THE ATI-ORNEY GENERAL 

OF TEXAS 

Doctor Bevlngton Reed Opinion No. H- 1221 

Commlealoner, Coordinating Board 

Texae College and~university System Re: Authority of the 

P. O. BOX 12788, Capitol Statlon 

Austin, Texas ‘78711 

Coordinating Board 

to contract with 

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 

captioned matter: 

"Chapter 1 of Title 45, Part 175, of the 

code of Federal Regulations provided a College 

Work-Study Program 'to stimulate part-time employment of, students, particularly thoee from 

low income families3 who are In need of the 

earnings from euch employment In order to pursue 

courses of study at eligible Institutions. 

"Administration of the program Is limited 

to 'educational lnetltutions where teaching la 

conducted and which have an Identity of their 

own.' 

"Work-Study Programs may operate 'under an 

lnstltutlon~l agreement 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 

Register Volume 34, No. 91, Tuesday, May 13, 1969.) 

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Doctor Hevlngton Reed, page 2 (M-1221) 

"Hueton-Tlllotson College of Austin, Texas, 

a private church-related college, participates 

In the College Work-Study Program a8 an eligible 

Institution. 

"The Coordinating Board, Texas College and 

University System, proposes to contract with 

Hueton-Tlllotson College 80 that students eligible 

for the College Work-Study Program atthat lnstltutlon would provide service8 to the Coordinating 

Hoard, Texas College and University System, which 

Is a state agency. Such students will be employees 

of Huston-Tillotson College. The~Coordlnating 

Hoard will furnish work stations and reimbursement to Huston-Tlllotson College for 20 percent 

of the students' salary for time actually worked. 

"A copy of the proposed contract and of the 

Federal Regulations are enclosed for your convenience. 

"Can the Coordinating Hoard, Texas College 

and University System, contract with Huston- 

?LL7&+~~~, %XB.~%, % rlpLv.a.t& churc~h-related college, 

for the purpose of providing work for students 

eligible to participate In the College WorkStudy Program at that Institution?" 

Section 61.067 of the Texa 8 Education Code Is specific 

on the contractual authority of the Coordinating Hoard. 

It reads: 

'In achieving the goals outlined in this 

chapter and in performing the functions assigned 

to it, the board may contract with any other 

state governmental agency as authorized by law, 

with any agency of the Unlted~States, and with 

corporations and individuals. . ." 

This office, in Attorney General Opinion No. M-373 

(1969) upheld the power of the legislature to authorize 

the Coordinating Board to enter Into various contracts for 

the maintenance and operation of state Institutions of 

higher education. 

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. 

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

The parties to the proposed contract you have submitted 

are the Coordinating Board 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.contracts and 

cooperative undertakings with private colleges and unlverslties. The Board Is required, among other things, to 

enlist their cooperation “In developing a statewide plan 

for the orderly growth of the Texas system of higher 

education,” including the authority to “enter Into cooperative undertakings with those institutions on a shared-cost 

basis.” The Board “shall cooperate with those private 

institutions, within statutory and co?stltutlonal llmltations, to achieve the purposes of this chapter.” 

.Under Section 61.068 of the Texas Education Code, the 

foordinating Board I@ given express authority 

grants and donations of personal property ~from an 

individual, group, 

United States. ., .’ 

aseoclatlon, or corporat dthe on 

One of the chief goals or purposes of the chapter, 

the Higher Education Coordinating Act 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 leadership and 

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 concentration of all avallable~ 

resources. . . The Board “shall represent 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 Coordinating Board and Huston-Tlllotson 

College of Austin, Texas, propose by contract to participate, 

is educational and Is a public, governmental purpose. The 

fact that the students at Huston-Tlllotson, a church-related 

college will be receiving remuneration in consideration of 

their employment does not violate the separation of 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 

aubmltttd meet the test of the U. S. Supreme Court of 

having . . . a secular legislative purpose and a primary 

effect that neither advances nor inhibits religion. 

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 constitutionality of bills providing 

for tuition equalization grants. 

On the other hand, any programs which sought to exclude otherwise eligible students from the public employment 

upon the ground that they might thereby be enabled to 

pursue a course of study at private church related colleges 

would, indeed, be discriminatory and Inhibit religion 

unconstitutionally. The government must not depart from 

its constitutional duty to remain neutral. The College 

Work-Study program and contract meet 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 excessive government entanglement with religion, and their Implementation does 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 Coordinating Board may enter Into the 

proposed contract with Huston-Tillotson College for the 

purpose of providing work for students eligible to participate in the College Work-Study Program at that lnstitutlon. 

-SUMMARYThe Coordinating Hoard has the legal authority to contract with Huston-Tillotson College, 

at Austin, Texas, a private church-related college, 

for the secular legislative public purpose of 

providing work for students eligible to partlclpate In the federal College Work-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 excessive government 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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