Texas Attorney General Opinion: M-466 Page: 7 of 10
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lion. Frank C. Erwin, Page 7 (M-466)
the statutes, can exercise ony such authority
as is conferred upon them by law in clear and
express language and that authority will not be
construed as being conferred by implication...
It is equally well settled, however, that when
a statute imposes a mandatory duty upon a govern-
mental agency to carry out the express and specifi-
cally defined purposes and objectives stated in
the law, such statute carries with it by necessary
implication the authority to do whatever is
reasonably necessary to effectuate the legislative
mandate and purpose."
It is our opinion that Article 2585 does not impose
a mandatory duty upon the Board of Regents to confer or to
grant any particular degree or diploma to any graduating students.
Therefore, it is further our opinion that the Board of Regents
has no implied authority, pursuant to Article 2585, to annul
a degree once conferred. The power of an administrative body
cannot be derived by inference or implication. Board of
Ins. Commissioner's of Texas v. Guardian Life Ins. Co. of
Texas, 142 Tex. 630, 180 S.W.2d 906 (1944); 73 C.J.S. 312,
Public Admin, Bodies, etc., Sec. 50.
However, the University of Texas does have contractual
authority as declared by the authorities in the conferring or
withholding of a College degree. The courts deem this to be
a matter of contract law subject to recognized statutory and
common law.
"Ordinarily, one matriculating at a college
or university establishes a contractual relationship
entitling him on compliance with reasonable regu-
lations as to scholastic standing, attendance
deportment and payment of tuition to pursue
his selected course of study to completion and
to receive a degree or certificate awarded for
successful completion of such course;..." 14
Corpus Juris Secundum, Colleges and Universities,
Section 8, pp. 1337-1338.
Texas courts have recognized this general rule; holding
that the rules and regulations set forth in a college catalog
constitute a written contract between the college and the- 2319 -
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-466, text, September 11, 1969; (https://texashistory.unt.edu/ark:/67531/metapth269690/m1/7/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.