E 

## GENERAL

January 13, 1970

Hon. J. H. Kultgen, Chairman Board ofRegents Texas State Technical Institute Waco, Texas 76705

Dear Mr. Kultgen: Opinion No.M-554

Re: Whether Article 2615f-la, Vernon's'Civil Statutes authorizes the~Texas State Technical Institute toaccept a fee-simple donation of facilities inNolan County, Texas, to operate itsprogram, and related questions.

By recent letteryou have requested an opinion concerning the above stated matter. We quote from your letter as follows:

"Item 13 of the current appropriation to the Texas State Technical Institute (page IV-74, House Bill 2,Acts of the 61st Legislature, 2nd Called Session, 1969)provides a contingency appropriation for authorized programs, with aproviso as follows:

'Thefunds appropriated in item 13above, may be used only to finance programs offered pursuant to Section 7(a)(3) ofHouse Bill No. 137, 61st Legislature, Regular Session, 1969. It is specifically provided that such funds be used inNolan County, Texas, inthe event appropriate facilities are provided in such county.'

-2647-Hon. J. H. Kultgen, page 2 (M-554)

"There exists no junior college district in Nolan County. If certain specified technical and vocational programs have obtained the necessary approval of the State Board ofVocational Education as required by Section 7(a) of said House Bill 137, if such programs are officially requested by the local officials ofNolan County andhave the approval of the Board ofVocational Education as provided by Section 7(a)(3) of House Bill 137, ifappropriate facilities are offered inNolan County, ifthe remaining requirements of the general appropriation act are met, and further assuming that the necessary instructors will be supplied from theWaco campus and other available
sources and that the facility will be operated as abranch or extension of theWaco campus rather than as a separate campus, then isTexas State Technical Institute authorized to accept a feesimple donation of the facilities and properties inNolan County for the purpose of operating such approved programs?

"In the event legislative approval is considered necessary under Section 9(c) of House Bill 137, then does the appropriation and the provision quoted above from thegeneral appropriation act constitute such approval?"
The pertinent provisions of Section 7 of House Bi (Article 2615f-la) are quoted as follows: **I1 137** 

ical "The role and scope of theTexas State Techn Institute shall be to: (a)Provide occupationally oriented programs inhighly technical andvocational areas to include field or laboratory work and remedial or related academic and technical instruction related thereto. **Particular** emphasis will be on industrial and

**-2648-**Hon. J. H. Kultgen, page 3 (M-554)

'technologicalmanpower needs of the state. Technical and vocational programs shall be subject to the approval of the State Board ofVocational Education, and related academic instruction shall be subject to the approval of the Coordinating Board, Texas College and University System: 1.

.... 2.

.... 3. Where there isa county, or aportion of said county, in this state that isnot inan operatinq public junior colleqe district, then the institute may, ifrequested by the local government andwith the approval of the Board ofVocational Education, offer theproqrams so approved as set forth hereint ',' (b)Provide training programs for technical teachers, counselors, and supervisors which shall be, subject to prior and continuing approval of the State Board ofVocational Education: (c)Conduct manpower development and utilization research programs for identification of train-, ,~ ing and retraining needs and projections, and for curriculum development, either individually or in " cooperation with other public and private institutions." (Emphasis added.)

It seems clear that Section 7 (quotedabove) authorizes the Texas State Technical Institute, in cooperation with other State agencies, to offer any or all of itsprogram to students in any county not ina junior college district, including Nolan County: and such program includes both field and laboratory work, which, by necessity would require facilities for holding laboratory classes.
Since the Institute may operate itsprogram within Nolan County it isour opinion that itmay be,done by an extension or branch of itsWaco campus, and indoing so accept the facilities offered inNolan County to carry out itsprogram.

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,8 ,- .

Hon. J. H. ,Kultgen,page 4 (~-554)

In light of the above answer to 'yourfirst question, we deem itunnecessary to answer your second question. "

SUMMARY

Pursuant to Section 7(a)(3) ofArticle '. 2615f-la, Vernon's Civil Statutes, the Texas State Technical Institute may operate an extension orbranch of itsWaco campus in NolanCounty in facilities offered by said county for the Institute's programs;

Prepared by James C.McCoy Assistant Attorney General

APPROVED: OPINION COMMITTEE

Kerns Taylor, Chairman Alfred Walker, Co-Chairman Harold Kennedy Bill Craig 2. T.~Fortesque Richard Chote

MJXADEF. GRIFFIN Staff Legal Assistant

NCLA WHITE First Assistant

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