MARK WHITE 

Attorney General 

The Attorney General of Texas 

August 21, 1980 

Honorable A. R. Schwartz 

Natural Resources Committee 

Senate of the State of Texas 

Austin, Texas 

Opinion No. MW-226 

Re: Regental authority to name 

institution “Texas A&M University 

at Galveston.” 

Dear Senator Schwartz: 

ln Attorney General Opinion MW-64 (1979) we advised the Coordinating 

Board, Texas College and University System, that names established by 

statute for particular institutions of higher learning could not be changed by 

the governing boards of the institutions in the absence of legislative 

authority therefor. You ask specifically about renaming Moody College as 

Texas A & M University at Galveston. 

The institution about which you inquire is identified by the Texas 

Education Code, section 87.201, as “The Texas Maritime Academy.” Section 

55.171 of the Education Code refers to the facilities as the “Texas Maritime 

Academy and Moody College of Marine Sciences and Maritime Resources.” 

The currently popular name, “Moody College” has been used by the 

legislature in the General Appropriations Act. See Acts 1979, 86th Leg., ch. 

843, at 2445, 2804. However, a provision of theTenera1 Appropriations Act 

cannot amend or repeal general legislation. Attorney General Opinions 

MW-104, MW-51 (1979). 

It is apparent from the history you recite that in the past such 

unauthorized name changes have been subsequently adopted by the 

legislature, either formally or informally. Until title three of the Education 

Code was adopted in 1971, the official name of the institution was simply 

“Nautical School.” See Acts 1931, 42nd Leg., ch. 255, at 423; V.T.C.S. art. 

2615b (repealed). When that portion of the code was adopted and section 

87.201 of the Education Code replaced article 2615b, V.T.C.S., references to 

“Nautical School” were dropped and “Texas Maritime Academy” was used 

instead. Acts 1971, 62nd Leg., ch. 1024, at 3206. 

The effect of that legislative change is somewhat unclear since no 

sbstantive changes were intended by the recodifying legislation. Id. at 

3319. But in 1973, when section 55.171 was added to the Education Cfi, it 

identified the institution as the “Texas Maritime Academy and Moody 

P. 719 
Honorable A. R. Schwartz - Page Two (MW-226) 

College of Marine Sciences and Maritime Resources,” and removed doubts about its 

official name. The later expression of the legislature controls conflicts, and the official 

name of the institution is as stated there. See V.T.C.S. art. 5429&2, 5 3.05(a) (Code 

Construction Act); 53 Tex. Jur.2d, Statutes S189, at 288. See also Acts 197’7, 65th Leg., 

ch. 872, at 3053-54 (appropriation to “Texas Maritime Academy and Moody College of 

Marine Sciences and Marine Resources”). 

However probable it may be that the legislature will ratify the unauthorized action 

of the board of regents, we must advise that the board lacks power to change the name of 

the institution officially. Attorney General Opinion MW-64 (1979). Cf. Cit of Mason v. 

West Texas Utilities Co., 237 S.W. 2d 273 (Tex. 1951) (legislative power -+ to rati y. 

offer no opinion on any designation used informally by popular or common usage. 

SUMMARY 

The regents of the A&M University System lack power to officially 

change the name of thei maritime institution at Galveston to 

“Texas A&M University at Galveston.” 

/--I 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

Prepared by Bruce Youngblood 

Assistant Attorney General 

APPROVED: 

OPINION COMMlTTEE 

C. Robert Heath, Chairman 

Jim Allison 

Susan Garrison 

Rick Gilpin 

Bruce Youngblood 

P. 720