October 16, 1969

Honorable RayA. Fowler, Secretary Coordinating Board Texas College and University **System Sam**  Houston Office Building Austin, Texas Opinion No. M-491

Dear Mr. Fowler: Re: Construction of Section 5,1.072(hJ,T

exas Education Code, concerning adoption of resolutions by thegovern'ing board ofa junior college district.

Byyour recent letter to this office you have requested an opinion on the following:

II

.... Whether the governing board of apublic junior college district isempowered to adopt a resolution, as provided by Subsection (h)Section 51.072 of Subchapter E of House BillNO. 534, 61s.t Legislature, Regular Session, 1969, allowing it to continue to act and proceed by resolutions or orders passed by the affirmative **vote** of **a majority**  of aquorum of said governing board, rather thanby the affirmative vote of **a majority**  of **all** members of said governing board, as provided in Subsection (d) of the aforementioned act."



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Honorable RayA. Fowler, page 2 (M-491)

You have further informed this office that the junior college board that prompted the question was a junior college formedwith boundaries coterminous with an independent school district and commonly referred to as a Junior College District, and that after its formation the management, control and operationwas vested ina separate board of trustees. Upon the formation of a Junior College District, theBoard ofTrustees are governed by Article 281511,Section 5,Vernon's Civil Statutes, which provides:

"TheBoard of Trustees of Junior College Districts shall be governed in the establishment, management and control of the Junior College by the General Law governing the establishment, management and control of Independent School Districts, insofar as the General Law is applicable." (Emphasis added.) The general lawgoverning the board of trustees of independent school districts is found inArticle 2779,Vernon's Civil Statutes, which provides:

"Said trustees shall meet within twenty days after the election, or as soon thereafter as possible, for thepurpose of organizing. & majority of said board shall constitute a quorum todobusiness

...' (Emphasisadded.)
Inaccordance with Section 51.072(h), H.B. 534,Acts 61st Legislature, R.S. 1969, Ch. 889,p. 2709 (TexasEducation Code), a junior college board of trustees has passed a resolution electing tobe governed under the provisions ofArticle 2279, V.C.S., incarrying on itsbusiness. The Texas Education Code provides for the governing boards of junior college districts and also enumerates the authority of these boards. Subchapter E of House Bill 534, supra.

-2341-Honorable RayA. Fowler. Page 3 (M-491)

Section 51.071 of the Code does not change theboard of a junior college district which ismanaged by, or isunder the management of, agoverning board of an independent school district or a city school district. Section 51.072(a) of the Code provides for the governing bodies and also enumerates the authority of junior college district boards other than those covered by Section 51.071. Section 51.072(d) of the Code provides: II

... Said board shall act and proceed by and through resolutions or orders adopted orpassed by theboard and the affirmative vote of a majority of all members of the board shall be required to adopt orpass a resolution or order, and theboard shall adopt such rules, regulations, and bylaws as itdeems advisable, not inconsistent with this section." (Emphasis added.) Section 51.072(h) of the Code provides: "Notwithstanding anything in this code to the contrary, theprovisions of all or any part of the laws of this state ineffect immediately prior to the effective date of this act and relatinq to the name of any junior college district or the name of itsqoverninq board, or to the number ofmembers of itsqoverninq board, or the procedures and times of electinq or choosinq said members, shall remain ineffect under the following conditions. If, at any time before the effective date of this act (butnot thereafter), the governing board of any junior college district shall specify by resolution or order the particular provisions of the aforesaid laws applicable to itwhich itdesires to remain ineffect, then such particular provisions shall continue to apply to,said board and itsdistrict: provided that at any time thereafter the governing board may make this section in its entirety

-2342-Honorable RayA. Fowler, page 4 (M-491)
applicable to itand itsdistrict by appropriate resolution or order, and thereby permanently cancel the effect of the aforesaid particular provisions of other laws. All resolutions and orders permitted by this section shall be filed immediately with the Coordinating Board, Texas College andUniversity System." (Emphasis added.) By ,complyingwith theprovisions of Section 51.072(h), supra, junior college districts were authorized topass resolutions relating only to the name of the college, the name of the governing board, and theprocedure and time for electing its members. We find no provision whereby theboard of trustees of a junior college district, operating under theprovision of Section 51.072, supra, may elect to operate under a former statute relating to thenumber ofvotes necessary toadopt resolutions. This matter falls clearly within the purview of Section 51.072(d), supra. From a careful analysis of the above statutes it is the opinion of this office that resolutions passed by junior college district board of trustees, other than those governed andmanaged by independent school district boards, must be by the affirmative vote of amajority of all members of the board. SUMMARY

Resolutions of junior college district board of trustees operating under theprovisions of Section 51.072, Texas Education Code, must be adopted by the affirmative **vote** of **a majority**  of allmembers of the board. Very(truly yours,

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Honorable RayA. Fowler, page 5 (M-491)

Prepared by Gordon C. Cass Assistant Attorney General
APPROVED: OPINION COMMITTEE
Kerns Taylor, Chairman George Kelton, Vice-Chairman Ray McGregor David Longoria IvanWilliams Neil Williams
MEADE F. GRIFFIN Staff Legal Assistant
HAWTHORNE PHILLIPS Executive Assistant
NOLAWHITE First Assistant

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