E GENERAL 

January 13, 1970 

Hon. J. H. Kultgen, Chairman 

Board of Regents 

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 

to accept a fee-simple 

donation of facilities 

in Nolan County, Texas, 

to operate its program, 

and related questions. 

By recent letter you 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 a proviso as follows: 

'The funds appropriated in item 13 above, 

may be used only to finance programs offered 

pursuant to Section 7(a)(3) of House Bill 

No. 137, 61st Legislature, Regular Session, 

1969. It is specifically provided that such 

funds be used in Nolan County, Texas, in the 

event appropriate facilities are provided in 

such county.' 

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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 of Vocational Education as required by Section 7(a) of said 

House Bill 137, if such programs are officially 

requested by the local officials of Nolan County 

and have the approval of the Board of Vocational 

Education as provided by Section 7(a)(3) of House 

Bill 137, if appropriate facilities are offered 

in Nolan County, if the remaining requirements of 

the general appropriation act are met, and further 

assuming that the necessary instructors will be 

supplied from the Waco campus and other available 

sources and that the facility will be operated as 

a branch or extension of the Waco campus rather 

than as a separate campus, then is Texas State 

Technical Institute authorized to accept a feesimple donation of the facilities and properties 

in Nolan 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 the general appropriation act 

constitute such approval?" 

The pertinent provisions of Section 7 of House Bi 

(Article 2615f-la) are quoted as follows: 

I1 137 

"The role and scope of the Texas State Techn ical 

Institute shall be to: 

(a) Provide occupationally oriented programs 

in highly technical and vocational areas to include 

field or laboratory work and remedial or related 

academic and technical instruction related thereto. 

Particular emphasis will be on industrial and 

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

'technological manpower needs of the state. 

Technical and vocational programs shall be subject 

to the approval of the State Board of Vocational 

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 is a county, or a portion of said 

county, in this state that is not in an operatinq 

public junior colleqe district, then the institute 

may, if requested by the local government and with 

the approval of the Board of Vocational Education, 

offer the proqrams 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 of Vocational 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 (quoted above) authorizes 

the Texas State Technical Institute, in cooperation with other 

State agencies, to offer any or all of its program to students 

in any county not in a 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 its program within Nolan 

County it is our opinion that it may be, done by an extension or 

branch of its Waco campus, and in doing so accept the facilities 

offered in Nolan County to carry out its program. 

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,8 , 
- . 

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

In light of the above answer to 'your first question, we 

deem it unnecessary to answer your second question. " 

SUMMARY 

Pursuant to Section 7(a)(3) of Article '. 

2615f-la, Vernon's Civil Statutes, the Texas 

State Technical Institute may operate an 

extension or branch of its Waco 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 

MJXADE F. GRIFFIN 

Staff Legal Assistant 

NCLA WHITE 

First Assistant 

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