Can the Southwest Collegiate Institute for the Deaf get state appropriations without the funding restrictions that bind public junior colleges?

Texas AG Opinion JM-24: Deaf Institute Funding

Plain-English summary

An appropriations committee chairman asked whether the Southwest Collegiate Institution for the Deaf (SCID) is bound by the restrictions on junior colleges' use of appropriated funds in section 130.003 of the Education Code, and whether it can receive state appropriations.

JM-24 concluded SCID is not a "public junior college." It was created by the legislature under chapter 131, not established as one of the junior college types listed in section 130.004, and it is not on the certified list of junior colleges.

"Since, in our opinion, SCID is not a 'public junior college' under chapter 130 of the Education Code, the restrictions of section 130.003, which apply only to 'public junior colleges,' are not applicable to it."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0024.pdf

So SCID could receive legislative appropriations for any purpose, as long as its governing board operated it in compliance with chapter 131. It could also accept gifts, grants, and donations of land, equipment, and buildings for the institute's use.

Currency note

This opinion was issued in 1983. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Why isn't SCID a "public junior college"?

Because a public junior college is a creature of statute limited to the types listed in section 130.004, and SCID was created separately by the legislature under chapter 131 as a postsecondary institution for hearing-impaired students.

"Although it is 'under the direct control and management of the board of trustees of the Howard County Junior College District,' it is not itself one of the types of 'public junior college' authorized by section 130.004."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0024.pdf

What condition applies to SCID's appropriations?

That its governing board operate the institute in compliance with chapter 131.

"The governing board of the institute may receive appropriations for the institute's operations only if the board operates the institute in compliance with this chapter."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0024.pdf

Can SCID accept property donated by a federal agency or a college district?

Yes, the board may accept such gifts, grants, or donations, though the opinion did not decide whether a community college district has the power to make such a gift.

"We express no opinion as to whether a community college district may be empowered to make such a gift or grant."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0024.pdf

Background and statutory framework

SCID was created in 1981 under chapter 131 of the Education Code as a postsecondary institution for hearing-impaired students, under the control of the Howard County Junior College District's board of trustees. Chapter 130 governs public junior colleges and lists their permitted types in section 130.004. Section 131.006 governs SCID's authority to receive appropriations and to accept gifts.

"SCID was created by the legislature in 1981 under chapter 131 of the Education Code."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0024.pdf

Holding

"The Southwest Collegiate Institution for the Deaf is not a 'public junior college.' It may receive appropriated funds so long as its board of trustees operates the facility in compliance with the provisions of chapter 131 of the Education Code."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0024.pdf

Citations and references

Statutes discussed by JM-24:

• "section 130.003 of the Education Code" Official PDF
• "chapter 131 of the Education Code" Official PDF
• "section 130.004" Official PDF
• "Section 131.006(a) of the Education Code" Official PDF

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-0024
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0024.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain. The linked PDF is authoritative.

The Attorney General of Texas

JIM MATTOX
Attorney General

April 18, 1983

Honorable Bill Presnal
Chairman
Committee on Appropriations
Texas House of Representatives
P. O. Box 2910
Austin, Texas 78769

Opinion No. JM-24

Re: Whether Southwest Collegiate Institution for the Deaf may receive appropriated funds from the legislature and various in-kind donations from the federal government and a community college district

Dear Representative Presnal:

You have requested our opinion regarding the authority of the legislature to appropriate funds for Southwest Collegiate Institution for the Deaf [hereinafter SCID]. Your first question is:

Do the restrictions on use of appropriated funds by junior colleges found in section 130.003 of the Education Code apply to the Southwest Collegiate Institution for the Deaf? Is the institute eligible to receive state appropriations for construction, operations, or other purposes?

SCID was created by the legislature in 1981 under chapter 131 of the Education Code. Section 131.001 thereof describes the facility as:

a postsecondary educational institution providing instruction for hearing-impaired students preparing for a career or for enrollment in a senior college or university.

SCID is:

under the direct control and management of the board of trustees of the Howard County Junior College District.

Section 131.002(a). The governing board of the institution is prohibited from conducting, except under limited circumstances, "regular junior college programs for students with unimpaired hearing." Section 131.003.

A "public junior college" is not merely any two-year institution of higher education. It is a creature of statute. Section 130.004 of the Education Code authorizes the creation of public junior colleges and junior college districts following any one of the "classifications":

(1) an independent school district junior college;

(2) a city junior college;

(3) a union junior college;

(4) a county junior college;

(5) a joint-county junior college; and

(6) a public junior college as a part or division of a regional college district.

The creation of the various types of junior colleges is governed by chapter 130 of the Education Code. See §130.011, et seq.; 130.031, et seq.; 130.091, et seq. SCID, on the other hand, was created by the legislature. Section 130.001. Although it is "under the direct control and management of the board of trustees of the Howard County Junior College District," it is not itself one of the types of "public junior college" authorized by section 130.004. Rather, it is a "postsecondary educational institution providing instruction for hearing-impaired students preparing for a career or for enrollment in a senior college or university." Moreover, it is not on the list of certified junior colleges which the commissioner of higher education is required to file with the auditor and comptroller pursuant to section 61.063 of the Education Code.

Since, in our opinion, SCID is not a "public junior college" under chapter 130 of the Education Code, the restrictions of section 130.003, which apply only to "public junior colleges," are not applicable to it. Section 131.006(a) of the Education Code provides:

(a) The governing board of the institute may receive appropriations for the institute's operations only if the board operates the institute in compliance with this chapter.

So long as the board operates SCID in compliance with the provisions of chapter 131, it is eligible to receive legislative appropriations for any purpose.

You also ask:

May the Southwest Collegiate Institute for the Deaf legally receive land, equipment and buildings from a federal agency or a community college district?

Section 131.006(b) of the Education Code provides:

The board may accept gifts, grants, or donations of money or property given to the institute for the institute's exclusive use in carrying out the purposes of this subchapter.

In our opinion, this provision clearly authorizes the board to receive gifts, grants, or donations of land, equipment and buildings, from whatever source. We express no opinion as to whether a community college district may be empowered to make such a gift or grant. See Tex. Const. art. III, §§50, 51.

SUMMARY

The Southwest Collegiate Institution for the Deaf is not a "public junior college." It may receive appropriated funds so long as its board of trustees operates the facility in compliance with the provisions of chapter 131 of the Education Code.

Very truly yours,

JIM MATTOX
Attorney General of Texas

TOM GREEN
First Assistant Attorney General

DAVID R. RICHARDS
Executive Assistant Attorney General

Prepared by Rick Gilpin
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

Susan L. Garrison, Chairman
Jon Bible
David Brooks
Rick Gilpin
Jim Moellinger
Nancy Sutton