June 0, 197Q 

Dr. J. W. Edgar 

Commleeloner 

Texas Education Agency 

301 East 11th Street 

Austin, Texas 

Opinion No. 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 statement which we quote a% follows: 

"A Regional Education Service Center Is 

an area educational facility, organizational and 

physical, established by 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 adopted by said 

Board In line with the provlsfons prescribed in 

Article 2654-3d, V.C.S. (Section 11.32, Texas 

Education Code). In addition to operating as 

the regional education media 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 educational planning, and to encourage 

the development of supplementary education services 

under Title III of the Elementary and Secondary Act. 

"The State Boa:rd has 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. - ~ ~ 

"Region XIX Education Service Center, whose area 

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

comprises El Paso and Hudspeth counties, desires 

to enter Into an agreement with the El Paso Independent School District, a participant in the 

center, to construct a facility for Region XIX 

Service Center use. Under the agreement the 

facility would 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 Education may provide for the establishment and a procedure for 

the operation of Regional Education Service Centers by rules and regulations adopted under this 

section and the provlsfons of Section ll.3Zp to 

provide educational services to school dfstrfcts 

and to coordinate educational planning In the 

region. 

"(b) The governfng board 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 organfzatfons and to expend such funds 

for the specific purposes :in accordance wfth the 

terms of the contract with the contracting agency." 

In your letter you advised thfs office that one of the 

functions of a regional education service center is to operate as 

a regional education media center whfch Is authorized to be established by the provisions of Article 2654-3(d), Vernon's Civil 

Statutes, codified as Section 1x,32, Texas Education Code. 

Previously, this offfce Iuled in Attorney General's 

Opinion No. C-749 (1966) that regional education media centers 

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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 for membership In the Teacher Retirement System 

and such membership 1s required as a condition of employment 

unless such employees are otherwise exem t. In addition, Attorney General's Opinion No. M-149 ( Wd concluded that regional 

education media centers are olltlcal subdlvlslons within the 

provisions of Article 695g(l P , Vernon's Civil St atutes, and that 

the employees of said polltlcal subdlvlslons are entitled to 

social security coverage. 

Under the rule and regulation making 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 Procedures and 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 center puqJDses In accordance with statutes governing the authority of 

Boards of Trustees of Independent School Dlstrlcts." 

Article 11.32(g) of the Education Code declares that 

"Title to and all educational media and property purchased by 

the (Education Media) Center shall remain with and in the center." 

(Parenthesis ours.) 

By the terms of Regulation 6.11 of the "State Plan," 

supra, the Boards of Directors of the respective centers must 

acquire, hold title and sell real estate In accordance with the 

statutes governing the authority of boards of trustees of independent school districts. In this regard, Section 23.26, Texas 

Education Code, contains the general authority of the trustees 

regarding rea 1 property. Section 23.26, Texas Education Code, 

reads, In part, as follow%: 

"(a) The trustees shall constitute a body 

corporate and in the name of the school dlstrlct 

may acquire and hold real and personal property, 

sue and be sued, and receive bequests and donations or other moneys of funds coming legally 

into their hands. 

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

II 

. . . 

"(c) All rights and titles to the school 

property of the district, whether real or personal, 

shall be vested In the trustees and their successors 

In office. 

Administrative rules and reuulatlons to be valid must 

be within the authority conferred on ihe administrative agency. 

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 orovlslons must be In harmony with the neneral 

objective with-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 centers whose function Is to 

provide educational serv'lces to participating school districts 

and to coordinate educational planning In the regions. It IS 

our opinion that the provisions of Regulation 6.11 of the "State 

Plan" are in harmony with the functions and general objectives 

of the centers. Consequently, we hold that Regulation 6.11 of 

the "State Plan" Is valid. 

Valid rules and renulatlons of an administrative agency 

promulgated pursuant to statite have the force and effect of- - 

legislation. Northeast Tarrant County Water Authority v. Board 

of Water Engineers, 3b7 S 0 W D 2d '120 (T ex.Clv.App. 1963, no writ). 

On the basis of the foregoing authorities and discussion, 

you are advised that a regional education service center may, 

under the facts submitted, legally acquire and hold title to real 

property. 

SUMMARY 

A regional education service center may legally 

acquire and hold tftle to 

Ve 

~~q$4GI~ 

Attorne C&era1 of Texas 

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

Prepared by 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 

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