.
The Honorable Bevington Reed Opinion NO. B-762
Commissioner
Coordinating Board Re: Authority of the
Texas College and Coordinating Board, Texas
University Syetem College and University
P. 0. Box 12788, Capitol Station System, to control the
Austin, Texas 78711 cost of conetruction
program8 undertaken by
public colleges and
universitie8.
Dear Dr. Reed:
You have asked us:
Does the Coordinating Board, Texas
College and University System have
the authority and the obligation
under [Education Code] Section 61.058,
as amended by Senate Bill 706, 64th
Texas Legislature, 1975, to regulate
the expenditure of funds in dealing
with construction and rehabilitation
projects in institutions of higher
education?
You explain that "[tlhe term 'regulate' in this question
refers to guiding the relationship of dollare to facilities
space toward an efficient ratio as determined by Coordinating
Board deliberation on each project."
Section 61.058 of the Texas Educaton Code, as amended
[Acts 1975, 64th Leg..,ch. 676, p. 20551 reads (emphasis
added):
p. 3220
The Honorable Bevington Reed - page 2 (H-762)
Sec. 61.058. Construction Funds
and Development of Physical Plants
To assure efficient use of
constKc=unde and therxrly
development omeical plants to
accommodate projected college student
enrollments, the board shall:
(1) determine formulas for
space utilization in all educational
and general buildings and facilities
at institutions of higher education;
(2) devise and promulgate
methods to assure maximum daily and
year-round use of educational and
general buildings and facilities,
including but not limited to maximum
scheduling of day and night classes
and maximum summer school enrollment:
(3) consider plans for selective
standards of admission when institutions
of higher education approach capacity
enrollment:
(4) require, and assist the
public senior colleges and universities,
medical and dental units, and other
agencies of higher education in
developing, long-range plane for
campus development;
(5) endorse, or delay until the
next succeeding session of the legislature
has the opportunity to approve or
disapprove, the proposed purchase of
any real property by an institution
of higher education, except a public
junior college:
rules(6) develop and publish standards,
and regulations to guide the
instiiutions and agencies of higher
education in making application for
the approval of new construction and
major repair and rehabilitation of
all buildings and facilities regardless
of proposed use:
p. 3221
” .
The Honorable Bevington Reed - page 3 (H-762)
(7) ascertain that the standards
and specifications for new construction,
repair, and rehabilitation of all
buildings and facilities are in accordance
with Chapter 324, Acts of the 61et
Legislature, Regular Session 1969, as
amended (Article 678(g) Vernon's Texas
Civil Statutes); and
(8) approve or disapprove all
new construction and repair and rehabil-
itation of all new buildings and
facilities at inetitutione of higher
education financed from any source
other than ad valorem tax receipts of
the public junior colleges, provided
that:
(A) the board's consideration
and determination shall be limited
to the purpose for which the new
or remodeled buildings are to be
used and their gross dimensions
to assure conformity with approved
space utilization standards and
the institution's approved programs
and role and scope:
(B) the requirement of
approval for new construction
financed from other than appropriated
funds applies only to projects
the total cost of which is in
excess of $100,000;
(C) the requirement of
approval for major repair and
rehabilitation of buildings and
facilitiee applies only to projects
the total cost of which is in
excess of $25,000; and
(D) the requirement of
approval or disapproval by the
board does not apply to any new
construction or major repair and
rehabilitation project that is
specifically approved by the
legislature.
p. 3222
n ^
The Honorable Bevington Reed - page 4 (H-762)
Sub,section(8) specifically provides that when approv-
ing or disapproving new construction projects and repair and
rehabilitation of buildings the Coordinating Board's considera-
tion is limited to two factors. The Board may consider (1)
whether the purpose of the building conforms to the institution's
approved programs, role and scope, and (2) whether the gross
dimensions of the building are consistent with the Board's
space utilization standards and with the inetitution's
approved programs, role and scope. There is no express or
implied authority in subsection (8) for the Coordinating
Board to specifically regulate the expenditure of funds for
construction or rehabilitation projects. Of course, while
the Board may not epecifically regulate the expenditure of
funds, its promulgation of space utilization standards and
determination of an institution's programs, role and scope
will necessarily have an indirect effect on the amount of
funds which will be expended for construction and rehabilitation
of buildings.
Your second question is:
If the response to question Xl is
negative, does the Coordinating Board
have the authority to consider cost as
a factor in its approval or disapproval
of institutional requests for new construction
and/or major repair and rehabilitation
projects?
As in the answer to your first question, subsection (8)
specifically limits the factors the Board may consider in
approving or disapproving construction and rehabilitation
projects, and the factors listed do not include cost.
Therefore, the Board may not utilize a cost consideration
when considering the proposals submitted to it.
p. 3223
The Honorable Bevington Reed - page 5 (H-762)
SUMMARY
The Coordinating Board, Texas College
and University System, does not have the
authority to regulate the expenditure
of construction funds or to consider
cost as a factor in determining
whether to approve or disapprove an
institution's application for the
construction, rehabilitation or repair
of buildings or facilities at instit-
utions of higher education. However,
its promulgation of space utilization
standards and determination of an
institution's program, role and scope
will indirectly affect the amount of
funds expended for construction and
rehabilitation of buildings.
yery truly yours,
Attorney General of Texas
APPROVED:
Opinion Committee
jwb
p, 3224