October 16, 1969 

Honorable Ray A. 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 the govern'ing 

board of a junior college 

district. 

By your recent letter to this office you have requested 

an opinion on the following: 

II . . . . Whether the governing board of a public 

junior college district is empowered to adopt a 

resolution, as provided by Subsection (h) Section 

51.072 of Subchapter E of House Bill NO. 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 a quorum of said governing board, rather than by 

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 Ray A. Fowler, page 2 (M-491) 

You have further informed this office that the junior 

college board that prompted the question was a junior college 

formed with 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 operation was vested in a separate board of trustees. 

Upon the formation of a Junior College District, the Board 

of Trustees are governed by Article 281511, Section 5, Vernon's 

Civil Statutes, which provides: 

"The Board 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 law governing the board of trustees of independent school districts is found in Article 2779, Vernon's Civil 

Statutes, which provides: 

"Said trustees shall meet within twenty days 

after the election, or as soon thereafter as 

possible, for the purpose of organizing. & majority 

of said board shall constitute a quorum to do business 

. . . ' (Emphasis added.) 

In accordance with Section 51.072(h), H.B. 534, Acts 61st 

Legislature, R.S. 1969, Ch. 889, p. 2709 (Texas Education Code), 

a junior college board of trustees has passed a resolution 

electing to be governed under the provisions of Article 2279, 

V.C.S., in carrying on its business. 

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 Ray A. Fowler. Page 3 (M-491) 

Section 51.071 of the Code does not change the board of 

a junior college district which is managed by, or is under the 

management of, a governing 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 or passed 

by the board and the affirmative vote of a 

majority of all members of the board shall be required to adopt or pass a resolution or order, 

and the board shall adopt such rules, regulations, 

and bylaws as it deems advisable, not inconsistent 

with this section." (Emphasis added.) 

Section 51.072(h) of the Code provides: 

"Notwithstanding anything in this code to 

the contrary, the provisions of all or any part 

of the laws of this state in effect immediately 

prior to the effective date of this act and relatinq to the name of any junior college district 

or the name of its qoverninq board, or to the 

number of members of its qoverninq board, or the 

procedures and times of electinq or choosinq said 

members, shall remain in effect under the following 

conditions. If, at any time before the effective 

date of this act (but not thereafter), the governing 

board of any junior college district shall specify 

by resolution or order the particular provisions of 

the aforesaid laws applicable to it which it desires 

to remain in effect, then such particular provisions 

shall continue to apply to,said board and its district: provided that at any time thereafter the 

governing board may make this section in its entirety 

- 2342- 
Honorable Ray A. Fowler, page 4 (M-491) 

applicable to it and its district 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 and University 

System." (Emphasis added.) 

By ,complying with the provisions of Section 51.072(h), 

supra, junior college districts were authorized to pass resolutions relating only to the name of the college, the name of the 

governing board, and the procedure and time for electing its 

members. We find no provision whereby the board of trustees 

of a junior college district, operating under the provision 

of Section 51.072, supra, may elect to operate under a former 

statute relating to the number of votes necessary to adopt 

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 

and managed by independent school district boards, must be 

by the affirmative vote of a majority of all members of the 

board. 

SUMMARY 

Resolutions of junior college district 

board of trustees operating under the provisions of Section 51.072, Texas Education 

Code, must be adopted by the affirmative 

vote of a majority of all members of the 

board. 

Very(truly yours, 

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. * 

Honorable Ray A. 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 

Ivan Williams 

Neil Williams 

MEADE F. GRIFFIN 

Staff Legal Assistant 

HAWTHORNE PHILLIPS 

Executive Assistant 

NOLA WHITE 

First Assistant 

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