Texas 2009 - 81st Regular

Texas House Bill HB712 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R620 KSD-D
2	2	By: Rose H.B. No. 712
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to student members of the board of regents of a state
8	8	university system or a state university.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 51.355, Education Code,
11	11	is amended to read as follows:
12	12	Sec. 51.355. [NONVOTING] STUDENT REGENT; UNIVERSITY SYSTEM
13	13	BOARD OF REGENTS.
14	14	SECTION 2. Section 51.355, Education Code, is amended by
15	15	amending Subsections (c), (d-1), (e), and (i) and adding
16	16	Subsections (e-1), (e-2), and (j) to read as follows:
17	17	(c) Except as provided by Subsection (f), not later than
18	18	November 1 of each year, the student government of each general
19	19	academic teaching institution and medical and dental unit in a
20	20	university system shall solicit applicants for appointment to the
21	21	next regular term of the position of student regent. Not later
22	22	than December [January] 1, from among the applications received by
23	23	the student government, the student government shall select five
24	24	applicants as the student government's recommendations for the
25	25	position of student regent and send the applications of those
26	26	applicants to the chancellor of the university system. From among
27	27	those applicants, the chancellor shall select two or more
28	28	applicants as the university system's recommendations for the
29	29	position of student regent and shall send the applications of those
30	30	applicants to the governor not later than January [February]
31	31	1. The governor may request to review all applications for the
32	32	position of student regent received by the student governments and
33	33	may request an applicant to submit additional information to the
34	34	governor. Not later than February 1 [On June 1, or as soon
35	35	thereafter as practicable], the governor with the advice and
36	36	consent of the senate shall appoint one of the applicants to serve
37	37	as the student regent for the system for a one-year term expiring on
38	38	the next February 1 [May 31]. The governor is not required to
39	39	appoint an applicant recommended by the chancellor.
40	40	(d-1) Throughout a student regent's term, the student
41	41	regent must maintain a grade point average of at least 3.0 [2.5] on
42	42	a four-point scale. The president of the institution in which the
43	43	student regent is enrolled shall notify the governor if the student
44	44	regent fails to maintain the qualifications required by this
45	45	section.
46	46	(e) A student regent has the same powers and duties,
47	47	including voting privileges, as the other members of the board of
48	48	regents on which the student regent serves.
49	49	(e-1) This subsection applies only to a student regent
50	50	appointed for a term expiring on or before February 1, 2011.
51	51	Subsection (e) does not apply to a student regent to whom this
52	52	subsection applies. A student regent is not a member of the board
53	53	of regents of the system for which the student regent is appointed.
54	54	A student regent has the same powers and duties as the members of
55	55	the board of regents of the system, including the right to attend
56	56	and participate in meetings of the board of regents, except that the
57	57	student regent:
58	58	(1) may not vote on any matter before the board or make
59	59	or second any motion before the board; and
60	60	(2) is not counted in determining whether a quorum
61	61	exists for a meeting of the board or in determining the outcome of
62	62	any vote of the board.
63	63	(e-2) Subsection (e-1) and this subsection expire September
64	64	1, 2012.
65	65	(i) A student regent serves without compensation but is
66	66	entitled to be reimbursed for the actual expenses incurred by the
67	67	student regent in attending the meetings of the board of regents,
68	68	subject to the approval of the chairman of the board of regents.
69	69	This subsection applies only to a student regent appointed for a
70	70	term expiring on or before February 1, 2011. This subsection
71	71	expires September 1, 2012.
72	72	(j) If the one-year term of a student regent is held by a
73	73	final judgment of a court to violate Section 30a, Article XVI, Texas
74	74	Constitution, the student regent holds office for a term of six
75	75	years that expires in the same year in which the terms of two of the
76	76	other members of the board of regents expire. This subsection
77	77	applies only to the term of a student regent expiring on or after
78	78	February 1, 2012.
79	79	SECTION 3. The heading to Section 51.356, Education Code,
80	80	is amended to read as follows:
81	81	Sec. 51.356. [NONVOTING] STUDENT REGENT; INSTITUTION BOARD
82	82	OF REGENTS.
83	83	SECTION 4. Section 51.356, Education Code, is amended by
84	84	amending Subsections (d), (e-1), (f), and (i) and adding
85	85	Subsections (f-1), (f-2), and (j) to read as follows:
86	86	(d) Not later than November 1 of each year, the student
87	87	government of the general academic teaching institution shall
88	88	solicit applicants for appointment to the next regular term of the
89	89	position of student regent. Not later than December [January] 1,
90	90	from among the applications received by the student government, the
91	91	student government shall select five applicants as the student
92	92	government's recommendations for the position of student regent and
93	93	send the applications of those applicants to the president of the
94	94	institution. From among those applicants, the president shall
95	95	select two or more applicants as the institution's recommendations
96	96	for the position of student regent and shall send the applications
97	97	of those applicants to the governor not later than January
98	98	[February] 1. The governor may request to review all applications
99	99	for the position of student regent received by the student
100	100	government and may request an applicant to submit additional
101	101	information to the governor. Not later than February 1 [On June 1,
102	102	or as soon thereafter as practicable], the governor with the advice
103	103	and consent of the senate shall appoint one of the applicants to
104	104	serve as the student regent for the institution for a one-year term
105	105	expiring on the next February 1 [May 31]. The governor is not
106	106	required to appoint an applicant recommended by the president.
107	107	(e-1) Throughout a student regent's term, the student
108	108	regent must maintain a grade point average of at least 3.0 [2.5] on
109	109	a four-point scale. The president of the institution in which the
110	110	student regent is enrolled shall notify the governor if the student
111	111	regent fails to maintain the qualifications required by this
112	112	section.
113	113	(f) A student regent has the same powers and duties,
114	114	including voting privileges, as the other members of the board of
115	115	regents on which the student regent serves.
116	116	(f-1) This subsection applies only to a student regent
117	117	appointed for a term expiring on or before February 1, 2011.
118	118	Subsection (f) does not apply to a student regent to whom this
119	119	subsection applies. A student regent is not a member of the board
120	120	of regents of the institution for which the student regent is
121	121	appointed. A student regent has the same powers and duties as the
122	122	members of the board of regents of the institution, including the
123	123	right to attend and participate in meetings of the board of regents,
124	124	except that the student regent:
125	125	(1) may not vote on any matter before the board or make
126	126	or second any motion before the board; and
127	127	(2) is not counted in determining whether a quorum
128	128	exists for a meeting of the board or in determining the outcome of
129	129	any vote of the board.
130	130	(f-2) Subsection (f-1) and this subsection expire September
131	131	1, 2012.
132	132	(i) A student regent serves without compensation but is
133	133	entitled to be reimbursed for the actual expenses incurred by the
134	134	student regent in attending the meetings of the board of regents,
135	135	subject to the approval of the chairman of the board of regents.
136	136	This subsection applies only to a student regent appointed for a
137	137	term expiring on or before February 1, 2011. This subsection
138	138	expires September 1, 2012.
139	139	(j) If the one-year term of the student regent is held by a
140	140	final judgment of a court to violate Section 30a, Article XVI, Texas
141	141	Constitution, the student regent holds office for a term of six
142	142	years that expires in the same year in which the terms of two of the
143	143	other members of the board of regents expire. This subsection
144	144	applies only to the term of a student regent expiring on or after
145	145	February 1, 2012.
146	146	SECTION 5. Sections 65.11 and 65.12, Education Code, are
147	147	amended to read as follows:
148	148	Sec. 65.11. BOARD OF REGENTS. (a) The government of the
149	149	university system is vested in a board of nine regents appointed by
150	150	the governor with the advice and consent of the senate.
151	151	(b) One of the board members must be a student regent
152	152	serving under Section 51.355.
153	153	(c) The board may provide for the administration,
154	154	organization, and names of the institutions and entities in The
155	155	University of Texas System in such a way as will achieve the maximum
156	156	operating efficiency of such institutions and entities, provided,
157	157	however, that no institution or entity of The University of Texas
158	158	System not authorized by specific legislative act to offer a
159	159	four-year undergraduate program as of the effective date of this
160	160	Act shall offer any such four-year undergraduate program without
161	161	prior recommendation and approval by a two-thirds vote of the Texas
162	162	Higher Education Coordinating Board and a specific act of the
163	163	legislature [Legislature].
164	164	Sec. 65.12. QUALIFICATIONS; TERMS. (a) Each member of
165	165	the board shall be a qualified voter.
166	166	(b) The board[; and the] members other than the student
167	167	regent shall be selected from different portions of the state.
168	168	(c) The board members other than the student regent hold
169	169	office for staggered terms of six years, with the terms of two or
170	170	three regents, as applicable, expiring February 1 of odd-numbered
171	171	years.
172	172	(d) The student regent holds office for a term of one year
173	173	expiring February 1, with the term of the initial student regent
174	174	expiring February 1, 2012.
175	175	SECTION 6. Sections 85.11 and 85.12, Education Code, are
176	176	amended to read as follows:
177	177	Sec. 85.11. BOARD OF REGENTS. (a) The government of the
178	178	university system is vested in a board of nine regents appointed by
179	179	the governor with the advice and consent of the senate.
180	180	(b) One of the board members must be a student regent
181	181	serving under Section 51.355.
182	182	Sec. 85.12. QUALIFICATIONS; TERMS. (a) Each member of the
183	183	board shall be a qualified voter.
184	184	(b) The board[; and the] members other than the student
185	185	regent shall be selected from different portions of the state.
186	186	(c) The board members other than the student regent hold
187	187	office for staggered terms of six years, with the terms of two or
188	188	three regents, as applicable, expiring February 1 of odd-numbered
189	189	years.
190	190	(d) The student regent holds office for a term of one year
191	191	expiring February 1, with the term of the initial student regent
192	192	expiring February 1, 2012.
193	193	SECTION 7. Subchapter A, Chapter 95, Education Code, is
194	194	amended by amending Section 95.02 and adding Section 95.022 to read
195	195	as follows:
196	196	Sec. 95.02. BOARD OF REGENTS [MEMBERS: APPOINTMENT,
197	197	QUALIFICATIONS, TERMS]. (a) The board is composed of nine
198	198	members appointed by the governor with the advice and consent of the
199	199	senate.
200	200	(b) One of the board members must be a student regent
201	201	serving under Section 51.355 [The members hold office for terms of
202	202	six years, with the terms of three members expiring February 1 of
203	203	odd-numbered years. Each member of the board shall be a qualified
204	204	voter; and the members shall be selected from different portions of
205	205	the state].
206	206	Sec. 95.022. QUALIFICATIONS; TERMS. (a) Each member of the
207	207	board of regents other than the student regent must be a qualified
208	208	voter.
209	209	(b) The board members other than the student regent shall be
210	210	selected from different portions of the state.
211	211	(c) The board members other than the student regent hold
212	212	office for terms of six years, with the terms of two or three
213	213	regents, as applicable, expiring February 1 of odd-numbered years.
214	214	(d) The student regent holds office for a term of one year
215	215	expiring February 1, with the term of the initial student regent
216	216	expiring February 1, 2012.
217	217	SECTION 8. Sections 101.11 and 101.12, Education Code, are
218	218	amended to read as follows:
219	219	Sec. 101.11. BOARD OF REGENTS. (a) The control and
220	220	management of the university are [is] vested in a board of nine
221	221	regents appointed by the governor with the advice and consent of the
222	222	senate.
223	223	(b) One of the board members must be a student regent
224	224	serving under Section 51.356.
225	225	Sec. 101.12. TERM OF OFFICE. (a) Members of the board
226	226	other than the student regent hold office for staggered terms of six
227	227	years, with the terms of two or three members, as applicable,
228	228	expiring [on] January 31 of each odd-numbered year.
229	229	(b) The student regent holds office for a term of one year
230	230	expiring February 1, with the term of the initial student regent
231	231	expiring February 1, 2012.
232	232	(c) Any vacancy shall be filled by appointment for the
233	233	unexpired portion of the term.
234	234	SECTION 9. Sections 103.02 and 103.03, Education Code, are
235	235	amended to read as follows:
236	236	Sec. 103.02. BOARD OF REGENTS. (a) The organization,
237	237	control, and management of the university are [is] vested in a board
238	238	of nine regents.
239	239	(b) One of the board members must be a student regent
240	240	serving under Section 51.356.
241	241	Sec. 103.03. BOARD MEMBERS: APPOINTMENT, TERMS, OATH. (a)
242	242	Members of the board shall be appointed by the governor and
243	243	confirmed by the senate.
244	244	(b) Members of the board other than the student regent hold
245	245	office for staggered terms of six years.
246	246	(c) The student regent holds office for a term of one year
247	247	expiring February 1, with the term of the initial student regent
248	248	expiring February 1, 2012.
249	249	(d) Any vacancy that occurs on the board shall be filled for
250	250	the unexpired term by appointment of the governor.
251	251	(e) Each member of the board shall take the constitutional
252	252	oath of office.
253	253	SECTION 10. Sections 105.051 and 105.052, Education Code,
254	254	are amended to read as follows:
255	255	Sec. 105.051. BOARD OF REGENTS. (a) The organization,
256	256	control, and management of the University of North Texas System and
257	257	each component institution of the system are [is] vested in a board
258	258	of nine regents appointed by the governor and confirmed by the
259	259	senate.
260	260	(b) One of the board members must be a student regent
261	261	serving under Section 51.355.
262	262	Sec. 105.052. TERM OF OFFICE; REMOVAL; VACANCY. (a) The
263	263	term of office of each regent other than the student regent is six
264	264	years, with the terms of two or three regents, as applicable,
265	265	expiring every two years.
266	266	(b) The student regent holds office for a term of one year
267	267	expiring February 1, with the term of the initial student regent
268	268	expiring February 1, 2012.
269	269	(c) A regent [Members of the board] may be removed from
270	270	office for inefficiency or malfeasance of office.
271	271	(d) Any vacancy that occurs on the board shall be filled by
272	272	the governor for the unexpired term.
273	273	SECTION 11. Sections 106.11 and 106.12, Education Code, are
274	274	amended to read as follows:
275	275	Sec. 106.11. BOARD OF REGENTS. (a) The government of the
276	276	university is vested in a board of nine regents appointed by the
277	277	governor with the advice and consent of the senate [Senate].
278	278	(b) One of the regents must be a student regent serving
279	279	under Section 51.356.
280	280	Sec. 106.12. TERMS OF OFFICE. (a) Members of the board
281	281	other than the student regent hold office for staggered terms of six
282	282	years, with the terms of two or three regents, as applicable,
283	283	[directors] expiring [on] February 1 of odd-numbered years.
284	284	(b) The student regent holds office for a term of one year
285	285	expiring February 1, with the term of the initial student regent
286	286	expiring February 1, 2012.
287	287	SECTION 12. Section 107.21, Education Code, is amended to
288	288	read as follows:
289	289	Sec. 107.21. BOARD OF REGENTS. (a) The board of regents of
290	290	the university is composed of nine persons[, four of whom shall be
291	291	women,] appointed by the governor with the advice and consent of the
292	292	senate. Four of the regents must be women.
293	293	(b) One of the regents must be a student regent serving
294	294	under Section 51.356.
295	295	(c) Each regent other than the student regent must [Each
296	296	member of the board shall] be a qualified voter.
297	297	(d) The regents [; and the members] shall be selected from
298	298	different portions of the state.
299	299	(e) The regents other than the student regent [members] hold
300	300	office for staggered terms of six years, with the terms of two or
301	301	three regents, as applicable, expiring February 1 of odd-numbered
302	302	years.
303	303	(f) The student regent holds office for a term of one year
304	304	expiring February 1, with the term of the initial student regent
305	305	expiring February 1, 2012.
306	306	SECTION 13. Sections 109.21 and 109.22, Education Code, are
307	307	amended to read as follows:
308	308	Sec. 109.21. BOARD OF REGENTS. (a) The government,
309	309	control, and direction of the policies of the university are vested
310	310	in a board of nine regents[, who shall be] appointed by the governor
311	311	with the advice and consent of the senate.
312	312	(b) One of the regents must be a student regent serving
313	313	under Section 51.355.
314	314	Sec. 109.22. BOARD MEMBERS: TERMS, VACANCIES. (a) The
315	315	regents other than the student regent [Except for the initial
316	316	appointees, members] hold office for [of] terms of six years
317	317	expiring [on] January 31 of odd-numbered years[. In making the
318	318	initial appointments, the governor shall designate three for terms
319	319	expiring in 1971, three for terms expiring in 1973, and three for
320	320	terms expiring in 1975].
321	321	(b) The student regent holds office for a term of one year
322	322	expiring February 1, with the term of the initial student regent
323	323	expiring February 1, 2012.
324	324	(c) Any vacancy shall be filled for the unexpired portion of
325	325	the term by appointment by the governor with the advice and consent
326	326	of the senate.
327	327	SECTION 14. Section 111.12, Education Code, is amended to
328	328	read as follows:
329	329	Sec. 111.12. APPOINTMENTS TO BOARD; TERMS. (a) The regents
330	330	[Members of the board] are appointed by the governor with the advice
331	331	and consent of the senate.
332	332	(b) One of the regents must be a student regent serving
333	333	under Section 51.355.
334	334	(c) The term of office of each regent other than the student
335	335	regent shall be six years[, except that in making the first
336	336	appointments the governor shall appoint three members for six
337	337	years, three members for four years, and three members for two
338	338	years].
339	339	(d) The student regent holds office for a term of one year
340	340	expiring February 1, with the term of the initial student regent
341	341	expiring February 1, 2012.
342	342	(e) Any vacancy that occurs on the board shall be filled for
343	343	the unexpired term by appointment of the governor.
344	344	SECTION 15. (a) When the terms of members of the board of
345	345	regents of a state university system expire February 1, 2011, one of
346	346	the resulting vacancies on that board shall be filled by a student
347	347	regent as provided by Section 51.355, Education Code, as amended by
348	348	this Act, for a term expiring February 1, 2012, and the other two
349	349	vacancies shall be filled for six-year terms as otherwise provided
350	350	by law.
351	351	(b) When the terms of members of the board of regents of a
352	352	state university expire February 1, 2011, one of the resulting
353	353	vacancies on that board shall be filled by a student regent as
354	354	provided by Section 51.356, Education Code, as amended by this Act,
355	355	for a term expiring February 1, 2012, and the other two vacancies
356	356	shall be filled for six-year terms as otherwise provided by law.
357	357	SECTION 16. The term of a nonvoting student regent
358	358	appointed before the effective date of this Act to serve for a state
359	359	university system or a state university for a term expiring May 1,
360	360	2011, expires on the date a voting student regent is appointed under
361	361	Section 51.355 or 51.356, Education Code, as amended by this Act, to
362	362	the board of regents of the system or university, as applicable.
363	363	SECTION 17. This Act does not affect the term of a member of
364	364	a board of regents of a state university system or a state
365	365	university serving on the effective date of this Act.
366	366	SECTION 18. The changes in law made by this Act to Sections
367	367	51.355(d-1) and 51.356(e-1), Education Code, apply only to a
368	368	student regent appointed to the board of regents of a state
369	369	university system or a state university on or after the effective
370	370	date of this Act.
371	371	SECTION 19. This Act takes effect September 1, 2010.