. 

The Honorable Bevington Reed 

Commissioner 

Coordinating Board 

Texas College and 

University Syetem 

P. 0. Box 12788, Capitol Station 

Austin, Texas 78711 

Opinion NO. B-762 

Re: Authority of the 

Coordinating Board, Texas 

College and University 

System, to control the 

cost of conetruction 

program8 undertaken by 

public colleges and 

universitie8. 

Dear Dr. Reed: 

You have asked us: 

Does the Coordinating Board, Texas 

College and University System have 

the authority and the obligation 

under [Education Code] Section 61.058, 

as amended by Senate Bill 706, 64th 

Texas Legislature, 1975, to regulate 

the expenditure of funds in dealing 

with construction and rehabilitation 

projects in institutions of higher 

education? 

You explain that "[tlhe term 'regulate' in this question 

refers to guiding the relationship of dollare to facilities 

space toward an efficient ratio as determined by Coordinating 

Board deliberation on each project." 

Section 61.058 of the Texas Educaton Code, as amended 

[Acts 1975, 64th Leg.., ch. 676, p. 20551 reads (emphasis 

added): 

p. 3220 
The Honorable Bevington Reed - page 2 (H-762) 

Sec. 61.058. Construction Funds 

and Development of Physical Plants 

To assure efficient use of 

constKc=unde and therxrly 

development omeical plants to 

accommodate projected college student 

enrollments, the board shall: 

(1) determine formulas for 

space utilization in all educational 

and general buildings and facilities 

at institutions of higher education; 

(2) devise and promulgate 

methods to assure maximum daily and 

year-round use of educational and 

general buildings and facilities, 

including but not limited to maximum 

scheduling of day and night classes 

and maximum summer school enrollment: 

(3) consider plans for selective 

standards of admission when institutions 

of higher education approach capacity 

enrollment: 

(4) require, and assist the 

public senior colleges and universities, 

medical and dental units, and other 

agencies of higher education in 

developing, long-range plane for 

campus development; 

(5) endorse, or delay until the 

next succeeding session of the legislature 

has the opportunity to approve or 

disapprove, the proposed purchase of 

any real property by an institution 

of higher education, except a public 

junior college: 

rules(6) develop and publish standards, 

and regulations to guide the 

instiiutions and agencies of higher 

education in making application for 

the approval of new construction and 

major repair and rehabilitation of 

all buildings and facilities regardless 

of proposed use: 

p. 3221 
” . 

The Honorable Bevington Reed - page 3 (H-762) 

(7) ascertain that the standards 

and specifications for new construction, 

repair, and rehabilitation of all 

buildings and facilities are in accordance 

with Chapter 324, Acts of the 61et 

Legislature, Regular Session 1969, as 

amended (Article 678(g) Vernon's Texas 

Civil Statutes); and 

(8) approve or disapprove all 

new construction and repair and rehabilitation of all new buildings and 

facilities at inetitutione of higher 

education financed from any source 

other than ad valorem tax receipts of 

the public junior colleges, provided 

that: 

(A) the board's consideration 

and determination shall be limited 

to the purpose for which the new 

or remodeled buildings are to be 

used and their gross dimensions 

to assure conformity with approved 

space utilization standards and 

the institution's approved programs 

and role and scope: 

(B) the requirement of 

approval for new construction 

financed from other than appropriated 

funds applies only to projects 

the total cost of which is in 

excess of $100,000; 

(C) the requirement of 

approval for major repair and 

rehabilitation of buildings and 

facilitiee applies only to projects 

the total cost of which is in 

excess of $25,000; and 

(D) the requirement of 

approval or disapproval by the 

board does not apply to any new 

construction or major repair and 

rehabilitation project that is 

specifically approved by the 

legislature. 

p. 3222 
n ^ 

The Honorable Bevington Reed - page 4 (H-762) 

Sub,section (8) specifically provides that when approving or disapproving new construction projects and repair and 

rehabilitation of buildings the Coordinating Board's consideration is limited to two factors. The Board may consider (1) 

whether the purpose of the building conforms to the institution's 

approved programs, role and scope, and (2) whether the gross 

dimensions of the building are consistent with the Board's 

space utilization standards and with the inetitution's 

approved programs, role and scope. There is no express or 

implied authority in subsection (8) for the Coordinating 

Board to specifically regulate the expenditure of funds for 

construction or rehabilitation projects. Of course, while 

the Board may not epecifically regulate the expenditure of 

funds, its promulgation of space utilization standards and 

determination of an institution's programs, role and scope 

will necessarily have an indirect effect on the amount of 

funds which will be expended for construction and rehabilitation 

of buildings. 

Your second question is: 

If the response to question Xl is 

negative, does the Coordinating Board 

have the authority to consider cost as 

a factor in its approval or disapproval 

of institutional requests for new construction 

and/or major repair and rehabilitation 

projects? 

As in the answer to your first question, subsection (8) 

specifically limits the factors the Board may consider in 

approving or disapproving construction and rehabilitation 

projects, and the factors listed do not include cost. 

Therefore, the Board may not utilize a cost consideration 

when considering the proposals submitted to it. 

p. 3223 
The Honorable Bevington Reed - page 5 (H-762) 

SUMMARY 

The Coordinating Board, Texas College 

and University System, does not have the 

authority to regulate the expenditure 

of construction funds or to consider 

cost as a factor in determining 

whether to approve or disapprove an 

institution's application for the 

construction, rehabilitation or repair 

of buildings or facilities at institutions of higher education. However, 

its promulgation of space utilization 

standards and determination of an 

institution's program, role and scope 

will indirectly affect the amount of 

funds expended for construction and 

rehabilitation of buildings. 

yery truly yours, 

Attorney General of Texas 

APPROVED: 

Opinion Committee 

jwb 

p, 3224