BAA (Legal) – Board Legal Status Powers, Duties, Responsibilities


SECTION ONE: BOARD ROLE AND AUTHORITY

1.01 The Board of Trustees, being composed of lay members, shall exercise the traditional and time-honored role for such boards as it has evolved in the United States and shall constitute the keystone of the governance structure. In this regard, the Board:

  • Is expected to preserve institutional independence and to defend its right to manage its own affairs through its chosen administrators and employees.
  • Shall enhance the public image of the College District under its governance.
  • Shall interpret the community to the campus and interpret the campus to the community.
  • Shall nurture the College District under its governance to the end that it achieves its full potential within its role and mission.
  • Shall insist on clarity of focus and mission of the College District under its governance. Education Code 51.352(a)

1.02 All authority not vested by Texas Education Code 130 or by other laws of the state in the Texas Higher Education Coordinating Board or in the Texas Education Agency shall be reserved and retained locally in the College District or in the Board as provided in the laws applicable. Education Code 130.002

SECTION TWO: BOARD POWERS AND DUTIES

2.01 State statue assigns specific powers and duties to the Board of Trustees. The Board has the legal power and duty to:

  • Policy Direction & Majority Requirement: Provide the policy direction of the College District by acting and proceeding by and through resolutions or orders adopted or passed by the Board not inconsistent with State law. The affirmative vote of a majority of all members of the Board shall be required to adopt or pass a resolution or order. Education Code 51.352(b), 130.082(d)
  • Governing Law: Be governed in the establishment, management, and control of the College District by the general law governing the establishment, management, and control of independent school districts insofar as the general law is applicable. Education Code 130.084(a)
  • Goals: Establish goals consistent with the College District’s role and mission. Education Code 51.352(d)
  • Levy Ad Valorem Taxes: Cause the taxable property in the district to be assessed for ad valorem taxation and the ad valorem taxes in the district be collected, in accordance with any one of the methods set forth in Education Code 130.121, and any method shall remain in effect until changed by the Board.
  • Issue Bonds: Issue negotiable coupon bonds for the construction and equipment of College District buildings and the purchase of the necessary sites therefor, and levy and pledge annual ad valorem taxes sufficient to pay the principal of and interest on said bonds as the same come due, and to levy annual ad valorem taxes for the further maintenance of the College District. Education Code 130.121(a), .122(a)

  • Set Tuition and Fees: Set and collect any amount of tuition, rentals, rates, charges, or fees the Board considers necessary for the efficient operation of the College District, except that a tuition rate must satisfy the requirements of Section 54.051(n). The Board may set a different tuition rate for each program, course, or course level offered by the College District, including a program, course, or course level to which a provision of Section 54.051 applies, as the Board considers appropriate to reflect course costs or to promote efficiency or another rational purpose. Education Code 130.084

  • Budget: Approve an itemized current operating budget on or before September 1 of each year. 19 TAC 13.42
  • Audit of Accounts: Have the accounts of the College District audited in accordance with the approved financial reporting system. Education Code 61.065 • Annual Reports: Submit the required annual reports to the governor and comptroller. Gov’t Code 403.013
  • Bequests and Donations: Receive bequests and donations or other monies or funds coming legally into their hands. Education Code 11.151(a)

  • Endowment Fund: Establish an endowment fund outside the state treasury in a depository selected by the Board. Education Code 130.007

  • Depositories: Select one or more depositories for College District funds enumerated in Education Code 51.002

  • Elections: Order elections as required by law. Education Code 130.082(f), 130.122(b)

  • Eminent Domain: Exercise the right of eminent domain to acquire property on which to construct college buildings or any other public use necessary for the district. Education Code 11.155, 130.084; Atty. Gen. Op. M–700 (1970)

  • College President: Appoint the College President, evaluate the College President, and assist the College President in the achievement of performance goals. Education Code 51.352(d)

  • Appointments: Appoint or employ agents, employees, and officials as deemed necessary or advisable to carry out any power, duty, or function of the Board; employ a dean, or other administrative officer; upon the College President’s recommendation, employ faculty and other employees of the College District. Education Code 130.082(d)

  • Fees: Fix and collect rentals, rates, charges, or fees from students and others for the occupancy, use, or availability of all or any of its property, buildings, structures, activities, operations, or facilities, in such amounts and in such manner as may be determined by the Board. Education Code 130.123(c)

  • Real Property: Execute, perform, and make payments under a contract under the Public Property Finance Act for the use or purchase or other acquisition of real property or an improvement to real property. Local Gov’t Code 271.004

  • Contract: Execute, perform, and make payments under a contract with any person for the use or the purchase or other acquisition of any personal property, or the financing thereof. Local Gov’t Code 271.005

  • Sue and be sued. Education Code 11.151(a); 130.084
  • Formal Positions: Ensure that its formal position on matters of importance to the College District is made clear to the Texas Higher Education Coordinating Board when such matters are under consideration by the Coordinating Board. Education Code 51.352(d)

  • Admission Standards: Set campus admission standards consistent with the role and mission of the College District and considering admission standards of similar institutions nationwide having a similar role and mission, as determined by the Coordinating Board. Education Code 51.352(d)

REVISED 03/2017