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February 5, 1975 

The Honorable M. L. Brockette 

Commissioner of Education 

Texas Education Agency 

201 East Eleventh Street 

Austin, Texas 78701 

Dear Dr. Brockette: 

Opinion No. H- 517 

Re: Ability of the 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 of Education 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 in part: 

[The Coordinating Board] shall perform only the 

functions which are enumerated in this chapter 

and which the legislature may assign to it. 

Section 5 of article 4413(32) similarly states: 

No agreement or contract may be entered into 

or performed which will require or permit an 

agency of the State to exceed its constitutional 

or statutory duties and responsibilities . . . . 

It is 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 to perform 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 5 prohibits only those contracts which 

require an agency to perform functions unlike those which it may perform 

under statute or constitutional provision. See Attorney General Opinion 

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M-1253 (1972). 

p. 2331 
The Honorable M. L. Brockette, page 2 (H-517) 

Section 61.070 of the Education Code provides that none of the duties 

or functions of the Central Education Agency are affected by the establishment of the Coordinating Board. Section 11.24(a) of the Education Code 

makes the State Board of Education the State Board for Vocational 

Education. However, in our opinion, these statutes would not invalidate 

an interagency contract so long as the Board of Educatioh retains its 

ultimate responsibility in the discharge of its duties. The statutes contemplate that the Coordinating Board will enter into interagency contracts 

(Education Code, 5 61.067) and that the State Board for Vocational Education and the Coordinating Board will act cooperatively [Education Code, 

§ 5 31. 81 and 61. 051(f)]. 

“[The Coordinating Board] shall represent the highest authority in the 

state in matters of public 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 of teaching excellence (§ 61.057), the supervision of construction and development of 

physical plants ( § 61.058), recommendations as to appropriations (§ 61.059), 

the prescription of a uniform system of reporting and accounting (§ 61.065). 

and the preparation of studies, recommendations, and reports (§ 61.066). 

In our opinion there is no impediment to a contract between the Coordinating Board and the State Board of Education whereby the Coordinating 

Board performs functions of the same type as those within its statutory 

responsibilities, provided that the State Board of Education does not delegate its discretionary authority as the State Board of Vocational 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 of Education whereby the 

p. 2332 
r 

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The Honorable M. L. Brockette, page 3 (H-517) 

Coordinating Board will perform functions of the 

same type as those entrusted to it by statute, provided 

that the State Board of Education retains its ultimate 

responsibil.ity over the State’s technical-vocational 

education program. 

Very truly yours, 

//JOHN L. HILL 

(./ Attorney General of Texas 

APPROVED: 

DAVID M. KENDALL, First Assistant 

Opinion Committee 

p. 2333