Untitled Texas Attorney General Opinion ( 1978 )

The Attorney General of Texas
January 18, 1978
JOHN L. HILL
Attorney General
Dr. M. ~W.Roney, president Opinion No. II- 1116
TexasState Technical Institute
Waco, Texas 76705 Re: Status of Texas State Technical
Institute as an agency of the State of
Texas.
Dear Dr. Roneyz
You have asked whether Texas State Technical Institute is sn agency of
the State of Texas.
Texas State Technical Institute was created by an act of the Legislature
in 1965, Acts 1965, 59th Leg., ch. 91, at 220. At that time the Institute was
named the James Connally Technical Institute and was placed under the
governance of the Board of Directors of Texas A & M University. In 1969 the
name of the Institute was changed to the Texas State Technical Institute, and
its organixation and control was vested in a board of nine regents. Acts 1969,
6Ist Leg., ch. 179, at 515.
The members of the board are appointed by the Governor with the
advice and consent of the Senate. Education Code S 135.22. ‘Ihey are
required to take the constitutional oath of office set out in article 16, section
1 of the Texas Constitution. Id. The property of the Institute is held in the
name of the State of Texas, Education Code S 135.02. The Institute%
programs are subject to approval by the State Board of Vocational Education
and the Coordinating Board, Texas College and University System. Education
Code SS 135.03 and 135.04. The Board is authorized to collect tuition and fees
authorized by law. Education Code S 135.52. The Board is authorized to issue
revenue bonds of the same type which are authorized to be issued by state-
supported colleges and universities. Education Code SS 135.56 and 55.01 -
55.41. Since its inceotion the institute has been funded bv legislative
appropriations. See e: Acts 1965, 59th Leg., ch. 720, at 1872, -and Acts
1977, 65th Leg., cd’.&% 2703.
In light of these factors, we believe it is abundantly clear that Texas
State Technical Institute is an agency of the State of Texas. State of
Arkansas v. State of Texas, 346 U.S. 368 (1953): Allis-Chalmers Mfg.
Curtis Electrical C0.. s,W.2d 700 (Tex. 1954).(ficadma that Texas A & M is
an agency 0 rtheState of Texas); Attorney General Opinion H-365 (1974).
Dr. M. W. Roney - Page2 (H-1116)
SUMMARY
Texas State Technical Institute is an agency of the State of
Texas.
,Very truly yours,
Attorney General of Texas
APPROVED: / w
Opinion Committee
P- 4566