81R620 KSD-D
By: Rose H.B. No. 712
A BILL TO BE ENTITLED
AN ACT
relating to student members of the board of regents of a state
university system or a state university.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 51.355, Education Code,
is amended to read as follows:
Sec. 51.355. [NONVOTING] STUDENT REGENT; UNIVERSITY SYSTEM
BOARD OF REGENTS.
SECTION 2. Section 51.355, Education Code, is amended by
amending Subsections (c), (d-1), (e), and (i) and adding
Subsections (e-1), (e-2), and (j) to read as follows:
(c) Except as provided by Subsection (f), not later than
November 1 of each year, the student government of each general
academic teaching institution and medical and dental unit in a
university system shall solicit applicants for appointment to the
next regular term of the position of student regent. Not later
than December [January] 1, from among the applications received by
the student government, the student government shall select five
applicants as the student government's recommendations for the
position of student regent and send the applications of those
applicants to the chancellor of the university system. From among
those applicants, the chancellor shall select two or more
applicants as the university system's recommendations for the
position of student regent and shall send the applications of those
applicants to the governor not later than January [February]
1. The governor may request to review all applications for the
position of student regent received by the student governments and
may request an applicant to submit additional information to the
governor. Not later than February 1 [On June 1, or as soon
thereafter as practicable], the governor with the advice and
consent of the senate shall appoint one of the applicants to serve
as the student regent for the system for a one-year term expiring on
the next February 1 [May 31]. The governor is not required to
appoint an applicant recommended by the chancellor.
(d-1) Throughout a student regent's term, the student
regent must maintain a grade point average of at least 3.0 [2.5] on
a four-point scale. The president of the institution in which the
student regent is enrolled shall notify the governor if the student
regent fails to maintain the qualifications required by this
section.
(e) A student regent has the same powers and duties,
including voting privileges, as the other members of the board of
regents on which the student regent serves.
(e-1) This subsection applies only to a student regent
appointed for a term expiring on or before February 1, 2011.
Subsection (e) does not apply to a student regent to whom this
subsection applies. A student regent is not a member of the board
of regents of the system for which the student regent is appointed.
A student regent has the same powers and duties as the members of
the board of regents of the system, including the right to attend
and participate in meetings of the board of regents, except that the
student regent:
(1) may not vote on any matter before the board or make
or second any motion before the board; and
(2) is not counted in determining whether a quorum
exists for a meeting of the board or in determining the outcome of
any vote of the board.
(e-2) Subsection (e-1) and this subsection expire September
1, 2012.
(i) A student regent serves without compensation but is
entitled to be reimbursed for the actual expenses incurred by the
student regent in attending the meetings of the board of regents,
subject to the approval of the chairman of the board of regents.
This subsection applies only to a student regent appointed for a
term expiring on or before February 1, 2011. This subsection
expires September 1, 2012.
(j) If the one-year term of a student regent is held by a
final judgment of a court to violate Section 30a, Article XVI, Texas
Constitution, the student regent holds office for a term of six
years that expires in the same year in which the terms of two of the
other members of the board of regents expire. This subsection
applies only to the term of a student regent expiring on or after
February 1, 2012.
SECTION 3. The heading to Section 51.356, Education Code,
is amended to read as follows:
Sec. 51.356. [NONVOTING] STUDENT REGENT; INSTITUTION BOARD
OF REGENTS.
SECTION 4. Section 51.356, Education Code, is amended by
amending Subsections (d), (e-1), (f), and (i) and adding
Subsections (f-1), (f-2), and (j) to read as follows:
(d) Not later than November 1 of each year, the student
government of the general academic teaching institution shall
solicit applicants for appointment to the next regular term of the
position of student regent. Not later than December [January] 1,
from among the applications received by the student government, the
student government shall select five applicants as the student
government's recommendations for the position of student regent and
send the applications of those applicants to the president of the
institution. From among those applicants, the president shall
select two or more applicants as the institution's recommendations
for the position of student regent and shall send the applications
of those applicants to the governor not later than January
[February] 1. The governor may request to review all applications
for the position of student regent received by the student
government and may request an applicant to submit additional
information to the governor. Not later than February 1 [On June 1,
or as soon thereafter as practicable], the governor with the advice
and consent of the senate shall appoint one of the applicants to
serve as the student regent for the institution for a one-year term
expiring on the next February 1 [May 31]. The governor is not
required to appoint an applicant recommended by the president.
(e-1) Throughout a student regent's term, the student
regent must maintain a grade point average of at least 3.0 [2.5] on
a four-point scale. The president of the institution in which the
student regent is enrolled shall notify the governor if the student
regent fails to maintain the qualifications required by this
section.
(f) A student regent has the same powers and duties,
including voting privileges, as the other members of the board of
regents on which the student regent serves.
(f-1) This subsection applies only to a student regent
appointed for a term expiring on or before February 1, 2011.
Subsection (f) does not apply to a student regent to whom this
subsection applies. A student regent is not a member of the board
of regents of the institution for which the student regent is
appointed. A student regent has the same powers and duties as the
members of the board of regents of the institution, including the
right to attend and participate in meetings of the board of regents,
except that the student regent:
(1) may not vote on any matter before the board or make
or second any motion before the board; and
(2) is not counted in determining whether a quorum
exists for a meeting of the board or in determining the outcome of
any vote of the board.
(f-2) Subsection (f-1) and this subsection expire September
1, 2012.
(i) A student regent serves without compensation but is
entitled to be reimbursed for the actual expenses incurred by the
student regent in attending the meetings of the board of regents,
subject to the approval of the chairman of the board of regents.
This subsection applies only to a student regent appointed for a
term expiring on or before February 1, 2011. This subsection
expires September 1, 2012.
(j) If the one-year term of the student regent is held by a
final judgment of a court to violate Section 30a, Article XVI, Texas
Constitution, the student regent holds office for a term of six
years that expires in the same year in which the terms of two of the
other members of the board of regents expire. This subsection
applies only to the term of a student regent expiring on or after
February 1, 2012.
SECTION 5. Sections 65.11 and 65.12, Education Code, are
amended to read as follows:
Sec. 65.11. BOARD OF REGENTS. (a) The government of the
university system is vested in a board of nine regents appointed by
the governor with the advice and consent of the senate.
(b) One of the board members must be a student regent
serving under Section 51.355.
(c) The board may provide for the administration,
organization, and names of the institutions and entities in The
University of Texas System in such a way as will achieve the maximum
operating efficiency of such institutions and entities, provided,
however, that no institution or entity of The University of Texas
System not authorized by specific legislative act to offer a
four-year undergraduate program as of the effective date of this
Act shall offer any such four-year undergraduate program without
prior recommendation and approval by a two-thirds vote of the Texas
Higher Education Coordinating Board and a specific act of the
legislature [Legislature].
Sec. 65.12. QUALIFICATIONS; TERMS. (a) Each member of
the board shall be a qualified voter.
(b) The board[; and the] members other than the student
regent shall be selected from different portions of the state.
(c) The board members other than the student regent hold
office for staggered terms of six years, with the terms of two or
three regents, as applicable, expiring February 1 of odd-numbered
years.
(d) The student regent holds office for a term of one year
expiring February 1, with the term of the initial student regent
expiring February 1, 2012.
SECTION 6. Sections 85.11 and 85.12, Education Code, are
amended to read as follows:
Sec. 85.11. BOARD OF REGENTS. (a) The government of the
university system is vested in a board of nine regents appointed by
the governor with the advice and consent of the senate.
(b) One of the board members must be a student regent
serving under Section 51.355.
Sec. 85.12. QUALIFICATIONS; TERMS. (a) Each member of the
board shall be a qualified voter.
(b) The board[; and the] members other than the student
regent shall be selected from different portions of the state.
(c) The board members other than the student regent hold
office for staggered terms of six years, with the terms of two or
three regents, as applicable, expiring February 1 of odd-numbered
years.
(d) The student regent holds office for a term of one year
expiring February 1, with the term of the initial student regent
expiring February 1, 2012.
SECTION 7. Subchapter A, Chapter 95, Education Code, is
amended by amending Section 95.02 and adding Section 95.022 to read
as follows:
Sec. 95.02. BOARD OF REGENTS [MEMBERS: APPOINTMENT,
QUALIFICATIONS, TERMS]. (a) The board is composed of nine
members appointed by the governor with the advice and consent of the
senate.
(b) One of the board members must be a student regent
serving under Section 51.355 [The members hold office for terms of
six years, with the terms of three members expiring February 1 of
odd-numbered years. Each member of the board shall be a qualified
voter; and the members shall be selected from different portions of
the state].
Sec. 95.022. QUALIFICATIONS; TERMS. (a) Each member of the
board of regents other than the student regent must be a qualified
voter.
(b) The board members other than the student regent shall be
selected from different portions of the state.
(c) The board members other than the student regent hold
office for terms of six years, with the terms of two or three
regents, as applicable, expiring February 1 of odd-numbered years.
(d) The student regent holds office for a term of one year
expiring February 1, with the term of the initial student regent
expiring February 1, 2012.
SECTION 8. Sections 101.11 and 101.12, Education Code, are
amended to read as follows:
Sec. 101.11. BOARD OF REGENTS. (a) The control and
management of the university are [is] vested in a board of nine
regents appointed by the governor with the advice and consent of the
senate.
(b) One of the board members must be a student regent
serving under Section 51.356.
Sec. 101.12. TERM OF OFFICE. (a) Members of the board
other than the student regent hold office for staggered terms of six
years, with the terms of two or three members, as applicable,
expiring [on] January 31 of each odd-numbered year.
(b) The student regent holds office for a term of one year
expiring February 1, with the term of the initial student regent
expiring February 1, 2012.
(c) Any vacancy shall be filled by appointment for the
unexpired portion of the term.
SECTION 9. Sections 103.02 and 103.03, Education Code, are
amended to read as follows:
Sec. 103.02. BOARD OF REGENTS. (a) The organization,
control, and management of the university are [is] vested in a board
of nine regents.
(b) One of the board members must be a student regent
serving under Section 51.356.
Sec. 103.03. BOARD MEMBERS: APPOINTMENT, TERMS, OATH. (a)
Members of the board shall be appointed by the governor and
confirmed by the senate.
(b) Members of the board other than the student regent hold
office for staggered terms of six years.
(c) The student regent holds office for a term of one year
expiring February 1, with the term of the initial student regent
expiring February 1, 2012.
(d) Any vacancy that occurs on the board shall be filled for
the unexpired term by appointment of the governor.
(e) Each member of the board shall take the constitutional
oath of office.
SECTION 10. Sections 105.051 and 105.052, Education Code,
are amended to read as follows:
Sec. 105.051. BOARD OF REGENTS. (a) The organization,
control, and management of the University of North Texas System and
each component institution of the system are [is] vested in a board
of nine regents appointed by the governor and confirmed by the
senate.
(b) One of the board members must be a student regent
serving under Section 51.355.
Sec. 105.052. TERM OF OFFICE; REMOVAL; VACANCY. (a) The
term of office of each regent other than the student regent is six
years, with the terms of two or three regents, as applicable,
expiring every two years.
(b) The student regent holds office for a term of one year
expiring February 1, with the term of the initial student regent
expiring February 1, 2012.
(c) A regent [Members of the board] may be removed from
office for inefficiency or malfeasance of office.
(d) Any vacancy that occurs on the board shall be filled by
the governor for the unexpired term.
SECTION 11. Sections 106.11 and 106.12, Education Code, are
amended to read as follows:
Sec. 106.11. BOARD OF REGENTS. (a) The government of the
university is vested in a board of nine regents appointed by the
governor with the advice and consent of the senate [Senate].
(b) One of the regents must be a student regent serving
under Section 51.356.
Sec. 106.12. TERMS OF OFFICE. (a) Members of the board
other than the student regent hold office for staggered terms of six
years, with the terms of two or three regents, as applicable,
[directors] expiring [on] February 1 of odd-numbered years.
(b) The student regent holds office for a term of one year
expiring February 1, with the term of the initial student regent
expiring February 1, 2012.
SECTION 12. Section 107.21, Education Code, is amended to
read as follows:
Sec. 107.21. BOARD OF REGENTS. (a) The board of regents of
the university is composed of nine persons[, four of whom shall be
women,] appointed by the governor with the advice and consent of the
senate. Four of the regents must be women.
(b) One of the regents must be a student regent serving
under Section 51.356.
(c) Each regent other than the student regent must [Each
member of the board shall] be a qualified voter.
(d) The regents [; and the members] shall be selected from
different portions of the state.
(e) The regents other than the student regent [members] hold
office for staggered terms of six years, with the terms of two or
three regents, as applicable, expiring February 1 of odd-numbered
years.
(f) The student regent holds office for a term of one year
expiring February 1, with the term of the initial student regent
expiring February 1, 2012.
SECTION 13. Sections 109.21 and 109.22, Education Code, are
amended to read as follows:
Sec. 109.21. BOARD OF REGENTS. (a) The government,
control, and direction of the policies of the university are vested
in a board of nine regents[, who shall be] appointed by the governor
with the advice and consent of the senate.
(b) One of the regents must be a student regent serving
under Section 51.355.
Sec. 109.22. BOARD MEMBERS: TERMS, VACANCIES. (a) The
regents other than the student regent [Except for the initial
appointees, members] hold office for [of] terms of six years
expiring [on] January 31 of odd-numbered years[. In making the
initial appointments, the governor shall designate three for terms
expiring in 1971, three for terms expiring in 1973, and three for
terms expiring in 1975].
(b) The student regent holds office for a term of one year
expiring February 1, with the term of the initial student regent
expiring February 1, 2012.
(c) Any vacancy shall be filled for the unexpired portion of
the term by appointment by the governor with the advice and consent
of the senate.
SECTION 14. Section 111.12, Education Code, is amended to
read as follows:
Sec. 111.12. APPOINTMENTS TO BOARD; TERMS. (a) The regents
[Members of the board] are appointed by the governor with the advice
and consent of the senate.
(b) One of the regents must be a student regent serving
under Section 51.355.
(c) The term of office of each regent other than the student
regent shall be six years[, except that in making the first
appointments the governor shall appoint three members for six
years, three members for four years, and three members for two
years].
(d) The student regent holds office for a term of one year
expiring February 1, with the term of the initial student regent
expiring February 1, 2012.
(e) Any vacancy that occurs on the board shall be filled for
the unexpired term by appointment of the governor.
SECTION 15. (a) When the terms of members of the board of
regents of a state university system expire February 1, 2011, one of
the resulting vacancies on that board shall be filled by a student
regent as provided by Section 51.355, Education Code, as amended by
this Act, for a term expiring February 1, 2012, and the other two
vacancies shall be filled for six-year terms as otherwise provided
by law.
(b) When the terms of members of the board of regents of a
state university expire February 1, 2011, one of the resulting
vacancies on that board shall be filled by a student regent as
provided by Section 51.356, Education Code, as amended by this Act,
for a term expiring February 1, 2012, and the other two vacancies
shall be filled for six-year terms as otherwise provided by law.
SECTION 16. The term of a nonvoting student regent
appointed before the effective date of this Act to serve for a state
university system or a state university for a term expiring May 1,
2011, expires on the date a voting student regent is appointed under
Section 51.355 or 51.356, Education Code, as amended by this Act, to
the board of regents of the system or university, as applicable.
SECTION 17. This Act does not affect the term of a member of
a board of regents of a state university system or a state
university serving on the effective date of this Act.
SECTION 18. The changes in law made by this Act to Sections
51.355(d-1) and 51.356(e-1), Education Code, apply only to a
student regent appointed to the board of regents of a state
university system or a state university on or after the effective
date of this Act.
SECTION 19. This Act takes effect September 1, 2010.