155. 

TEE ATTORNEY GENERAL 

~FTEXAS 

+JBIW. TEXAS 

PRICE DANIEL PAGAN DIClLsON 

*--camNmmAx. ~UIAmoIwrJuly 10, 1948 

Hon. Gibb Gilchrist, President 

Texas A. & M. College 

College Station, Texas 

Opinion No. v-632 

Re: Appointment of Chancellor 

of A. & h. System. 

Dear President.Gilchrist: 

You have informed us that the Board of Directors of the Agricultural and Mechanical College of Texas 

(referred to herein as A. & M.) desires to change the 

administrative procedure in carrying out its policies in 

'the various colleges and agencies entrusted to it by tpe 

Legislature. These institutions include Texas A. & M. 

,John Tarleton Agricu tural 

~Agricultural College 3 

College2, North Texas Junior' 

(referred to as N. T. A. C.), Prairie 

,lArt~. 2610: TThe government of the Agricultural and Mechanicaf College shall,be vested in a Board of Directors D . 0n 

2Art, 2616: "The government and direction . .' . of the 

John Tarleton Agricultural College . . . shall be vested 

in the Board of Directors of.the Agricultural and Mechanical Coll'ege of Texas." 

3 

N. T. A. C. is now operating exclusively under the A. & 

M. Board of Directors. Art: 2620 provides, that N. T. A. 

C. shall‘be under the Board of Directors~ of A. & M., 

which is designated as "the supervisory board." The 

statute also contemplates a local board of five citizens appointed by the Governor, subject to the approval 

of the supervisory board. The local board "shall perform all the duties required in the management of said 

College in like manner as governing board of the same 

character." Art. 2622 further provides that "the local 

board, in connection with the supervisory board, shall 

appoint a president and professors of said college and 
1.: 56 Hon. Gibb Gilchrist, Page 2 (V-632) 

View A, & M,4, several experimental stations and extension services, the Texas Forest Service, the Firemen's 

Training School, and the Rodent Control Service5. 

The Board proioses to appoint an executive officer to be known as a Chancellor." Under the Chancellor will be the presidents of.the colleges and directors 

of the other agencies. Several reasons for such change 

are cited in a report of a joint legislative committee 

of the House and Senate of the 50t Legislature; which 

report is cited in the note below. % On behalf of the 

3 (cont'd) 

such officers as they may think proper and necessary 

to put the same into successful operation, and make 

such rules and regulations . . . as they may deem advisable." The local board has not been appointed or 

acted for several years for reasons not relevant here. 

Apparently, having two governing boards for one insti- 

,, tution was not without its difficulties and conflicts. 

For purposes of this opinion, it will be assumed that 

the government and direction of N. T. A. C. is under 

its supervisory board, the Board of Directors of A. & 

M. This opinion is here qualified to the extent that 

further,consideration will beg necessary~in the event a 

lo~cal, board at N. T. A. C. is appointed and qualifies 

f&service. 

4 

Art.. 2638,: Prairie View "shall 

and supervision of the Board of 

cultural and Mechanical College 

be under the control 

Directors of the Agri- 

" . . . 

5 

Arts, 2613, 2613b, 26158, and 8309b, 

6 " The majority Report reads: ". . . T@'a administration 

and conduct of the College 'activities is exclusively 

under the jurisdiction and supervision of the Board of 

Directors. 

"Doubtless there might well be considered the matter 

of revision of ,the administration of the system with a 

view to the streamlining thereof. Some economies~ in 

operations might thereby be effected. This, of course, 

under the law, is within the discretion of the Board 

of Directors. It may be that the far-flung and everincreasing activities,of.the A. &M. College have become so vast, and its services so'varied, that no one 

individual can direct its operations with full famil- 
Hon. Gibb Gilchrist, Page 3 (V-632) 157 

Board, you request an opinion as to the Board's authority for such action, and the validity of two rules or 

regulations putting such policy into action. 

TWO rules making such change are: 

"Chapter II, Section 1 

General Organization 

"a. For the purposes of administration, the Agricultural and Mechanical Callege of Texas and all Colleges, Services, 

and Agencies under the jurisdiction of the 

Board ,of Directors of the Agricultural and 

Mechanical College of Texas shall constitute 

the Texas Agricultural and Mechanical College System, c,onsisting of the following: The 

Agricultural and Mechanical College of Texas; 

The North Texas Agricultural College; The 

John Tarleton Agricultural College; The 

Prairie View Agricultural and Mechanical 

College of Texas; The Texas Agricultural 

6 (cont'dl 

iarity of its several services, requisite for the most 

effective functioning thereof. 

"The Committee suggests, therefore, that the Board of 

Directors could properly give consideration to the possibility of creating the Office of Chancellor of the 

College System. ,He would, under such a program, then 

assume the overall direction of the entire system, including, as it does, the graduate and undergraduate 

schools of the Main College, the North Texas Agricultural College, John Tarleton Agricultural College, 

Prairie 'View A. & M., the Extension Service; Experiment 

Stations, Field Laboratories, Rodent Control Service, 

Texas Forest Service, and the Firemen's Training School. 

The President of the Main College of Arts and Sciences, 

thus relieved of the many,outside duties now required 

of him, would be free to devote his full time to the direction of the educational training, its student relations and related activities normally expected of a college president in the accepted sense of the term. These 

recommendations are made to the Board of Directors which 

has the sole authority to adopt or reject them." (Senate Journal, 50th Legislature, 1947, page 1519.1 
158 Hon. ~ifibb Gilchrist, Page 4 (V-632) 

Experiment Station; The Texas Agricultural Extension Service; The Texas Engineering Experiment Station; The Texas 

Engineering Extension Service; The Texas 

Forest Service; The Firemen's Training 

School; The Rodent Control Service; Other 

Agencies and Services as may be authorized. 

"b. The executive head of the Texas 

Agri .cultural and Mechanical College Systern shall be a Chancellor. -.He is authorized and directed to administer the Colleges, Agencies, and Services of the System throug$hy executive officer in charge 

of each. 

College shall 

The executive 

executive in charge of each 

be designated as President. 

in charge of each Agency and 

Service shall be designated as Director. 

"Chapter III, Section 1 

Appointments 

"a e The Chancellor of the Texas Agricultural and Mechanical College System 

shall be appointed by the Board of Directors and shall hold office without term 

subject to the pleasure of the Board. The 

Vice-Chancellors, the Comptroller, and the 

Business.%nager of the System; the Presidents of the Colleges and Deans; Directors 

and Vice-Directors of Agencies and Services; and any other general officials provided by law or authorized by the Board of 

Directors shall be appointed by the Board 

pursuant to nomination by the Chancellor. 

"b. All other officials, teachers, 

and employees shall be appointed by the 

respective President or Director with the 

advice and approval of the Chancellor subject to confirmation of the Board of Directors. Teachers and employees shall be 

subject to dismissal for cause at any time 

by the President or Director subject to 

review by the Chancellor with the right 

of appeal to the Board of Directors. 
Hon. Gibb Gilchrist, Page 5 (V-632) 259 

The Legislature 

of these'institutions and 

having invested the direction 

activities in the Board of 

Board may not delegate such . 

Directors of A. &M., the 

authority. But it may appoint agents, and may enforce 

its policies through them. 

Article 2613 empowers the Board to 

for A. & M., 

em loy, 

such officers as it thinks proper. 7 Such 

power is expressed or implied in the Board's direction 

of the other agencies. The Board is therefore empowered to employ an executive officer, to carry out its 

policies, and to call that officer a "Chancellor" if it 

so desires. Having determined and set the policies as 

to the government and management of the various institutions, the Board may direct the Chancellor "to administer the Colleges, Agencies, and Services" through an executive officer.in charge of each (to be known as a 

President or Director). The Board, therefore has the 

authorit to issue the first regulation (Ch. f1, Sec. 1, 

a and b. 'I a It is a valid order. 

The second regulation deals with the appointment of officers and employees of the Colleges and agencies (referred to as "the SystemR). The power of appointment isgiven by the Legislature to the Board of 

Directors of A. &M. College. It cannot be delegated.' 

But the Board may accept nominations from the Chancellor and act thereon. 

Provision is made for the appointment of other 

minor officials and employees by the Chancellor or the 

President or Director of the agency involved, "subject 

to confirmation of the Board of Directors." It was held 

in Opinion No. 0-6037, by the Honorable Fagan Dickson, 

addressed to the President of the Board of Directors of 

A. &M. College that: 

"The appointment of these persons (officers and professors) involves the exercise 

7Art. 2613: "The Board of Directors is charged with 

the duties and empowered to do and 

P 

erform the acts 

hereinafter set forth as follows: 1) The board shall, 

when necessary, appoint the president and professors 

of the college and such other officers as. from time 

to time, thev may think proper to keep the college in 

successful operation, and may from time to time abolish any office that is in their judgment unnecessary.” 
Hon. Gibb Gilchrist, Page 6 (V-632) 

of discretion; and since the statute imposes the duty to make such appointments 

on the Board of Directors, the law prohibits a delegation of the power . . . 

"It is our further opinion that the 

words 'subject to confirmation of the 

Board of Directors' . . . would correct 

the suggested rule." 

Following that opinion, we hold that the appointment of persons'"subject to confirmation by the 

Board of Directors" is not an unconstitutional delegation of power and is a valid provision. 

The final regulation of the Board is that 

nteachers and employees shall be sub'ect to dismissal 

for cause 0 . D by the President or &rector, subject 

to review by the Chancellor with the right of appeal 

to the Board of Directors." 

The power and duty of the Board to remove or 

dismiss such persons is vested in the Board by necessary 

implication from the statutes. Here again there is a 

question of delegation of power. The Board, having the 

power and duty to employ has the power to dismiss or remove, and it may not delegate that power. The matter of 

employment, however, is generally a matter of contract 

between the institution or agency and the person employed. 

The length of the employment is or may be set by agreement,~ and the matter of dismissal may likewise be subject to contractual provisions. However, the regulation 

in question vests removal powers in other persons than 

the Board of Directors. The same principle was involved 

in 0 inion No. O-,5252, addressed to the Board of Regents 

of T ifi e University of Texas, a copy of which is here enclosed. It was there held that while the Board's rule 

was that professors would not be dismissed without a 

hearing before's faculty committee, the recommendation 

of such committee could be advisory only. The decision 

as to dismissal must be made by the Board. 

It is therefore recommended, as in 0 inion NO, 

O-6037, that the dismissal of teachers and emp P oyees for 

cause be made "subject to confirmation of the Board of 

Directors" in addition to being sub~ject to review by~the 

Chancellor. 

This opinion is not to be construed as commenting in any manner on the %enure" problem of any Professor 
Hon. Gibb Gilchrist, Page 7 (V-632) 162 

or employee. The regulations here make such persons removable "for cause." The statutes place the power to 

employ and discharge in the Board. The matter of providing hearings and other self-imposed limitations on 

discharge is a matter of internal policy of the institutions and is not within the scope of this opinion. 

SuMitiY 

The Board of Directors of A. & M. 

College may appoint an agent, to be known 

as a "Chancellor", to carry out its policies in the government of the colleges and 

other agencies committed to its management 

by the Legislature. Such Chancellor may 

carry out the Board's policies through 

presidents and directors of the various 

colleges and agencies. The appointment 

and removal of the presidents, directors, 

professors, and other officers bf the Texas 

A. & K. College System shall be made subject to confirmation by the Board of Directors. 

Yours very truly, 

ATTORNEY GENERAL OF TEXAS 

By@2- 

Joe R. Greenhill 

Executive Assistant 

JRG:erc 

APPROVED: