Untitled Texas Attorney General Opinion ( 1971 )

Honorable Qrover E. Murray Opinion No. M-1007
President
Texas Tech University Re: Authority to establish a
P. 0. Box 4349 "Central Services Account'
Lubbock, Texas 79409 for Texas Tech University
and 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
IV, Section 36, Senate Bill No. 7, 62nd Legis-
lature, First Called Session, 1971, to the
Board of Regents of Texas Tech University and
Texas Tech University School of Medicine 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
the administration, supervision, and common
operations and support of the Institutions con-
flicts with Article 4413(32)
-.~ V.A.C.S., commonly
known as the 'Interagency Cooperation-Act?"' -
Section 36 of Article IV of Senate Bill 11, Acts 62nd
Legislature, R.S. 1971 (as amended by S.B. 7, 1st C.S., 62nd Leg.,
1971) provides:
“sec. 36. TEXAS TECH UNIVERSITY AND TEXAS
TECH UNIVERSITY SCHOOL OF MEDICINE CENTRALSER-
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 institutions jointly and pay their
salaries in whole or in part from the approprlatlons
made herein to either instftutfon. Said Board is
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Hon. Grover E. Murray, page 2 (M-1007)
authorized to establish the ‘Texas Tech University
and 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 for
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
University School of Medicine in payment of salaries,
maintenance, equipment or travel incident to the
administration, supervision, and common operations
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 of the 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
of Regents. Travel expense Incurred by a person
employed by one institution in connection with service
to the other institution may be reimbursed by the
institution for which such services are performed
or proportionately if both institutions 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
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Hon. Grover E. Murray, page 3 (M-1007)
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.
Section 110.01 of House Bill 1657, Acts 62nd Leg., R.S.
1971, Ch. 1024 at page 3072, 3267, provides:
"Texas Tech University School of Medicine
at Lubbock is a separate institution and not a
department, school, or branch of Texas Tech
University 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.
Section 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 and Texas Tech University School of Medicine
at Lubbock are under the direction, management and control of the
Texas Tech University Board of Regents, managed as separate in-
stitutions under the same board. There is no provision in House
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 institution prohibit the Legislature from establishing
a central services account for the reason that such account merely
details the use the funds appropriated may be spent by the governing
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Hon. Grover E. Murray, page 4 (M-1007)
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 of the
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."
Section 3 provides in part:
"Any state agency may enter into and perform
a written agreement or contract with other agencies
of the state for 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 institution 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
institutions to contract with itself. It is therefore our opinion
that Article 4413(32) has no application to your question.
You are accordingly advised that Section 36 of Article
IV of Senate Bill 11, Acts 62nd Le .> R.S. 1971 (as amended by
S.B. 7, 1st C.S., 62nd Leg., 1971 7 is valid and the Board of
Regent: isauthorized to establish the Central Services Account
provided therein and to expend moneys in accordance with its pro-
visions.
SUMMARY
Section 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 and Texas Tech University School
of Medicine is valid.
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. *
Hon. Grover E. Murray, page 5 (M-1007)
. 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
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