BBE - BOARD MEMBERS: BOARD MEMBER AUTHORITY

BOARD ACTIONS

Because the Board is a body corporate, members can perform no valid act except as a body at meeting properly convened and conducted. Tovah ISD v. Pecos-Barstow ISD, 466 S.W. 2d 377 (Tex. Civ. App.-San Antonio, 1971, no writ); Buchele v. Woods, 528 S.W. 2d 95 (Tex. Civ. App.-Tyler, 1975, no writ)

RIGHT OF ACCESS

Individual Trustees, in their official capacity as public officers entrusted with managing and governing the district, have an inherent right of access to records maintained by the District, under Board policies for orderly access. Atty. Gen. Op. No. JM-119 (1983); Education Code 11.151; 30.022(d) (See FL)

PROTECTIONS FOR ACTING ON A LEGISLATIVE MEASURE

A board member may not be subject to disciplinary action or a sanction, penalty, disability, or liability for:

1. An action permitted by law that the officer takes in the officer's official capacity regarding a legislative measure;
2. Proposing, endorsing, or expressing support for or opposition to a legislative measure or taking any action permitted by law to support or oppose a legislative measure;
3. The effect of a legislative measure or of a change in law proposed by a legislative measure on any person; or
4. A breach of duty, in connection with the member's practice of or employment in a licensed or regulated profession or occupation, to disclose to any person information, or to obtain a waiver or consent from any person, regarding the officer's actions relating to a legislative measure; or the substance, effects, or potential effects of a legislative measure.

Gov't Code 572.059

BOARD MEMBER IMMUNITIES

The statutory immunity detailed below is in addition to and does not preempt the common law doctrine of official and governmental immunity.

Education Code 22.051(b)

State Law Immunities

A board member is not personally liable for any act that is incident to or within the scope of the duties of the board member's position and that involves the exercise of judgment or discretion.

Education Code 22.0511(a)

Federal Law Immunities

Except as provided in 20 U.S.C. Section 6736(b), no board member shall be liable for harm caused by an act or omission of the board member on behalf of TSBVI if the conditions of the Paul D. Coverdell Teacher Protection Act of 2001 are met.

20 U.S.C. Section 6733, 6736(a) [See also DH]

Adopted: 3/7/80
Amended: 9/27/90, 1/24/97, 1/30/04, 11/19/04
Reviewed: 1/13/92, 1/24/02

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