.

Honorable Bevington Reed

Commissioner, Coordinating Board Texas College &University System P. 0. Box 12788, Capitol Station Austin, Texas 78711 Opinion NO. M-1065 Re:Whether Texas State Technical Institute has the authority to award Dear Dr. Reed: baccalaureate degrees. You askwhether Texas State Technical Institute may award baccalaureate degrees inTechnical Education and inTechnology at itsJames Connally campus inWaco. The James Connally Technical Institute was established in 1965 under the control of the Board of Directors of Texas A&M University. The enabling Act, Article 2615f-1,Vernon's Civil Statutes, isquoted inpart as follows:

"Section 2. . . . "a. No series of courses or course of study shallbe offered which leads to abaccalaureate, masters, doctorate or professional degree; . . .'I In 1969, byArticle 2615f-la, Vernon's Civil Statutes, the Texas State Technical Institute was created with its ownboard of regents. This statute was codified in 1971 as Section 135 of the Texas Education Code. We note that in the general index to

-5204-.

Honorable Bevington Reed, page 2 (M-1065)

Title 3-Higher Education, which isapart of the codification enacted by the Legislature, Texas State Technical Institute is listed in Subtitle G -Non-Baccalaureate System. Section 135 isquoted inpertinent part as follows:

"135.03. Role and Scope of Institute (a)The institute shallprovide occupationally oriented programs inhighly technical andvocational areas, including field or laboratory work and remedial or related academic and technical instruction. Particular emphasis shallbe placed on industrial and technological manpower needs of the state. Technical and vocational programs shallbe subject to the approval of the State Board ofVocational Education. Related academic instruction is subject to the approval of the Coordinating Board, Texas College and University System. (b)The institute shallprovide training programs for technical teachers, counselors, and supervisors which shallbe subject toprior and continuing approval of the State Board ofVocational Education. (c)The institute shall conduct manpower development and utilization research programs for identification of training and retraining needs andprojected needs and for curriculum development, either individually or in cooperation with other public and private institutions." "135.04. Approval of Programs (a)Educational programs wholly orpartially financed from state funds are subject to the prior approval of the State Board ofVocational Education and the Coordinating Board, Texas College and University System."

-5205-Honorable Bevington Reed, page 3 (M-1065)

"135.51. Certificates and Diplomas Theboard shall prescribe and award certificates and diplomas limited to those common to technical education." We are not apprised ofwhat certificates and diplomas are "common to technical education" but the several legislative Acts make clear tous that the Legislature has consistently viewed Texas State Technical Institute as an intermediate vocational and technical training institution, with ancillary academic programs. According toyour request, Texas State Technical Institute has requested permission to grant baccalaureate degrees inTechnical Education and inTechnology. InWebster's Third New International Dictionary, abachelor (baccalaureate) isdefined as "aperson who has received what isusually the first or lowest degree conferred by a college or university or by someprofessional schools." Our opinion is that Texas State Technical Institute does not have the authority to grant baccalaureate orbachelor degrees. SUMMARY The Texas State Technical Institute does not have the authority to grantbaccalaureate orbachelor degrees. mYodrs very truly, 6 A 

# /(j&$&-J*

Attorne General of Texas Prepared by Malcolm L. Quick Assistant Attorney General

-5206-r

, Honorable Bevington Reed, page 4 (M- 1065)

APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E.Allen, Co-Chairman John Reeves Jack Goodman Ben Harrison J. C. Davis SAMUEL D.MCDANIEL Staff LegalAssistant ALFREDWALKER Executive Assistant NOLA WHITE FirstAssistant

-5207-