Texas Attorney General Opinion: M-652 Page: 3 of 6
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Hon. Manuel DeBusk, page 3
805 (1932); Cornette v. Aldridge, 408 S.W.2d 935 (Tex.Civ.
App. 1966, mandamus overruled).- The scope of the authority of
the Coordinating Board and the role which it is intended to
perform in the scheme which the Legislature has provided for the
management and control of public senior colleges and universities
must be determined from the provisions of Article 2919e-2.
Section 1 of Article 2919e-2 states that the purpose
of the act is:
". . . to establish in the field of public
higher education in the State of Texas an agency
to provide leadership and coordination for the
Texas higher education system, institutions and
governing boards, to the end that the State of
Texas may achieve excellence for college edu-
cation of its youth through the efficient and
effective utilization and concentration of all
available resources and the elimination of
costly duplication in program offerings, facul-
ties and physical plants."
The extent to which the Coordinating Board may act
in carrying out this purpose has been specified by the Legis-
lature in Section 3 of Article 2919e-2 which reads as follows:
"There is hereby established the Coordi-
nating Board, Texas College and University
System which shall have its office in Austin,
Texas. It shall perform only such functions
as are herein enumerated and as the Legislature
may assign to it. Functions. vested in the
governing boards of. the respective institutions
of higher education, not specifically delegated
to the Board, shall be performed by such boards.
The coordinating functions and other duties
delegated to the Board in this Act shall apply
to all public institutions of higher education."
(Emphasis added.)
From the language of this section it is clear that
(I) the Coordinating Board may perform only those functions
enumerated in the act, and (2) the authority of governing
boards of institutions of higher education are supplanted
only to the extent that there has been a specific delegation
of such power to the Coordinating Board. we take this as a
definitive declaration by the Legislature that the Coordinating-3125-
(M-652)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-652, text, June 19, 1970; (https://texashistory.unt.edu/ark:/67531/metapth269878/m1/3/?q=Lamar+University: accessed June 2, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.