October 3, 1967

HonorableJ. W. Commissionerof 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-1and 2663b-2, as used in House Bill 935. We quote from your letter as follows:

"HouseBill 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 universitymay grant a baccalaureate degree to any person unless he has had credit for certain courres in American Government and American History.
'As amended, the statutesnow call for persons receiving 'a lesserdegree or academic certlflcate' also to have prescribed credits in such courses. While H.B. 935 does not define 'academiccertificate,' there is a posslblllty that such a definitionmight Include certificates offeredby public junior colleges in vocational education; that Is, certificate(s)of completionnormally awarded upon completion of vocationalprograms or occupational courses,which have

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

none of the attributes of a professionallyunderstood. degree as generally or

"HouseBill 1, (Acts 59th Legislature, 1965, page 27).co3lfiedas Article 2919-2, transferred the administration of public junior colleges to the CoordinatingBoard, Texas College and University System. However, this Agency Is also vitally concerned (the CoordinatingBoard 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 courseswhich when satisfactorily completedby a studentwill entitle him to a certificate,associatedegree from a junior college or documentary evidence other than a degree, of comoletlon of a course of studr from an lnstltutlon'of~hlghereducation,pfovl;]edthat programs approved by or subject to approval of the State Board of Vocational Education are excluded frpm this definition.' '"TheAssociate of Applied Science Degree and the Associate In Applied Arts Degree, as defined by the CoordinatingBoard long prior to the enactment of House Bill 935, are in fact technical certificates Issued to studentswho 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 vocationaland technical courses).
"No government or history has been required from any student enrolled in less than an associate degree program. When a studentreceives a 'certificateof completion' for completion of a vocational qr technicalprogram (Itmay be termlnal In nature In one semester, In one year or longer), then no government or history has been required of him.
"Inmany Instances,vocational or technical programs approved by this Agency are relatively

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short, Intensive training programs only. It Is not and would not be feasible to include twelve semesterhours of Governmentand History in such programs. . . . 'TO interpretHouse Bill 935 as requiring all enrollees in a junior collegedistrict to take government and history would render such Institutions Ineffectual In the developmentand 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 studentswho satisfactorily complete such a vocational course or program approved by this Agency) does not fall within the definition or requirements of House Bill 935. "ThisAgency and the CoordinatingBoard 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'sCivil 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 (compiledas 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 considerationof the Constitution of the United States and the constltutlon of the states,with specialemphasis on that of Texas. This course shallhave a credit value of not less than six semesterhours or Its equivalent. No college or university receiving state support

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

or state ald from public funds may grant a baccalaureatedegree or a lesserdegree or academic certificate to any personunless he has credit for such a course. The college or universitymay determine that a studenthas satisfied this requlrement In whole or in part upon the basis of credit granted to him by the college or university for a substantiallyequivalent course completedat another accredited college or university or upon the basis of the student's successful completion of an advanced standingexaminationadministeredupon the conditions and under the.clrcumstancescommon for the college or university's advanced standingexaminations. The college or universitymay grant as much as three semesterhours of credit or Its "equivalenttowards satisfactionof thls requlrement for substantiallyequivalentwork 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 shallnever exceed three semesterhours.' I,

. . . "Sec. 3. Section 1, Chapter 449, Acts 54th Legislature, 1955 (compiledas Article 2663bi2, Vernon's Texas Civil Statutes), is hereby amended to read as follows: "'Section1.. No college or university receiving state support or state aid from public fundsmay grant a baccalaureatedegree or a lesserdegree or academic certificate to any person unless he has credit for six semFsterhours or Its equivalent In American History. A student Is entitled to submitas much as three semester hours of credit or Its equivalent in Texas History In partial satisfaction of this requirement. The college or universitymay 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 completedat another accredited college or university, or upon the basis of the student's successful completion of an advanced standing examination administeredupon the conditions and under the circumstances common for

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the college or university's advanced standingexaminations. The college or university~maygrant as much as three semesterhours of credit or Its equivalenttoward satisfactionof this requlrement for substantiallyequivalentwork completed by a student In the program of an approved senior R.O.T.C. unit. Credit for the advanced standing examinationreferred to above shall never exceed three semesterhours.'" (Emphasisadded.) ,

cate" In construing the meaning of thewords 'academiccertlflas 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, definitionsand authorizations,and Is quoted, in part, as follows:

"Sec. 2. Wherever used in this Act the following words and phrases shallhave the Indicatedmeaning: ,I

. . . "(k) 'Certificateprogram'means a grouping of subjectmatter courseswhich; when satisfactorily completedby 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 StateBoard 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 Educationnew certificateprograms in technical and vocatlonal education in institutions of higher education as the needs of technology and Industrymay demand and recommend the elimination of certlflcate

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programs forwhich a need no longer exists. "(8) Develop and promulgate a basic core.of general academic courseswhich, when offered at a unior collegeduring the first two years of coleglate study, shall be freely transferableamong all public lnstltutlonsof 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 Legislaturein the above quoted statutehasmadea clear distinctionbetween academic and vocational ooursesof study to be authorizedat junior colleges.

The above quoted statutehas not been repealed speciflcally nor by lmpllcatlonand 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 singledefinite and sensiblemeaning, it is conclusivelypresumed that the Legislature intended to convey that meaning.

. . .II

. . . "Aword 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 statutesln a manner to make all relevant laws harmonious, If this canbe done. State v. Standard Oil Co., 130 Tex. 313 107 S.W.2d 550, %!&19Pr, 407 S.W.2d 493, 497 (Tex.Sup

The Legislaturehas already spelled out Its meaningt the word "academic"in Article 2919e-2., Vernon's Civil Statute, The manifest use of the word 'academic"by theLegia. lature In House Bill 935, where It refers to academic certifici

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.

is to designate a specifictype 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 clearlywas limiting the re ulrements House Bill 935, 0th Legislature,Regular Session, % of 19 7, to those certificates of Institutionsof higher education and junior colleges granted or Issued for general academic courses,which when offered at those institutionsduring the first two years of collegiate study, shallbe freely transferableamong all public Institutionsof higher education In Texas. The requirements of House Bill 935 do not apply to those vocational or technical certificateprograms 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 certificatesawarded by Institutions of higher education and junior colleges for general academic courses, but are not applicable to vocational or technical course certificatesgiven for courees approved by or subject to approval of the State Board of Vocational Education. )%Q.s very truly,

General of Texas Preparedby William J.‘Craig " AssistantAttorney General
APPROVED: OPINION COMMITTEE Hawthorne Phillips, Chairman Kerns Taylor, CoChairman W. V. Geppert Alvin Zimmerman JohnReeves Llnward Shivers
A. J. CARUBBI, JR. Staff Legal Assistant

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