Untitled Texas Attorney General Opinion ( 1979 )

The Attorney General of Texas
October 4, 1979
MARKWiiltE
Attorney Qeneml
Dr. Kenneth II. Ashwath Opinion No. MW-64
Coordinating Board
Texas College and University System Re: Authority of governing board
P. 0. Box 12788, Capitol Station to change name of statutorily
Austin, Texas 787ll authorized institutions of higher
education.
Dear Dr. Ashwath:
4sN rIben. An., suite lso You inquire about the authority of governing boards and the
El PW. TX. wsos Coordinating Board, Texas College and Unfverslty System, to rename
0ws13-34M
statutorily authorized institutions of higher education.
The names of the institutions about which you inquire are established
by statute. We belleve an administrative body lacks authority to chaige a
statutorily established name. An administrative agency has only those
powers expressly conferred by statute or .implIed therefrom. Stauffer v.
City of San Antonio, 344 S.W.2d 158 (Tex. 198ll. It may not promulgate rules
that conflict with general law. State v. Jackson, 378 S.W.2d 341 (Tex. 1984);
see also Brown Bxpreor, Inc. v. Railroad Commission, 415 S.W.2d 394 (Tex.
IIY Industrial Accident Board, 358 S.W.2d 874 (Tex. Civ. App. -
=82 ,”
writ ref%B. The legislature has amen&d the Education Code on
numerous occasions to change the name of a state college or university.
See, e.g., Educ. Code S 87.001 (Tarleton State University); S 87.101(Prairie
View A&M Unlversityk S 104.01(University System of South Texas); 9 ll3.01
(Texas Eastern University). See also Attorney General Opinions WW-1035
(198B (name of the “Agricultural and Mechanical Collage of Texas” may be
changed by act of the legislature and does not require constitutional
amendment); WW-473 (1958) (water control and improvement district may
not change its name). ‘We find no provision expressly authorizing the
Coordinating Board cr the Regents of the various colleges and universities to
change the name of an institution under their jurisdiction. Accordingly, the
statutorily established name of a state-supported college or university may
not be changed in the absence of authority granted by the legislature.
SUMMARY
The Coordinating Board and the governing boards of
state-supported colleges and universities may not
P. 199
Dr. Kenneth II. Ashworth - Page TWO (Mw-641
change the legislatively established name of an institution under
H their jurisdiction.
vwLrz
MARK WHITE
Attorney General of Texas
JOHN W. PAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by Susan Garrison
Assistant Attorney General
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APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
David B. Brooks
Susan Garrison
Rick Gilpin
William G Reid
Bruce Youngblood
Lonny Zwiener
p. 20.0