October 3, 1967 

Honorable J. W. 

Commissioner of 

Texas Education 

Austin, Texas 

Dear Dr. Edgar: 

Edgar 

Education 

Agency 

Opinion No. M-143 

Re: Whether House Bill 935, 

Acts 60th Legislature, 

Regular Session, 1967, 

Chapter 298, page 714, 

revising Section 2, 

Article 2663b-1 and Section 1, Article 2663b-2, 

Vernon's Civil Statutes, 

require all enrollees In 

a junior college district 

to obtain credit for certain courses in American 

Government and American 

History? 

You have requested the opinion of this office on the 

above captioned question. However, upon checking the statutea 

involved, we find that the statutes' proper numbero are Article 

2663b-1 and 2663b-2, as used in House Bill 935. We quote from 

your letter as follows: 

"House Bill 935 (Acts 60th Legislature, 1967, 

page 714, effective August 28) revises Section 2, 

Article 2663-1 and Section 1, Article 2663-2, which 

have provided that no state supported college or 

university may grant a baccalaureate degree to any 

person unless he has had credit for certain courres 

in American Government and American History. 

'As amended, the statutes now call for persons receiving 'a lesser degree or academic certlflcate' also to have prescribed credits in such courses. 

While H.B. 935 does not define 'academic certificate,' 

there is a posslblllty that such a definition might 

Include certificates offered by public junior colleges 

in vocational education; that Is, certificate(s) of 

completion normally awarded upon completion of vocational programs or occupational courses, which have 

- 664 - 
. 

Hon. J. W. Edgar, page 2 (M-143) 

none of the attributes of a 

professionally understood. 

degree as generally or 

"House Bill 1, (Acts 59th Legislature, 1965, 

page 27).co3lfied as Article 2919-2, transferred the 

administration of public junior colleges to the 

Coordinating Board, Texas College and University 

System. However, this Agency Is also vitally concerned (the Coordinating Board joining) in this 

opinion request by virtue of language In Section 

2(k) of Article 2919-2, and especially that part 

herein underscored; quota: 

""Certificate program" means a grouping of 

subject, matter courses which when satisfactorily 

completed by a student will entitle him to a 

certificate, associate degree from a junior college or documentary evidence other than a degree, 

of comoletlon of a course of studr from an lnstltutlon'of~hlgher education, pfovl;]ed that programs 

approved by or subject to approval of the State 

Board of Vocational Education are excluded frpm 

this definition.' 

'"The Associate of Applied Science Degree and 

the Associate In Applied Arts Degree, as defined 

by the Coordinating Board long prior to the enactment of House Bill 935, are in fact technical 

certificates Issued to students who complete occupational curriculum of collegiate level and character. Under such definition and distinction, 

taking of Government 1s not required for students 

planned and programmed for the Associate In Applied 

Science Degree or Associate in Applied Arts Degree 

(Involving vocational and technical courses). 

"No government or history has been required 

from any student enrolled in less than an associate degree program. When a student receives a 

'certificate of completion' for completion of a 

vocational qr technical program (It may be termlnal In nature In one semester, In one year or 

longer), then no government or history has been 

required of him. 

"In many Instances, vocational or technical 

programs approved by this Agency are relatively 

- 665 - 
Hon. J. W. Edgar, page 3 (M-143) 

short, Intensive training programs only. It Is 

not and would not be feasible to include twelve 

semester hours of Government and History in such 

programs. . . . 

'TO interpret House Bill 935 as requiring 

all enrollees in a junior college district to 

take government and history would render such 

Institutions Ineffectual In the development and 

education of persons (students) who would enroll 

only for training and Instruction In technical 

and/or vocational courses necessary to prepare 

them for their occupational. pursuits and incllnatlons; . . . 

11 

. . Thus, It would seem to us that a certlficate 0; completion (normally issued by a public 

junior college to such students who satisfactorily 

complete such a vocational course or program approved by this Agency) does not fall within the definition or requirements of House Bill 935. 

"This Agency and the Coordinating Board would 

appreciate receiving an opinion from your office 

as to the propriety of our thinking and/or lnterpretatlon In this matter. . . .' 

House Bill 935, Acts 60th Legislature, Regular Session, 

1967, Chapter 298, page 714, amended Articles 2663b-1 and 2663b-2, 

Vernon's Civil Statutes, and reads, In part, as follows: 

'Section 1. Section 2, Chapter 83, Acts blat 

Legislature, 2nd Called Session, 1929, as amended 

by Section 1, Chapter 5, Acts 41st Legislature, 4th 

Called Session, 1930 (compiled as Section 2, Article 

2663b-1, Vernon's Texas Civil Statutes), Is hereby 

amended to read as follows: 

"'Sec. 2. All colleges and universities receiving state support or state aid from public funds 

shall give a course of instruction In Government or 

Political Science which Includes consideration of 

the Constitution of the United States and the constltutlon of the states, with special emphasis on that 

of Texas. This course shall have a credit value of 

not less than six semester hours or Its equivalent. 

No college or university receiving state support 

- 666 - 
. . 

Hon. J. W. Edgar, page 4 (M-143) 

or state ald from public funds may grant a baccalaureate degree or a lesser degree or academic 

certificate to any person unless he has credit for 

such a course. The college or university may determine that a student has satisfied this requlrement In whole or in part upon the basis of credit 

granted to him by the college or university for a 

substantially equivalent course completed at another accredited college or university or upon the 

basis of the student's successful completion of an 

advanced standing examination administered upon the 

conditions and under the.clrcumstances common for 

the college or university's advanced standing examinations. The college or university may grant 

as much as three semester hours of credit or Its 

"equivalent towards satisfaction of thls requlrement for substantially equivalent work completed 

by the student in the program of an approved senior 

R.O.T.C. unit. Credit for the advanced standing 

examination referred to above shall never exceed 

three semester hours.' 

I, 

. . . 

"Sec. 3. Section 1, Chapter 449, Acts 54th 

Legislature, 1955 (compiled as Article 2663bi2, 

Vernon's Texas Civil Statutes), is hereby amended 

to read as follows: 

"'Section 1.. No college or university receiving state support or state aid from public 

funds may grant a baccalaureate degree or a 

lesser degree or academic certificate to any person unless he has credit for six semFster hours 

or Its equivalent In American History. A student 

Is entitled to submit as much as three semester 

hours of credit or Its equivalent in Texas History 

In partial satisfaction of this requirement. The 

college or university may determine that a student has satisfied this requirement In whole or 

in part upon the basis of credit granted to him by 

the college or university for a substantially 

equivalent course completed at another accredited 

college or university, or upon the basis of the 

student's successful completion of an advanced 

standing examination administered upon the conditions and under the circumstances common for 

- 667 - 
Hon. J. W. Edgar, page 5 (~-143) 

the college or university's advanced standing examinations. The college or university ~may grant 

as much as three semester hours of credit or Its 

equivalent toward satisfaction of this requlrement for substantially equivalent work completed 

by a student In the program of an approved senior 

R.O.T.C. unit. Credit for the advanced standing 

examination referred to above shall never exceed 

three semester hours.'" (Emphasis added.) , 

cate" 

In construing the meaning of the words 'academic certlflas used In House Bill 935, we must refer also to Article 

2919e-2, Vernon's Civil Statutes, known as the Higher Education 

Act of 1965, which sets out certain terms, definitions and authorizations, and Is quoted, in part, as follows: 

"Sec. 2. Wherever used in this Act the following words and phrases shall have the Indicated meaning : 

,I 

. . . 

"(k) 'Certificate program' means a grouping 

of subject matter courses which; when satisfactorily completed by a student, will entitle him to a 

certificate, associate degree from a junior college or documentary evidence, other than a degree, 

of completion of a course of study from an lnstltutlon of higher education, provided that prorams approved by or subject to the approval of 

he State Board of Vocational Education are excluded from this definition. 

II 

. . . 

'Sec. 10. The Board shall represent the 

highest authority In the State In matters of 

public higher education and shall: 

wlth ~~~)st~eourage andv~~;el~;aln cooperation 

Board of 1 Education new 

certificate programs in technical and vocatlonal education in institutions of higher education 

as the needs of technology and Industry may demand and recommend the elimination of certlflcate 

- 668 - 
Hon. J.. W. Edgar, page 6 (M-143) 

programs for which a need no longer exists. 

"(8) Develop and promulgate a basic core.of 

general academic courses which, when offered at a 

unior college during the first two years of coleglate study, shall be freely transferable among 

all public lnstltutlons of higher education In 

1 ng 

agenies on the ‘same basis as if the work had 

been taken at the receiving Institution." (Emphasis added.) 

11 

. . . 

The Legislature in the above quoted statute has made a 

clear distinction between academic and vocational oourses of 

study to be authorized at junior colleges. 

The above quoted statute has not been repealed speciflcally nor by lmpllcatlon and is still ln full force and effect, 

In Volume 53, Tex.Jur.2d, Statutes, 270-272, Sec. 181, 

it 1s stated:' 

Where the statutory language 1s plain 

and u&m~l~uous, and expresses a single definite 

and sensible meaning, it is conclusively presumed 

that the Legislature intended to convey that meaning. 

. . . 

II 

. . . 

"A word 1s presumed to have been used in 

the same senses that it bears In another st%tute 

on the same or an analogous subject, . . . 

Courts are to interpret language used In statutes ln 

a manner to make all relevant laws harmonious, If this can be 

done. State v. Standard Oil Co., 130 Tex. 313 107 S.W.2d 550, 

%!&19Pr, 407 S.W.2d 493, 497 (Tex.Sup 

The Legislature has already spelled out Its meaning t 

the word "academic" in Article 2919e-2., Vernon's Civil Statute, 

The manifest use of the word 'academic" by the Legia. 

lature In House Bill 935, where It refers to academic certifici 

- 669 - 
Hon. J. W. Edgar, page 7 (M-143) . 

is to designate a specific type of certificate. 

It Is our opinion that you have correctly construed the 

statutes in question, that by the use of the word academic certificate" the Le 

% 

islature clearly was limiting the re ulrements 

House Bill 935, 0th Legislature, Regular Session, % 

of 

19 7, to those 

certificates of Institutions of higher education and junior colleges 

granted or Issued for general academic courses, which when offered 

at those institutions during the first two years of collegiate study, 

shall be freely transferable among all public Institutions of higher 

education In Texas. The requirements of House Bill 935 do not apply 

to those vocational or technical certificate programs which are approved by or subject to approval of'the State Board of Vocational 

Education. 

SUMMARY 

The requirements of House Bill 935, Acts 60th 

Legislature, Regular Session, 1967, Chapter 298, 

page 714, for American History and American Government courses are applicable to those degrees or 

certificates awarded by Institutions of higher 

education and junior colleges for general academic 

courses, but are not applicable to vocational or 

technical course certificates given for courees 

approved by or subject to approval of the State 

Board of Vocational Education. 

)%Q.s very truly, 

General of Texas 

Prepared by William J.‘ Craig " 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Hawthorne Phillips, Chairman 

Kerns Taylor, CoChairman 

W. V. Geppert 

Alvin Zimmerman 

John Reeves 

Llnward Shivers 

A. J. CARUBBI, JR. 

Staff Legal Assistant 

- 670 -