Case Information
*1 The Attorney General of Texas April 18, 1983 JIM MATTOX
Attorney General Supreme Austin, 512/4754301 Telex P. 0. BOX 12546 9101674-1367 TX. 76711. Court Building P. 0. Box 2910 Texas House of Representatives Committee on Appropriations Chairman Honorable Bill Presnal may receive appropriated funds opinion No. JM-24 ate Institution for the Deaf Re: Whether Southwest Collegi- Telecopier 5121475-0266 Austin, Texas 78769 from the legislature and various
in-kind donations from the federal government and a com- 1607 Main St., Suite 1400 munity college district Dallas, TX. 75201.4709 2141742-6944 Dear Representative Presnal: 4624 Albetfa Ave.. Suite 160
You have requested our opinion regarding the authority of the El Paso, TX. 79905-2793 legislature to appropriate funds for Southwest Collegiate Institution 9151533.3464 for the Deaf [hereinafter SCID]. Your first question is: .L 20 Dallas Ave.. Suite 202 Do the restrictions on use of appropriated Houston. TX. 77002.6966 funds by junior colleges found in section 130.003 7131650-0666 of the Education Code apply to the Southwest Collegiate Institution for the Deaf? Is the 606 Broadway, Suite 312 institute eligible to receive state appropriations Lubbock, TX. 79401-3479 for construction, operations, or other purposes? 6061747-5236 SCID was created by the legislature in 1981 under chapter 131 of the Education Code. Section 131.001 thereof describes the facility 4309 N. Tenth. Suite S McAllen, TX. 78501-1665 as: 5121662-4647
a postsecondary educational institution providing for instruction hearing-impaired students 200 Main Plaza. Suite 400 preparing for a career or for enrollment in a San Antonio. TX. 76205.2797 5121225-4191 senior college or university. SCID is:
An Equal Opportunity/ Affirmative Action Employer under the direct control and management of the
board of trustees of the Howard County Junior College District.
Section 131.002(a). The governing board of the institution is prohibited from conducting, except under limited circumstances, "regular junior college programs for students with unimpaired hearing." Section 131.003.
Honorable Bill Presnal - Page 2 (JM-24)
A "public junior college" is not merely any two-year institution of higher education. It is a creature of statute. Section 130.004 of the Education Code authorizes the creation of public junior colleges and junior college districts "Of any one of the following classifications": junior
(1) an independent school district college;
(2) a city junior college;
(3) a union junior college;
(4) a county junior college; (5) a joint-county junior college; and a public junior college as a part or division (6) of a regional college district. The creation of the various types of junior colleges is governed by chapter 130 of the Education Code. See §130.011, et se*.; 130.031, c 130.091, et seq. SCID, on th=ther hand, was created by the *; Section 130.001. Although it is "under the direct legislature. control and management of the board of trustees of the Howard County Junior College District," it is not itself one of the types of "public junior college" authorized by section 130.004. Rather, it is a "postsecondary educational institution providing instruction for hearing-impaired students preparing for a career or for enrollment in a senior college or university." Moreover, it is not on the list of certified junior colleges which the commissioner of higher education is required to file with the auditor and comptroller pursuant to section 61.063 of the Education Code.
Since, in our opinion, SCID is not a "public junior college" under chapter 130 of the Education Code, the restrictions of section 130.003, which apply only to "public junior colleges," are not applicable to it. Section 131.006(a) of the Education Code provides:
(a) The governing board of the institute may receive appropriations for the institute's operations only if the board operates the institute in compliance with this chapter.
So long as the board operates SCID in compliance with the provisions of chapter 131. it is eligible to receive legislative appropriations for any purpose.
You also ask: *3 (~~-24)
Honorable Bill Presnal - Page 3 May the Southwest Collegiate Institute for the Deaf legally receive land, equipment and buildings from a federal agency or a community college district?
Section 131.006(b) of the Education Code provides:
The board may accept gifts, grants, or donations of money or property given to the institute for the institute's exclusive use in carrying out the purposes of this subchapter.
In our opinion, this provision clearly authorizes the board to receive gifts, grants, or donations of land, equipment and buildings, from whatever source. We express no opinion as to whether a community college district may be empowered to make such a gift or grant. See - Tex. Const. art. III, $950, 51.
SUMMARY The Southwest Collegiate Institution for the Deaf is not a "public junior college." It may receive appropriated funds so long as its board of trustees operates the facility in compliance with the provisions of chapter 131 of the Education Code; Very truly yours J 1;
4 JIM MATTOX Attorney General of Texas TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
David Brooks
Rick Gilpin
Jim Moellinger
Nancy Sutton