2. Responsibilities, Powers and Duties
B.2.01 - Powers Reserved:
All authority not vested by the laws of the state in the Coordinating Board or in the Central Education Agency shall be reserved and retained locally in the College System or in the Board, as provided by applicable law – Education Code, Sec. 130.002.
B.2.02 - Responsibilities:
The Board, being composed of lay members, shall exercise the traditional and time-honored role as it has evolved in the United States, and shall constitute the keystone of the governance structure. In this regard, the Board:
a. Is expected to preserve institutional independence and to defend its right to manage its own affairs through its chosen administrators and employees.
b. Shall enhance the public image of the College(s) under its governance.
c. Shall interpret the community to the campus and interpret the campus to the community.
d. Shall nurture the College(s) under its governance to the end that it achieves its full potential within its role and mission.
e. Shall insist on clarity of focus and mission of the College(s) under its governance.
B.2.03 - Powers and Duties:
The Board shall have specific powers and duties imposed by statutes of the State. The Board has the legal power and duty to:
a. Govern -
Be governed in the establishment, management, and control of the System by the general laws governing the establishment, management and control of public community colleges insofar as the general law is applicable.
Have the exclusive power and duty to govern and oversee the management of the System.
b. Set and collect tuition and fees –
Set and collect any amount of tuition, rentals, rates, charges, or fees the Board considers necessary for the efficient operation of the System, within the requirements of Section 54.051(n) of the Education Code. The Board may set a different tuition rate for each program, course, or course level offered by the System, including a program, course, or course level to which a provision of Section 54.051 applies, as the Board considers appropriate to reflect course costs or to promote efficiency or another rational purpose.
c. Provide Direction -
Provide policy direction for the System and adopt such rules, regulations and bylaws as the Board deems advisable.
d. Establish Goals -
Establish goals consistent with the System’s role and mission.
e. Levy Taxes -
Levy and collect taxes and issue bonds.
f. Assess and Collect Taxes -
Provide for assessing and collecting of taxes.
g. Adopt Annual Budget -
The Board shall approve an itemized current operating budget on or before September 1 of each year.
h. Conduct Annual Audit -
Have the accounts audited in accordance with the approved financial reporting system.
i. Submit Annual Reports -
Submit the required annual reports to the Governor, Comptroller, State Treasurer, State Auditor, and Legislative Budget Board.
j. Receive Bequests and Gifts -
Receive bequests and donations or other monies or funds coming legally into their hands.
k. Establish Endowment Fund -
Establish an endowment fund outside the state treasury in a depository selected by the Board.
l. Select Depository -
Select a depository for the System Funds.
m. Order Elections -
Order elections as required by law.
n. Exercise Eminent Domain -
Exercise the right of eminent domain to acquire property.
o. Appoint Chancellor -
Appoint the Chancellor, evaluate the Chancellor, and assist the Chancellor in the achievement of performance goals.
Give public notice of the name or names of the finalists being considered for the position of Chancellor at least 21 days prior to the meeting at which final action or vote is to be taken on the employment of the individual.
p. Employ Personnel -
Appoint or employ agents, employees, and officials as deemed necessary or advisable to carry out any power, duty, or function of the Board; employ a dean, or other administrative officer; upon the Chancellor’s recommendation, employ faculty and other employees of the System.
q. Pass Resolutions or Orders -
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.
r. Fix and Collect Rentals, Rates and Charges -
Be authorized to fix and collect rentals, rates, charges or fees, including student union fees from students and others for the occupancy, use or availability of all or any of its property, buildings, structures, activities, operations or facilities, of any nature, in such amounts and in such manner as may be determined by the Board.
s. Acquire Property -
May acquire and hold real and personal property, and dispose of property that is no longer necessary for the operation of the System, in any appropriate manner.
t. Hold title to Property -
Hold all rights and title to the property of the System, whether real or personal.
u. Lease Property -
Execute, perform and make payments under contracts, which may include leases, leases with option(s) to purchase, or installment purchases 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.
v. Retain Real Estate Broker -
Employ, retain, contract with or compensate a licensed real estate broker or salesperson for assistance in the acquisition or sale of real property.
w. Sue
Sue or be sued.
x. Communicate with Coordinating Board -
Ensure that its formal position on matters of importance to the System is made clear to the Coordinating Board, when such matters are under consideration by the Coordinating Board.
y. Set Admissions Standards -
Set campus admission standards consistent with the role and mission of the System, and considering admission standards nationwide, having a similar role and mission, as determined by the Coordinating Board.
B.2.04 - Taxing Authority:
a. Appraisal -
Appraisal of taxable property in the System shall be conducted by the countywide appraisal district.
b. Assessment and Collection -
Taxes may be assessed and/or collected by the tax assessor-collector for a county, city, taxing district or other governmental subdivision in which all or any part of the System is located. Tax assessors and tax collectors shall receive compensation in an amount agreed to, but not to exceed two (2) percent of the ad valorem taxes assessed.
The System shall have its taxes assessed by and collected by the Harris County Assessor and Collector of Taxes, and the Montgomery County Assessor and Collector of Taxes.
c. Professional Requirements -
The tax assessor-collector and staff of the political subdivision that assesses and/or collects the System’s taxes shall comply with requirements of the Property Taxation Professional Certification Act.
d. Limit on Contracting -
The System may not enter into a contract relating to the performance of an activity governed by Title 1 of the Tax Code (i.e., the Property Tax Code) with a member of the Board of Directors of the appraisal district or districts in which the System participates, or with a business entity in which a member of the appraisal board has a substantial interest.
An individual has a “substantial interest” in a business entity if the combined ownership of the individual and the individual’s spouse is at least ten (10) percent of the voting stock or share of the business entity, or the individual or the individual’s spouse is a partner, limited partner or officer of the business entity.
“Business Entity” means a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust or other entity recognized by law.
B.2.05 - Board Authority:
Because the Board is a body corporate, members can perform no valid act except as a body, at meetings properly convened and conducted.
Each Board member shall have the legal responsibility of a fiduciary in the management of funds under the control of the System, subject to the Board’s control and management.
The Board has final authority to determine and interpret the policies that govern the System and, within the limits imposed by other legal authorities, has complete and full control of the System.
B.2.06 - Transacting Business:
Official Board action shall be taken only in meetings that comply with the Texas Open Meetings Act. The affirmative vote of a majority of all Board members shall be required to transact business. (See “Board Meetings”, below). Each action of the Board, supported by the majority, is binding on the whole Board.
B.2.07 - Individual Board Member Authority:
A Board member, as an individual, shall have no authority over the System, its property, or its employees. However, as noted by the Attorney General in Opinion No. JM-119 (1983), individual Board members retain the right to seek information from System records and employees, without specific Board authorization, so long as they follow any relevant Board policies in seeking that information.
Each Individual Board member, in his or her official capacity as a public officer entrusted with governing and overseeing the management of the System, has an inherent right of access to records maintained by the System, under Board policies for orderly access.
An individual Board member may act on behalf of the Board only with the official authorization of the Board. Without such express authorization, no individual member may commit the board on any issue. No individual member of the Board may exercise authority with respect to the operation of the System or services of System employees by virtue of their status as a Board member.
If a citizen brings a complaint to an individual Board members, he or she shall refer the complainant to the Chancellor or designee, who shall proceed according to appropriate Board policy.
B.2.08 - Staff Authority:
Except as authorized by these policies, no employee or agent shall have the authority to bind the System contractually.