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February 5, 1975
The Honorable M. L. Brockette Commissioner ofEducation Texas Education Agency 201 East Eleventh Street Austin, Texas 78701 Dear Dr. Brockette: Opinion No. H- 517 Re: Ability ofthe Coordinating

Board to contract with the Texas Education Agency

You have asked whether the Coordinating Board may enter into an interagency contract with the State Board ofEducation concerning technicalvocational education in public higher education, or whether such a contract would neceaearily be impermissible under the Interagency Cooperation Act, article 4413(32), V. T. C.S., and section 61.021, Education Code. No particular contract has yet been prepared. Section 61.021 provides inpart: [The Coordinating Board] shall perform only the functions which are enumerated in this chapter andwhich the legislature may assign to it. Section 5ofarticle 4413(32) similarly states: No agreement or contract may be entered into or performed which will require or permit an agency ofthe State to exceed its constitutional or statutory duties and responsibilities
. . . . Itis our understanding that the Board of Control, the agency charged with administering article 4413(32), has interpreted the Act to allow those contracts which require a particular agency toperform only functions of the same type as those entrusted to the agency by statute or constitutional provision. It is our opinion that this is the correct construction of article 4413(32) and that section 5prohibits only those contracts which require an agency to perform functions unlike those which itmay perform under statute or constitutional provision. See Attorney General Opinion - M-1253 (1972). p. 2331The Honorable M. L. Brockette, page 2 (H-517)

Section 61.070 ofthe Education Code provides that none ofthe duties or functions ofthe Central Education Agency are affected bythe establishment ofthe Coordinating Board. Section 11.24(a) ofthe Education Code makes the State Board ofEducation the State Board for Vocational Education. However, in our opinion, these statutes would not invalidate an interagency contract so long as the Board ofEducatioh retains its ultimate responsibility in the discharge ofits duties. The statutes contemplate that the Coordinating Board will enter into interagency contracts (Education Code, 561.067) and that the State Board for Vocational Education and the Coordinating Board will act cooperatively [Education Code, §531.81and 61.051(f)].

“[The Coordinating Board] shall represent the highest authority in the state inmatters ofpublic higher education. ” Education Code, $61.051(a). Pursuant to this responsibility, the Board performs such functions as program and course review [§‘61;051(f)], the promotion ofteaching excellence (§61.057), the supervision of construction and development of physical plants (§61.058), recommendations as to appropriations (§61.059), the prescription ofauniform system of reporting and accounting (§61.065). and the preparation of studies, recommendations, and reports (§61.066). In our opinion there is noimpediment to a contract between the Coordinating Board and the State Board ofEducation whereby the Coordinating Board performs functions ofthe same type as those within its statutory responsibilities, provided that the State Board ofEducation does not delegate its discretionary authority as the State Board ofVocational Education and retains its ultimate responsibility over the State’s technical and vocational education programs. Attorney General Opinion M-1253 (1972). Any specific contract will be subject to approval by the Board of Control. Attorney General Opinion H-446 (1974). SUMMARY The Coordinating Board may enter an interagency contract with the State Board ofEducation whereby the

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The Honorable M. L. Brockette, page 3 (H-517)
Coordinating Board will perform functions ofthe same type as those entrusted to it by statute, provided that the State Board ofEducation retains its ultimate responsibil.ity over the State’s technical-vocational education program. Very truly yours,

//JOHN L. HILL (./ Attorney General ofTexas APPROVED:

DAVID M. KENDALL, First Assistant

Opinion Committee

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