Untitled Texas Attorney General Opinion

TWEATI'ORNEYGENERAL OF TEXAS AURTIN. ‘J%XAS 78711 November 8, 1974 The Honorable M. L. Brockette Opinion No. H- 446 Commissioner of Education Texas Education Agency Re: Validity of contrac,t between State Board of The Honorable Bevington Reed Education and Coordinating Commissioner of Higher Education Board for coordination of Coordinating Board post-secondary technical- Texas College and University System vocational education and Austin, Texas related questions. You have requested our opinion concerning the authority of the State Board of Education and the Coordinattng Board, Texas College and University System, to enter into an interagency agreement regarding the administration of technical-vocational programs in post-secondary insti- tutions. Section 61,067, Texas Education Code, specifically allows the Coor- dinating Board to “contract with any other state governmental agency ~ to reduce duplication and a~ehieve better use of personnel and facilities. ” However the Coordinating Board “shall perform only the functions which are enumerated 0 0 D [by statute].” See, 61. 021,, Texas Education Code. General authority fey interagency agreements is granted by Art. 4413(32), V. T. C. S. s the Interagency Cooperation Act, Section 4 of this act requires advance approval,of the agreement or contract by the Board of Control. The considerations to be passed on by the BoaPd of Control are set out i.n Section 5, which provides: No agreement or contract may be entered into or performed which wiP1 requi.re or permit an agency of the State to exceed its constitutional or statutory duties and responsibilities, or the Iimitations of its appropri- ated funds. In reviewing proposed agreements or po 2056 The Honorable MiI. L. Brockette The Honorable Bevington Reed, page 2 (H-446) contracts of the character described in this Act, the Board of Control is authorized and directed to consider the foll.owing factors, which shall not be construed to be excl.usive: (a) Whether the services specified are necessary and essential for activities and work that are properly within the statutory f-unctions and programs of the affected agencies of the State Government: It is our opinion that since review of the validity of a proposed inter- agency agreement or contract is withi,n the statutory responsibility of the Board of Control, your questions concerning a particular proposal should be addressed initially to that office. -See Attorney General Opinion H-407 (1974). SUM~MARY Questions concerning the validity of a proposed interagency agreement should be submitted initially to the Board of Control for its determination. Very truly yours, JOHN L. HILL Attorney General of Texas h%aLM DAVID M. KENDALL, Chairman Opinion Committee pe 2057