Case Information
*1 Honorable Qrover E. Murray Opinion No. M-1007 President
Texas Tech Re: Authority a P. 0. Box 4349 "Central Services Account' Lubbock, Texas for Texas Tech University Dear Dr. Mur.ray: School of Medicine.
Your request for an opinion on the above subject matter asks the following question:
"Whether the authority granted by Article 36, Senate Bill No. 7, 62nd Legis- IV, Section lature, First Called Session, 1971, to the Board of Regents of Texas Tech University and Texas Tech University to establish a 'Central Services Account', as well as the authority granted to Comptroller of Public Accounts to pay vouchers submitted by such Institutions for non-instructional salaries, maintenance, equipment or travel Incident to supervision, and common the administration, operations and support of the Institutions con- flicts with Article 4413(32) V.A.C.S., commonly -.~ 'Interagency Cooperation-Act?"' - known as the 36 of Article IV of Senate Bill 11, Acts 62nd 1971 (as amended by S.B. 1st C.S., 62nd Leg., Legislature, R.S. 1971) provides:
“sec. 36. TEXAS TECH UNIVERSITY AND TEXAS TECH UNIVERSITY SCHOOL OF MEDICINE CENTRAL SER- VICES ACCOUNT. Out of funds appropriated in this Article, the Board of Regents of Texas Tech Uni- versity, acting In its capacity as governing board of each separate institution, may employ persons to serve both jointly and pay their salaries in whole or in part from the approprlatlons Said Board is made herein to either instftutfon.
Hon. Grover E. Murray, page 2
authorized the ‘Texas Tech University School of Medicine Central Services Account’ from which may be paid salaries and expenses for the administration, supervision and operation of the institutions, in such proportion as may be determined by said Board and to require the institutions Including any other institution which may be placed under the admlnis- tration of the Board by law to pay into this account from any local fees or funds or from moneys appro- priated by the Legislature, their proportionate share as determined by the Board of Regents for the expense and administration of each institution.
The Comptroller of Public Accounts is authorized to set up an account with the above caption and to deposit in said account funds to the amount authorized by said Board of Regents and the ex- ecutive heads of the respective institutions
non-instructional salaries and general operating expenses D The Comptroller is authorized to draw warrants against this account based on vouchers submitted by Texas Tech University and Texas Tech in payment of salaries, maintenance, equipment or travel incident to the supervision, and common operations administration, and support of the institutions. The State Treasurer is hereby authorized and directed to pay warrants so issued against any funds except instructional salaries appropriated by the Legislature to each institution.
“Appropriations to either of the institutions may also be used to reimburse any revolving fund operated for the benefit of either institu- tions such as a motor pool for managing automotive vehicles authorized by the Act, an office supply or laboratory supply center or any other operation of a similar nature established by authority of the Board Travel expense Incurred by a person of Regents.
employed by one institution in connection with service to the other institution may be reimbursed by the for which such services are performed or proportionately if both are involved,” (at p. IV-80-81).
A general appropriation act may contain riders which detail, limit or restrict the use of funds or otherwise insure *3 Hon. Grover E. Murray, page
that the money appropriated is spent for the required purposes for which the money is appropriated. However, an appropriation act cannot modify, amend or re eal exlstin
General's Opinions M-942 (1971 7, M-249 (l&3~e:~:1~%;~ (:;;:::ey and authorities cited in these opinions. 110.01 of House Bill 1657, Acts 62nd Leg., R.S.
Section 1971, Ch. 1024 at page 3072, provides:
"Texas Tech University School of Medicine at Lubbock is a separate institution and not a department, school, or branch of Texas Tech but is under the direction, manage- ment, and control of the Texas Tech University Board of Regents."
Section 110.02 provides:
"The board of regents has the same powers of direction, management, and control over the medical school as they exercise over Texas Tech University. However, the board shall act separ- ately and independently on all matters affecting the medical school as a separate institution. 110.03 provides:
"The board may make rules and regulations for the direction, control, and management of Texas Tech University School of Medicine as necessary for the school to be a medical school of the first class.'
It is noted that under the foregoing provisions both Texas Tech University
at Lubbock are under the direction, management and control Texas Tech University Board of Regents, managed as separate in- There is no provision in House stitutions under the same board. Bill 1657, supra, that prohibits the Legislature from appropriating moneys to the Board of Regents for the purposes set out in Section 36 of Article IV of the current General Appropriation Act, nor does the fact that the school of medicine is to be managed as a separate prohibit the Legislature from establishing a central services account the reason that such account merely details the use the funds appropriated may be spent by the governing *4 Hon. Grover E. Murray, page 4
board to whom the appropriation is made, and therefore falls within the legitimate purposes of riders to appropriation bills. See au- thorities in Attorney General's Opinions M-942, M-249 and V-1254, supra.
Your question also refers to the provisions of Article 4413(32), Vernon's Cl.?11 Statutes, commonly known as the Inter- agency Cooperation Act, which authorizes various agencies State to contract with one another. Section 2 of Article 4413(32) defines "agency" as follows:
"When used in this Act the word 'agency' ln- eludes department, board, bureau, commission, court, office, authority, council, institution, university, college, and any service or part of a State institu- tion of higher education." 3 provides
Section in part: "Any state agency may enter into and perform a written agreement or contract with other agencies of the state furnishing necessary and au- thorized special or technical services, including the services of employees, the servl$es of materials, or the services of equipment. . D .
Since Texas Tech University and Texas Tech University School of Medicine are to be managed as separate institutions, each could be regarded as an agency within the definl- tion of Section 2 of Article 4413(32), Vernon's Civil Statutes. However, this fact does not require the governing board of such to contract with itself. It is therefore our opinion that Article 4413(32) has no application to your question. 36 of Article
You are accordingly advised that Section IV of Senate Bill 11, Acts 62nd Le .> R.S. 1971 (as amended by S.B. 1st C.S., 62nd Leg., 1971 is valid and the Board of Regent: isauthorized the Central Services Account provided therein and to expend moneys in accordance with its pro- visions.
SUMMARY 36 of Article IV of Senate Bill 11, Acts 62nd Leg., R,S. 1971 (as amended by S.B. 7, 1st C.S., 62nd Leg., 1971) authorizing the estab- lishment of a Central Services Account for Texas Tech University School of Medicine is valid.
. *
Hon. Grover E. Murray, page
. MARTIN y Qeneral of Texas Prepared by John Reeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E, Allen, Co-Chairman
James Quick
James Maxwell
Wm. J. Craig
Sig Aronson
SAM MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
-49 14-