| 1 | 1 | | 86R4320 SOS-D |
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| 2 | 2 | | By: Menéndez S.B. No. 275 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the appointment of the chief executive officer of a |
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| 8 | 8 | | public institution of higher education or university system. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 51.352, Education Code, is amended by |
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| 11 | 11 | | amending Subsection (d) and adding Subsection (g) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (d) In addition to powers and duties specifically granted by |
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| 14 | 14 | | this code or other law, each governing board shall: |
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| 15 | 15 | | (1) establish, for each institution under its control |
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| 16 | 16 | | and management, goals consistent with the role and mission of the |
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| 17 | 17 | | institution; |
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| 18 | 18 | | (2) appoint the chancellor or other chief executive |
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| 19 | 19 | | officer of the system in accordance with Subsection (g), if the |
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| 20 | 20 | | board governs a university system; |
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| 21 | 21 | | (3) appoint the president or other chief executive |
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| 22 | 22 | | officer of each institution under the board's control and |
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| 23 | 23 | | management in accordance with Subsection (g) and evaluate the chief |
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| 24 | 24 | | executive officer of each component institution and assist the |
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| 25 | 25 | | officer in the achievement of performance goals; |
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| 26 | 26 | | (4) set campus admission standards consistent with the |
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| 27 | 27 | | role and mission of the institution and considering the admission |
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| 28 | 28 | | standards of similar institutions nationwide having a similar role |
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| 29 | 29 | | and mission, as determined by the coordinating board; and |
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| 30 | 30 | | (5) ensure that its formal position on matters of |
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| 31 | 31 | | importance to the institutions under its governance is made clear |
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| 32 | 32 | | to the coordinating board when such matters are under consideration |
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| 33 | 33 | | by the coordinating board. |
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| 34 | 34 | | (g) In appointing a chief executive officer under |
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| 35 | 35 | | Subsection (d)(2) or (3), a governing board: |
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| 36 | 36 | | (1) shall select at least two finalists for the |
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| 37 | 37 | | position; and |
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| 38 | 38 | | (2) may not take final action or vote on the employment |
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| 39 | 39 | | of a person as chief executive officer before the 21st day after the |
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| 40 | 40 | | date on which the governing board gives public notice of the |
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| 41 | 41 | | finalists as required under Section 552.123, Government Code. |
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| 42 | 42 | | SECTION 2. Section 51.913, Education Code, is amended by |
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| 43 | 43 | | amending Subsection (b) and adding Subsection (c) to read as |
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| 44 | 44 | | follows: |
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| 45 | 45 | | (b) The board of regents shall announce the name, |
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| 46 | 46 | | background, and qualifications of any individual the board [it] |
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| 47 | 47 | | selects and employs by use of an executive search [such a] |
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| 48 | 48 | | committee. [Additionally, public notice of the name or names of the |
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| 49 | 49 | | finalist or finalists being considered by the search committee must |
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| 50 | 50 | | be made public record at least 21 days prior to the meeting at which |
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| 51 | 51 | | final action or vote is to be taken on the employment of the |
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| 52 | 52 | | individual.] |
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| 53 | 53 | | (c) In selecting a chief executive officer using an |
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| 54 | 54 | | executive search committee, the board of regents must comply with |
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| 55 | 55 | | Section 51.352(g). |
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| 56 | 56 | | SECTION 3. Section 552.123, Government Code, is amended to |
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| 57 | 57 | | read as follows: |
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| 58 | 58 | | Sec. 552.123. EXCEPTION: CONFIDENTIALITY OF NAME OF |
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| 59 | 59 | | APPLICANT FOR CHIEF EXECUTIVE OFFICER OF INSTITUTION OF HIGHER |
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| 60 | 60 | | EDUCATION. The name of an applicant for the position of chief |
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| 61 | 61 | | executive officer of an institution of higher education, and other |
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| 62 | 62 | | information that would tend to identify the applicant, is excepted |
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| 63 | 63 | | from the requirements of Section 552.021, except that the governing |
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| 64 | 64 | | body of the institution must give public notice of the name [or |
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| 65 | 65 | | names] of each finalist [the finalists] being considered for the |
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| 66 | 66 | | position at least 21 days before the date of the meeting at which |
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| 67 | 67 | | final action or vote is to be taken on the employment of the person. |
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| 68 | 68 | | SECTION 4. The changes in law made by this Act to Sections |
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| 69 | 69 | | 51.352 and 51.913, Education Code, and Section 552.123, Government |
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| 70 | 70 | | Code, apply only to the appointment of a chief executive officer of |
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| 71 | 71 | | a public institution of higher education or university system made |
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| 72 | 72 | | on or after the effective date of this Act. An appointment of a |
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| 73 | 73 | | chief executive officer of a public institution of higher education |
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| 74 | 74 | | or university system made before the effective date of this Act is |
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| 75 | 75 | | governed by the law in effect on the date the appointment was made, |
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| 76 | 76 | | and the former law is continued in effect for that purpose. |
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| 77 | 77 | | SECTION 5. This Act takes effect September 1, 2019. |
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