Untitled Texas Attorney General Opinion

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