BAB. Duties of the Board (BL)
BAB. Specific Duties of the Board
The Board shall have specific powers and duties imposed by statutes of the state. The Board has the legal power and duty to:
- Exercise the exclusive power to govern and oversee the management of the College District. Education Code 11.151(b)
- Provide policy direction for the College District and adopt such rules, regulations and bylaws as the Board deems advisable. Education Code 51.252(b), 130.082(d)
- Levy and collect taxes and issue bonds. Education Code 130.121(a), 130.122(q)
- Approve an itemized current operating budget on or before September 1 of each year. 19 TAC 13.42
- Have the accounts of the College District audited in accordance with the approved financial accounting system. Education Code 61.065
- Submit required annual reports to the governor, comptroller, Legislative Budget Board or other state authority as requested or required by law. Gov’t Code 403.013
- Receive bequests and donations or other monies or funds or property on behalf of the institution. Education Code 11.1519(a)
- Select a depository for College District funds. Education Code Ch 45, Subch. G
- Establish an endowment fund outside the state treasury in a depository selected by the Board. Education Code 130.007
- Act as a fiduciary in the management of funds under the control of institutions subject to the Board’s control and management. Education Code 51.352(e)
- Order elections as required by law. Education Code 130.82(f), 130.122(b)
- Exercise the right of eminent domain to acquire property. Education Code 11.155, 130.084, Atty. Gen. Op. M-700 (1970)
- Appoint or employ agents, employees and officials as deemed necessary or advisable to carry out any power, duty or function of the Board or as recommended by the College President; employ a dean, or other administrative officer; upon the College President’s recommendation, employ faculty and other employees of the College District and approve their salaries and terms of office. Education Code 130.082
- Proceed by and through resolutions or orders adopted or passed by the Board. The affirmative vote of a majority of all Board members shall be required to adopt or pass a resolution or order. Education Code 130.082(d)
- Pass upon architect’s plans for buildings that have been authorized by the Board and upon the recommendation of the College President.
- Establish general admission standards and policies consistent with the role and mission of the College District upon the recommendation of the administration. Education Code 51.352(d)
- Set and approve tuition and fees in accordance with statutory requirements.
- Fix and collect rentals, rates, charges, or fees from students and others for the occupancy, use or availability of all or any of its property, buildings, structures, activities, operations, or facilities, in such amounts and in such manner as may be determined by the Board. Education Code 130.123(c)
- May acquire and hold real and personal property. Education Code 11.151(a), 130.084; Local Gov’t Code 271.004
- Execute, perform and make payments under contracts, which may include leases, lease with option(s) to purchase, or installment purchase, with any person for the use, acquisition, or purchase of any personal property, or the financing thereof. The contracts shall be on terms and conditions that are deemed appropriate by the Board in accordance with state law. Local Gov’t Code 271.005.
- Act as a body of final appeal for college personnel and the public in cases that may be appealed from the decision of the College President.
- Sue and be sued. Education Code 11.151(a); 130.084
- Fill vacancies on the Board created by death or resignation in accordance with laws of the State of Texas. Education Code 130.0822(i)
- Hold all rights and titles to the College District properties, whether real or personal. Education Code 11.151(c), 130.084
The Board possesses and exercises its authority and duties as a collective body. Unless specifically authorized by prior action of the Board, no individual member may speak, obligate or exercise authority in the name of the Board.
The Board functions within the framework of laws, court decisions, attorney general’s opinions, and similar mandates and restrictions from external sources. It performs its responsibilities and functions as specified by applicable laws and regulations.
Date Issued: March 10, 2005
Revision Issued: November 15, 2012Approved: Board of Regents