Untitled Texas Attorney General Opinion ( 1952 )


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  •                 October 6, 1952
    Ron. Allan Shivers       Opinion lo. V-1530
    Governor of Texas
    Austin, Texas            Re: Legality of using funds ap-
    proprlated to the Executive
    Department for out-of-State
    scholarship aid to students
    attending schools other than
    those participating in the
    Southern Regional Education
    Dear Governor Shivers:       Compact.
    Your request for an opinion of this office
    reads as follows:
    "The Southern Regional Education Compact
    was approved~by the 52nd Legislature, and at
    that time the State of Texas became a party
    to the compact. Senate Bill 405, Acts, 52nd
    Legislature, R. S., 1951, chapter 331, page
    567. This compact relates to the development
    and maintenance of regional educational serv-
    ices and schools in the southern States In
    the professional.,technological, scientific,
    literary, and other fields, and provides for
    the establishment of schools to be utilized
    on a regional basis by the States which are
    parties to the compact. The compact was
    signed by the Governors of Florida, Maryland,
    Georgia, Louisiana, Alabama, Mlaslasippl,
    Tennessee, Arkansas, Virginia, Horth Carolina,
    South Carolina, Texas, Oklahoma and West
    Virginia.
    "In the General Appropriation Bill the
    following appropriation is made to the Rxecu-
    tive Department:
    *'There is hereby appropriated,
    out of any moneys In the State Treas-
    ury not otherwise appropriated, the
    sum of One Hundred and Ten Thousand
    ,   -
    Hon. Allan Shivers, page 2 (V-1530)
    Dollars ($110,000) for the fiscal.
    year beginning September 1, 1951,
    and the sum of One Hundred and Twenty
    Thousand Dollars ($120,000) for the
    fiscal year beglnnlng September 1,
    1952, to be expended for partlcipa-
    tlon by this State in the educational
    program under the Southern Regional
    Educational Compact administered by
    the Board of Control for Southern Re-
    gional Education, and for out-of-
    State scholarship aid. The moneys
    herein appropriated shall be admin-
    istered by the Governor. The Governor
    may delegate to such State agency or
    agencies of higher education as he
    may determine the administration of
    any part or parts of this appropria-
    tion for out-of-State scholarship aid.'
    House Bill 426, Acts 52nd Leg., R. S.
    1951, chap. 499, p. 1228 at page 1332.
    "The Board of Directors of Texas
    Southern University has been delegated the
    administration of the appropriation which is
    quoted above. In making the allocations for
    operation under the Southern Regional Com-
    pact, it was stated in a letter from the
    Budget Division of the Executive Department
    to the President of Texas Southern University
    that
    "'There may be some need for this
    money for out-of-State scholarship
    aid for students other than those who
    apply to you. If such applications
    should be filed, they would be handled
    in the regular manner.'
    "In previous years there was an appro-
    priation made to the Texas Southern University
    for out-of-State aid which was used for pro-
    viding out,-of-Statescholarships for those
    students who desired to attend schools in
    States other than Texas. House Bill 319, Acts
    5lst Leg., R. S. 1949, Ch. 319, p. 1133, at
    page 1146.
    .
    Ron. Allan Shivers, page 3 (V-1530)
    "A altuatlon has now arlaen concerning
    a student who desires out-of-State aid to
    attend a school in a State other than those
    which are signers to the Regional Education
    Compact. In past years the funds necessary
    to provide for this out-of-State education
    would have come from the out-of-State aid
    appropriated to the Texas Southern University.
    *Is it your opinion that the approprla-
    tion to the Executive Department contained
    In House Bl,ll 426, Acts 52nd Legislature,
    1951, was for the purpose of the partlclpa-
    tion of the State of Texas in the Southern
    Regional Education Compact as well as to
    continue the out-of-State aid which has
    been provided for in past years? Further,
    if your answer Is in the affirmative, may
    the funds appropriated for out-of-State
    scholarships be used to send students to
    schools other than those established under
    or Included In the Southern Regional Educa-
    tion Compact or in a State which is a party
    to that compact?"
    As stated above, the State of Texas became a
    party to the Southern Regional Rducatlon Compact In 1951.
    S. B. 405, Acts 52nd Leg., supra; Art. 2919d, V.C.S. Sec-
    tion 2 of Senate Bill 405 recites the terms of the Re-
    gional Compact, among which is Included the following:
    *Bach State agrees that, vhen authorized
    by the Legislature, It will from time to time
    make available and pay over to said Board
    Board of Control for Southern Regional Bduca-
    tion7 such funds as may be required for the
    est~bllshment, acquisition, operation and
    maintenance of such regional educational
    Institutions as may be authorized by the
    States under the terms of this Compact, the
    contribution of each State at all times to
    be in the proportion that its population
    bears to the total combined population of
    the States who are parties hereto as shown
    from time to time by the most recept official
    published report of the Bureau of the Census
    of the United States of America: or upon such
    other basis as may be agreed upon."
    Hon. Allan Shivers, page 4 (V-1530)
    Section 4 provides that the State of Texas
    shall be represented by the Governor In all matters
    concerning the regional program, and that he shall have
    all powers necessary to effectuate the purposes of the
    Compact.
    The Legislature which approved this Regional
    Compact also appropriated funds to be administered by
    the Governor for this State's current biennial support
    of that regional program. Article III of R. B. 426,
    Acts 52nd Leg., R. S. 1951, ch. 499, at p. 1332, a por-
    tion of which la recited hereinabove. The Immediate
    provision following that appropriation reads as followsn
    *Payments for tuition and other academic
    fees out of the moneys allocated from this
    appropriation by the Governor for out-of-State
    scholarship aid, may be made directly to the
    colleges or universities. Payments of the
    moneys allocated from this appropriation by
    the Governor for the regional education pro-
    gram purposes may be made directly to the
    colleges or universities approved by the
    Board of Control for Southern Regional Educa-
    tion or directly to said Board. Ho person
    who has been a resident of this State for
    less than six (6) years shall be entitled
    to receive the benefits of the money herein
    appropriated: and no payment shall be made
    in behalf of or for the benefit of any such
    person."
    In this appropriation to the Executive Depart-
    ment, it Is specifically provided that the sums therein
    appropriated ,shall be expended for the educational pro-
    gram under the Southern Regional Bducatlon Compact, *a+
    for out-of-State scholarship aid." Further, the Gover-
    nor is therein authorized to allocate a portion of the
    appropriation *for out-of-State scholarship aid" and a
    portion for *the regional education program purposes."
    It is observed, further, that prior to the
    52nd Legislature's adoption of the Regional Education
    Compact, the 51st and previous Legislatures provided
    appropriations biennially for out-of-State aid. PI,B.
    319, Acts 51st Leg., R. S. 1949, ch. 584, at pp. 1146,
    1157. The General Provisions of House Bill 
    319, supra
    ,
    provided:
    .
    _.
    Hon. Allan Shivers, page 5 (V-1530)
    "Subsection (26). The amounts appro-
    priated for Out-of-State Scholarship Aid to
    the Texas State University for Negroes for
    each year of the biennium shall be used as
    scholarship aid to qualified negro students
    who have been residents of Texas more than
    eight (8) years for graduate or professional
    study In approved colleges or unlversitiea
    outside of Texas until such time, In the
    biennium, as State collages or universities
    for negro students offer programs considered
    by the Board of Directors of the Texas State
    University for Regroes as equivalent to
    those In Institutions for white students;
    the out-of-State schools to be approved by,
    and the students to be selected by the
    Directors of the Texas State University for
    Begroes ." (The present name of the college
    is Texas Southern Unlverelty, Art. 2643f,
    V.C.S.)
    We find no provision In House Bill 
    426, supra
    ,
    concerning the current appropriation for such out-of-
    State aid, which requires that the sum which is allocated
    for out-of-State scholarship aid shall be expended only
    for scholarships In the colleges or universities of those
    States which are parties to the Regional Education Com-
    pact. In the light of previous legislation concerning
    such aid appropriations, we think the 52nd Lsglslature*s
    purpose In House Bill 426 was to provide lump sum appro-
    priations to cover the separate purposes for which It
    speclflcally provided the funds should be allocated.
    The Legislature did not therein expressly limit nor in
    our opinion did It intend to limit geographically the
    use of such scholarship funds to any certain out-of-State
    colleges or unlversitles.
    Accordingly, it 1s the opinion of this office
    that the appropriation to the Rxecutive Department con-
    tained In House Bill 
    426, supra
    , was for the purpose of
    participation of the State in the Southern Regional
    Education Compact as well as to continue the out-of-State
    scholarship aid provided for in past years. Further,
    there Is no requirement in Rouse Bill 426 that the funds
    appropriated and allocated for out-of-State scholarship
    aid may be expended,only to colleges or universities
    established under the Compact or geographically located
    In a State which is a party to that Compact.
    Hon. Allan Shivers, page 6 (V-1530)
    SUMIURY
    The appropriation to the Executive De-
    partment contained In House Bill 426, 52nd
    WT.3 R.S. 1951, ch. 499, p. 1228, at page
    1332, was for the purpose of participation
    of the State In the Southern Regional Educa-
    tion Compact as well as to continue for out-
    of-State scholarship aid provided for in
    past years.
    House Bill 
    426, supra
    , contains no re-
    quirement that the funds appropriated and
    allocated thereunder for out-of-State
    scholarship aid may be expended only to
    colleges or universities established under
    the Southern Regional Education Compact or
    geographically located in a State which Is
    a party to that Compact.
    Yours very truly,
    APPROVED:                      PRICE DMIEL
    Attorney General
    J. C. Davis, Jr.
    County Affairs Division
    Mark K. Wall                      Assistant
    Reviewing Assistant
    Charles D. Mathews
    First Assistant
    BJmm
    

Document Info

Docket Number: V-1530

Judges: Price Daniel

Filed Date: 7/2/1952

Precedential Status: Precedential

Modified Date: 2/18/2017