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
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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
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