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Actual Authority Required
UT System is a state agency
Actual authority is required to bind a state agency
A state agency cannot legally perform obligations that are
agreed to by representatives who do not have actual
authority to bind the agency
At UT System actual authority is granted through written
delegations of authority from the Board of Regents
Officers and employees of UT System must know whether
they have actual delegated authority to act on behalf of UT
System
(Section 1.6, Rule 10501 of the Regents’ Rules)
Primary Legal Bases for Delegation
of Authority to Sign Contracts
Sections 65.31 and 65.34, Education Code
Rule 10501 of the Regents’ Rules and
Regulations
Two Categories of Delegation
Primary Delegation
Secondary Delegation
Primary Delegation of Authority
• A primary delegate receives authority to sign
contracts directly from the Board
• The Board delegates primary authority through
the Regents’ Rules
• The Board may also delegate primary authority
through minute orders
Examples of Primary Delegation
T h e B o a r d o f R e g e n t s
o f
T h e U n iv e r s i t y o f T e x a s S y s t e m
C h a n c e l l o r E x e c u t i v e V i c e C h a n c e l l o r V i c e C h a n c e l l o r P r e s id e n ts
f o r B u s i n e s s A f f a i r s a n d G e n e r a l C o u n s e l
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