal College Work-Study program, In which the CoordinatingBoard and Huston-Tlllotson College of Austin, Texas, propose by contract to participate, is educational and Is a public, governmentalpurpose. The fact that the students at Huston-Tlllotson,a church-related college will be receiving remuneration in considerationof their employment does not violate the separationof church and state doctrine of Article 1, Section 7, Texas Constltutlon, nor the prohibition of grant@ of public funds to individuals of Article III, Section 51, Texas Constitution.

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Doctor Bevington Reed, page 4 (M-1221)

We believe the federal law and the purposed contract as aubmltttdmeet the test of the U. S. Supreme Court of having

. . .a secular legislativepurpose and a primary effect that neither advances nor inhibitsreligion. Everson vs. Board of Education, 374 US 1 (1947). This office, in Attorney General Opinion No. M-861(1971)has so upheld the validity and constitutionalityof bills providing for tuition equalizationgrants.
On the other hand, any programswhich sought to exclude otherwise eligible students from the public employment upon the ground that theymight thereby be enabled to pursue a course of study at private church related colleges would, indeed, be discriminatoryand Inhibit religion unconstitutionally. The governmentmust not depart from its constitutionalduty to remain neutral. The College Work-Study program and contractmeet the tests set out in the most recent decision of the United States Supreme Court, since they reflect a proper secular legislative purpose, their primary effect neither advances nor Inhibits religion, the administration of the Act and program does not foster an excessivegovernment entanglementwith religion, and their Implementationdoes not Inhibit the free exercise of religion. See Lemmon v. Kertzman,$;3 z.;. 602, 612-613(1971);Tllton v. Richardson, 403 (19711,and Attorney General Opinion No. M-1036(1&2 7. In view of the foregoing considerations,It is our opinion that the CoordinatingBoard may enter Into the proposed contractwith Huston-Tillotson College for the purpose of providingwork for students eligible to participate in the CollegeWork-Study Program at that lnstitutlon.
-SUMMARYThe CoordinatingHoard has the legal authority to contractwith Huston-Tillotson College, at Austin, Texas, a private church-relatedcollege, for the secular legislativepublic purpose of providingwork for students eligible to partlclpate In the federal CollegeWork-Study Program at that Institution. There Is no violation of

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Doctor Elevlngton.Reed, page 5 (M-1221)

the separation of church and state doctrine of Article I, Section 7, Texas Constitution,or the prohibition of public funds to lndlvlduale of Article III, Section 51, Texas Constitution;nor ie there any violation of the federal constitution, there being no Inhibition or advancement of religion or the fostering of excessivegovernment entanglement with religion.

Prepared by: Kerns Taylor Assistant Attorney General
APPROVZD: OPINION COMMITTEE Attor General of Texas

W. E. Allen, Acting Chairman
J. C. Davis Melvin Corley Jack Goodman Robert Flowers
SAMUEL D. MCDANIEL Staff Legal Assistant
ALFRED WALKER Executive Assistant
NOLA WHITE First Assistant

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