June 0, 197Q

Dr. J. W. Edgar Commleeloner Texas Education Agency 301 East 11th Street Austin, Texas OpinionNo. M-648
Re: Authority of a regional education service center to acquire and hold title to real property.
Dear Dr. Edgar:

In your letter requesting an opinion from thle office, you submit the following statementwhich we quote a% follows:

"ARegional Education Service Center Is an area educational facility, organizationaland physical, establishedby the State Board of Education under authority granted in Article 2654-3e, V.C.S. (Section 11.33,Texas Education Code) and ' pursuant to rules and regulations adoptedby said Board In linewith the provlsfons prescribed in Article 2654-3d,V.C.S. (Section 11.32,Texas Education Code). In addition to operating as the regional educationmedia component authorfzed In Section 11.32, supra, the educational servfce center performs services expanded by Section 11.33 to develop and provide a locally oriented base for cooperative educationalplanning, and to encourage the development of supplementary education services under Title III of the Elementary and SecondaryAct. "The State Boa:rdhas designated 20 regions In Texas, each to be served by an education service center and has adopted broad policies for establishing and Implementing the twenty centers. See enclosed copy of the State Plan containing adopted procedures and policies applicable thereto. - ~ ~ "RegionXIX Education Service Center,whose area

-3104-Dr. J. W. Edgar, Page 2 (M-648)

comprisesEl Paso and Hudspeth counties,desires to enter Into an agreementwith the El Paso Independent School District, a participant in the center, to constructa facility for Region XIX Service Center use. Under the agreement the facilitywould be built by the El Paso School District presumably on district owned property, and would be paid for under a rent-to-own (leasepurchase) agreement by the Board of Directors of Region XIX from Center funds realized from sources other than the State. D 0 -" Based upon the above statement,you ask the following question: "Legally,may a regional education service center acquire and hold title to real property?" Article 2654-3(e),Vernon's Civil Statutes, codified as Section 11.33,Texas Education Code, which authorizes the establishment of regional educational service centers,reads as follow%: "(a) The State Board of Educationmay provide for the establishmentand a procedure for the operation of Regional Education Service Centers by rules and regulations adoptedunder this sectionand the provlsfons of Section ll.3Zp to provide educational services to schooldfstrfcts and to coordinate educationalplanning In the region. "(b) The governfngboard of each Regional EducatPon Service Center2 under rules and regulations of the State Board of Education,may enter Into contracts for grants from both public and private organfzatfonsand to expend such funds for the specificpurposes :in accordancewfth the terms of the contractwith the contractingagency."
In your letter you advised thfs office that one of the functions of a regional education service center is to operate as a regional educationmedia centerwhfch Is authorized to be establishedby the provisions of Article 2654-3(d),Vernon's Civil Statutes, codified as Section 1x,32,Texas Education Code.

Previously, this offfce Iuled inAttorney General's Opinion No. C-749 (1966) that regional educationmedia centers

-3105-Dr. J. W. Edgar, Page 3 (M-648)

fall within the meaning of public school as defined by Article 2922-1,Vernon's Civil Statutes; thatployees of the centers are eligible formembership In the Teacher Retirement System and suchmembership 1s required as a condition of employment unless such employees are otherwise exem t. In addition,Attorney General's OpinionNo. M-149 ( Wd concluded that regional educationmedia centers are olltlcal subdlvlslonswithin the provisions of Article695g(l P,Vernon's Civil Statutes, and that the employees of said polltlcal subdlvlslonsare entitled to social security coverage.

Under the rule and regulationmaking authority granted by the provisions of Sections 11.32(a) and 11.33(a),Texas Education Code, the State Board of Education, In adopting regulation 6.11 contained In the State Plan Proceduresand Policies for the Operation of Regional Education Service Centers,has directed that the boards of directors of the regional education service centers have the responslblllty for performing' the following function:

“6.11 Acquire, hold title and sell real property for service centerpuqJDsesIn accordance with statutesgoverning the authority of Boards of Trustees of Independent School Dlstrlcts." Article 11.32(g) of the Education Code declares that "Title to and all educationalmedia and propertypurchasedby the (EducationMedia) Center shall remain with and in the center." (Parenthesisours.)

By the terms of Regulation 6.11 of the "State Plan," supra, the Boards of Directors of the respective centersmust acquire, hold title and sell real estate In accordancewith the statutesgoverning the authority of boards of trustees of independent schooldistricts. In this regard, Section 23.26, Texas Education Code, contains the general authority of the trustees regarding rea1property. Section 23.26, Texas Education Code, reads, In part, as follow%:

"(a) The trustees shall constitute a body corporateand in the name of the school dlstrlct may acquire and hold real and personalproperty, sue and be sued, and receive bequests and donations or othermoneys of funds coming legally into their hands.

-3106-Dr. J. W. Edgar, page 4 (~-648)

II

. . . "(c) All rights and titles to the school property of the district,whether real or personal, shallbe vested In the trustees and their successors In office.

Administrativerules and reuulatlons to be validmust be within the authority conferred on ihe administrativeagency. Gerst v. Jefferson County Savings & Loan Ass'n., 390 S.W.2d 318 ?,Tex.Clv.App.1965, error ref. n.r.e.). Also, It has been held that a rule's orovlslonsmust be In harmonywith the neneral objectivewith-the act Involved. Qerst V.-Oak Cliff Savings & Loan Ass'n., 432 S.W.2d 702 (Tex.Sup. 141iB). It Is evident that the State Board of Education, under the provisions of Sections 11.32 and 11.33, Texas Education Cod&, has the general authority to establish regional centerswhose function Is to provide educational serv'lces to participating schooldistricts and to coordinate educationalplanning In the regions. It IS our opinion that the provisions of Regulation 6.11 of the "State Plan" are in harmonywith the functionsand general objectives of the centers. Consequently,we hold that Regulation 6.11 of the "State Plan" Is valid.

Valid rules and renulatlons of an administrativeagency promulgated pursuant to statitehave the force and effect of- - legislation. Northeast Tarrant CountyWater Authority v. Board ofWater Engineers, 3b7 S W 2d '120 0 D (T

ex.Clv.App. 1963, no writ).
On the basis of the foregoingauthorities and discussion, you are advised that a regional education service centermay, under the facts submitted, legally acquire and hold title to real property.
SUMMARY

A regional education service centermay legally acquire and hold tftle to
Ve 

# ~~q$4GI~

Attorne C&era1 of Texas

-3107-Dr. J. W. Edgar, page 5 (M-648)

Preparedby Ivan R. Williams, Jr. Assistant Attorney Qeneral
APPROVED: OPINION COMMITTEE
Kerns Taylor, Chairman W. E. Allen, Co-Chairman Jack Goodman Harold Kennedy Ray McGregor Jack Dlllard
MEADE F. GRIFFIN Staff Legal Assistant
ALFRKDWALKER Executive Assistant
NOLA WRITE First Assistant

-3108-