Hon. C. H. Cavness Opinion No. 

### V-1347 StateAuditor Austin, Texas

.F

Dear Sir: Re: Construction of the limitation on appropriatxons to institutions of higher educationprohibiting the expenditure of funds “for courses of instructionrequired for any degree‘which
was not offered.‘.

. on October 1, 

### 1950."

We quote in part from your recent as follows: letter

“In connectionwith our statutorily required audits of the accounts and funds of the State Institutions of Higher Learning,we respectfully request your official interpretation of part of Section 20.0f ‘Article V in House Bill 

### 426,Acts 52nd Legislature, 

### 1951,ch. 

### 499.

“This Section prohibits the ex-. pending of State funds ‘for courses of instruction required for any degree which was not being offered by the institution on October lst, 

### 1950

. . .I (exceptsLamar State College of Technology, Reserve Officers Training Corps instruction, etc.1 In order for us to have the guide lines on the part of our audits that will be concernedwith this Section

. . .,we need your answers to the following questions:

“1. !Irhat

constitutes the offering of a degreewithin the meaning of the above quoted portion of the Section in question?

. . .. I

Hon. C. H. Cavness, page 2 (V-1347)

"2. Where a course is already being given as requirement for an existzingdegree,would the above Section have any effectwhere it may also be required for a new degreenot previously offered? We believe that the above quoted part shouldhave stated 'form courses1 and that the answer to this questionwould be *NoI.I1

ArticleV of House Bill 426, Acts 52nd Leg., R.S. 1951; ch. 499, pa 1446, the general appropriation bill f.nrthe biennium endingAugust 31, 1953, makes appropriationsfor the State institutions of higher learning. Among the General Provisions of firticle V of House Bill 426, at ppa 1468, 1469, it is provided:

"The expenditureof the appropriations herein made and authorized,whether from the State GeneralRevenue Fund, local institutional funds, or any other receipts and fundswhatsoever, exceptbequests and gifts, shallbe subject to the following provisions:

. . .
"Sec. 20. Limitations on Courses of Study. pane of the aooroJriatlonsherein made and authorized,whether from the State General Revenue Fund, local instructional funds, or any other receipts and fundswhatsoever exceptbequests and gifts. ghall be exaended for-the continuance-or

. establishmentof a devartment of instruction which was not in-existence on October 1, 1950popr for courses of Instruction rewi ed anv degreewhich ff&ed bv the in s n t beins. itu &'&,

. . .I',(Em$a.sisadded.) tion o?OctIber 7,

Your first question concerns the meaning of theword "offered"as used in the above-quotedprovision. A determination of the answer to this question involves a study of the procedure followed at each of the many institutionsof hiSher learning in the offerhg of degrees. The factswhich constitute the offering at each institutiondiffer, and a decision of the question ofwhen a degree is offeredwould necessnrily involve a determination of :Ihatare the existing facts.4’ r

Hon. C. Ii.Cavness, page 

### 3 (V-1347)

at each institutionas well aswhether those facts constitute an offering of a degree. This office is precluded from deciding fact issues and hence we cannot answeryour first question categorically. Att'y Gen. Op. 

### O-3382 (1941).

Accompanyingyour request are a number of letters from the administrativeheads of institutions of higher learning containing expressionswith regard to their interpretationof when a degree is actually "offered"at their respective,institutions. From thesewe gather it is the ordinary practice that prior to, or as a part of, the offering of a degree there must be some action approving the degree by the administrativeand governing board of the institution. This authorizationgenerallyprecedes the actual offering of the degreeby severalmonths. dter the degree is authorized, the actual courses required by the degree program are made available to studentswho wish to take the courses for the purpose of receiving the degree.

Thus it seems apparent that the mere authorization of the degree, standingalone, Is not sufficient to constitutethe "offering of a degree." In our opinion,before a degree can be considered as "offered" the coursesrequiredby the degree program mustbe made available to studentswho wish to take the courses for the purpose of receiving the degree. As towhether such courseswere actually made available to studentsprior to October 1, 1950, will depend upon the particular facts and circumstancesat each institution of higher learning. Thus, if you determine in connectionwith your audit of the accounts and funds of a particular institution that there had been authorization for a degree by the governing board and that courses requiredby.the degree programwere actually made available to studentswho desired to take the courses for the particular degree prior to October 1, 

### 1950,thenwe believe you would be justified in determfning that the degreewas actually being offered prior to October 1, 1950. Furthermore, the fact tha.L studentswith the requiredbackground had actually enrolled and were taking courses leading to a particular degree prior to October 1, 1950,would be strong evidence of the fact that the degreewas being offered prior to that time. 

# cHon. C. II.Cavness,page 4 

### (V-1347)

The above are just some of the criteria to be considered in determining the fact issue of whether a degreewas being offeredwithin the meaning of Section 20. There may be others just as persuasive, but in our opinion the actual offering I/of thecourses and enrollment of students in the
.coursesprior to the date set out in Section 20, /are important factual determinations to be made in each instance.

Your second question concerns courses required for degrees offered prior to October 1, 1950, and also for degrees offered subsequent to that date-~ Thewording of Section 20 does not prohibit the continuationof a course of study already required for an existing degreewhen that same course becomes a requirement for a new degree, offered for the first time after October 1, 1950. The purpose of Section 20, as therein expressed, is to prohibit ; the establishmentof new courses of instruction for
new degrees. The obvious intent is not to disconttnue existing coursesbut to ma3ntainthe status qu.o_until

such.timeas a study6f the.facilities for higher education in this State may be completed. We thereforeagree~withyou that-your second question be answered in the negative.

SUMY

What constitutes the offering of a l°ree

within the terms of Sec. 20 of Art. V of H.B. 

### 426 Acts 52nd Leg., R.S. 

### 1951,ch. 

### 4999pe 

### i446,is a fact issue to be determined from the facts and circumstances in each individual case. Courses of instructionrequired for a degree being offered prior to October 1, 

### l.950, may oe continued even though such
courses are also required for a degree offered subsequentto that date.

APPROVED: Yours very truly,

C. K. Richards PRICE DANIEL Trial & Appellate Division Attorney General

Everett Hutchinson Executive Assistant

Charles D. Mathews First Assistant EJ:wb l-. v

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