86R4320 SOS-D
By: Menéndez S.B. No. 275
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of the chief executive officer of a
public institution of higher education or university system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.352, Education Code, is amended by
amending Subsection (d) and adding Subsection (g) to read as
follows:
(d) In addition to powers and duties specifically granted by
this code or other law, each governing board shall:
(1) establish, for each institution under its control
and management, goals consistent with the role and mission of the
institution;
(2) appoint the chancellor or other chief executive
officer of the system in accordance with Subsection (g), if the
board governs a university system;
(3) appoint the president or other chief executive
officer of each institution under the board's control and
management in accordance with Subsection (g) and evaluate the chief
executive officer of each component institution and assist the
officer in the achievement of performance goals;
(4) set campus admission standards consistent with the
role and mission of the institution and considering the admission
standards of similar institutions nationwide having a similar role
and mission, as determined by the coordinating board; and
(5) ensure that its formal position on matters of
importance to the institutions under its governance is made clear
to the coordinating board when such matters are under consideration
by the coordinating board.
(g) In appointing a chief executive officer under
Subsection (d)(2) or (3), a governing board:
(1) shall select at least two finalists for the
position; and
(2) may not take final action or vote on the employment
of a person as chief executive officer before the 21st day after the
date on which the governing board gives public notice of the
finalists as required under Section 552.123, Government Code.
SECTION 2. Section 51.913, Education Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) The board of regents shall announce the name,
background, and qualifications of any individual the board [it]
selects and employs by use of an executive search [such a]
committee. [Additionally, public notice of the name or names of the
finalist or finalists being considered by the search committee must
be made public record at least 21 days prior to the meeting at which
final action or vote is to be taken on the employment of the
individual.]
(c) In selecting a chief executive officer using an
executive search committee, the board of regents must comply with
Section 51.352(g).
SECTION 3. Section 552.123, Government Code, is amended to
read as follows:
Sec. 552.123. EXCEPTION: CONFIDENTIALITY OF NAME OF
APPLICANT FOR CHIEF EXECUTIVE OFFICER OF INSTITUTION OF HIGHER
EDUCATION. The name of an applicant for the position of chief
executive officer of an institution of higher education, and other
information that would tend to identify the applicant, is excepted
from the requirements of Section 552.021, except that the governing
body of the institution must give public notice of the name [or
names] of each finalist [the finalists] being considered for the
position at least 21 days before the date of the meeting at which
final action or vote is to be taken on the employment of the person.
SECTION 4. The changes in law made by this Act to Sections
51.352 and 51.913, Education Code, and Section 552.123, Government
Code, apply only to the appointment of a chief executive officer of
a public institution of higher education or university system made
on or after the effective date of this Act. An appointment of a
chief executive officer of a public institution of higher education
or university system made before the effective date of this Act is
governed by the law in effect on the date the appointment was made,
and the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2019.