Case Information

*1 The Attorney General of Texas August 21, 1980

MARK WHITE

Attorney General

Honorable A. R. Schwartz Opinion No. MW-226 Natural Resources Committee

Senate of the State of Texas Re: Regental authority to name institution “Texas A&M University Austin, Texas 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 See Acts 1931, 42nd Leg., ch. 255, at 423; V.T.C.S. art. 2615b (repealed).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 Id. at sbstantive changes were intended by the recodifying legislation. 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 there. See V.T.C.S. art. 5429&2, 5 3.05(a) (Code name of the institution is as stated 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