TX
Texas House Bill HB3164

Texas 2021 - 87th Regular

Texas House Bill HB3164 Compare Versions

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11 87R11921 KJE-D
22 By: Crockett H.B. No. 3164
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to student members of the board of regents of a public
88 university system or public university.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. The heading to Section 51.355, Education Code,
1111 is amended to read as follows:
1212 Sec. 51.355. [NONVOTING] STUDENT REGENT; UNIVERSITY SYSTEM
1313 BOARD OF REGENTS.
1414 SECTION 2. Section 51.355, Education Code, is amended by
1515 amending Subsections (c), (e), and (i) and adding Subsections (e-1)
1616 and (e-2) to read as follows:
1717 (c) Except as provided by Subsection (f), not later than
1818 November 1 of each year, the student government of each general
1919 academic teaching institution and medical and dental unit in a
2020 university system shall solicit applicants for appointment to the
2121 next regular term of the position of student regent. Not later than
2222 December [January] 1, from among the applications received by the
2323 student government, the student government shall select five
2424 applicants as the student government's recommendations for the
2525 position of student regent and send the applications of those
2626 applicants to the chancellor of the university system. From among
2727 those applicants, the chancellor shall select two or more
2828 applicants as the university system's recommendations for the
2929 position of student regent and shall send the applications of those
3030 applicants to the governor not later than January [February] 1. The
3131 governor may request to review all applications for the position of
3232 student regent received by the student governments and may request
3333 an applicant to submit additional information to the governor. Not
3434 later than February 1 [On June 1, or as soon thereafter as
3535 practicable], the governor with the advice and consent of the
3636 senate shall appoint one of the applicants to serve as the student
3737 regent for the system for a one-year term expiring on the next
3838 February 1 [May 31]. The governor is not required to appoint an
3939 applicant recommended by the chancellor, but may not appoint a
4040 student regent who did not submit an application to the student
4141 government of a general academic teaching institution or medical
4242 and dental unit in the system as described by this subsection.
4343 (e) A student regent has the same powers and duties,
4444 including voting privileges, as the other members of the board of
4545 regents on which the student regent serves.
4646 (e-1) This subsection applies only to a student regent
4747 appointed for a term expiring on or before February 1, 2023.
4848 Subsection (e) does not apply to a student regent to whom this
4949 subsection applies. A student regent is not a member of the board
5050 of regents of the system for which the student regent is appointed.
5151 A student regent has the same powers and duties as the members of
5252 the board of regents of the system, including the right to attend
5353 and participate in meetings of the board of regents, except that the
5454 student regent:
5555 (1) may not vote on any matter before the board or make
5656 or second any motion before the board; and
5757 (2) is not counted in determining whether a quorum
5858 exists for a meeting of the board or in determining the outcome of
5959 any vote of the board.
6060 (e-2) Subsection (e-1) and this subsection expire September
6161 1, 2024.
6262 (i) A student regent serves without compensation but is
6363 entitled to be reimbursed for the actual expenses incurred by the
6464 student regent in attending the meetings of the board of regents,
6565 subject to the approval of the chairman of the board of regents.
6666 This subsection applies only to a student regent appointed for a
6767 term expiring on or before February 1, 2023. This subsection
6868 expires September 1, 2024.
6969 SECTION 3. The heading to Section 51.356, Education Code,
7070 is amended to read as follows:
7171 Sec. 51.356. [NONVOTING] STUDENT REGENT; INSTITUTION BOARD
7272 OF REGENTS.
7373 SECTION 4. Section 51.356, Education Code, is amended by
7474 amending Subsections (d), (f), and (i) and adding Subsections (f-1)
7575 and (f-2) to read as follows:
7676 (d) Not later than November 1 of each year, the student
7777 government of the general academic teaching institution shall
7878 solicit applicants for appointment to the next regular term of the
7979 position of student regent. Not later than December [January] 1,
8080 from among the applications received by the student government, the
8181 student government shall select five applicants as the student
8282 government's recommendations for the position of student regent and
8383 send the applications of those applicants to the president of the
8484 institution. From among those applicants, the president shall
8585 select two or more applicants as the institution's recommendations
8686 for the position of student regent and shall send the applications
8787 of those applicants to the governor not later than January
8888 [February] 1. The governor may request to review all applications
8989 for the position of student regent received by the student
9090 government and may request an applicant to submit additional
9191 information to the governor. Not later than February 1 [On June 1,
9292 or as soon thereafter as practicable], the governor with the advice
9393 and consent of the senate shall appoint one of the applicants to
9494 serve as the student regent for the institution for a one-year term
9595 expiring on the next February 1 [May 31]. The governor is not
9696 required to appoint an applicant recommended by the president, but
9797 may not appoint a student regent who did not submit an application
9898 to the student government of the institution as described by this
9999 subsection.
100100 (f) A student regent has the same powers and duties,
101101 including voting privileges, as the other members of the board of
102102 regents on which the student regent serves.
103103 (f-1) This subsection applies only to a student regent
104104 appointed for a term expiring on or before February 1, 2023.
105105 Subsection (f) does not apply to a student regent to whom this
106106 subsection applies. A student regent is not a member of the board
107107 of regents of the institution for which the student regent is
108108 appointed. A student regent has the same powers and duties as the
109109 members of the board of regents of the institution, including the
110110 right to attend and participate in meetings of the board of regents,
111111 except that the student regent:
112112 (1) may not vote on any matter before the board or make
113113 or second any motion before the board; and
114114 (2) is not counted in determining whether a quorum
115115 exists for a meeting of the board or in determining the outcome of
116116 any vote of the board.
117117 (f-2) Subsection (f-1) and this subsection expire September
118118 1, 2024.
119119 (i) A student regent serves without compensation but is
120120 entitled to be reimbursed for the actual expenses incurred by the
121121 student regent in attending the meetings of the board of regents,
122122 subject to the approval of the chairman of the board of regents.
123123 This subsection applies only to a student regent appointed for a
124124 term expiring on or before February 1, 2023. This subsection
125125 expires September 1, 2024.
126126 SECTION 5. Sections 65.11 and 65.12, Education Code, are
127127 amended to read as follows:
128128 Sec. 65.11. BOARD OF REGENTS. (a) The government of the
129129 university system is vested in a board of nine regents appointed by
130130 the governor with the advice and consent of the senate.
131131 (b) One of the board members must be a student regent
132132 serving under Section 51.355.
133133 (c) The board may provide for the administration,
134134 organization, and names of the institutions and entities in The
135135 University of Texas System in such a way as will achieve the maximum
136136 operating efficiency of such institutions and entities, provided,
137137 however, that no institution or entity of The University of Texas
138138 System not authorized by specific legislative act to offer a
139139 four-year undergraduate program as of the effective date of this
140140 Act shall offer any such four-year undergraduate program without
141141 prior recommendation and approval by a two-thirds vote of the Texas
142142 Higher Education Coordinating Board and a specific act of the
143143 legislature [Legislature].
144144 Sec. 65.12. QUALIFICATIONS; TERMS. (a) Each member of the
145145 board shall be a qualified voter.
146146 (b) The board[; and the] members other than the student
147147 regent shall be selected from different portions of the state.
148148 (c) The board members other than the student regent hold
149149 office for staggered terms of six years, with the terms of two or
150150 three regents, as applicable, expiring February 1 of odd-numbered
151151 years.
152152 (d) The student regent holds office for a term of one year
153153 expiring February 1, with the term of the initial student regent
154154 expiring February 1, 2024.
155155 SECTION 6. Sections 85.11 and 85.12, Education Code, are
156156 amended to read as follows:
157157 Sec. 85.11. BOARD OF REGENTS. (a) The government of the
158158 university system is vested in a board of nine regents appointed by
159159 the governor with the advice and consent of the senate.
160160 (b) One of the board members must be a student regent
161161 serving under Section 51.355.
162162 Sec. 85.12. QUALIFICATIONS; TERMS. (a) Each member of the
163163 board shall be a qualified voter.
164164 (b) The board[; and the] members other than the student
165165 regent shall be selected from different portions of the state.
166166 (c) The board members other than the student regent hold
167167 office for staggered terms of six years, with the terms of two or
168168 three regents, as applicable, expiring February 1 of odd-numbered
169169 years.
170170 (d) The student regent holds office for a term of one year
171171 expiring February 1, with the term of the initial student regent
172172 expiring February 1, 2024.
173173 SECTION 7. Subchapter A, Chapter 95, Education Code, is
174174 amended by amending Section 95.02 and adding Section 95.021 to read
175175 as follows:
176176 Sec. 95.02. BOARD OF REGENTS [MEMBERS: APPOINTMENT,
177177 QUALIFICATIONS, TERMS]. (a) The board is composed of nine members
178178 appointed by the governor with the advice and consent of the senate.
179179 (b) One of the board members must be a student regent
180180 serving under Section 51.355 [The members hold office for terms of
181181 six years, with the terms of three members expiring February 1 of
182182 odd-numbered years. Each member of the board shall be a qualified
183183 voter; and the members shall be selected from different portions of
184184 the state].
185185 Sec. 95.021. QUALIFICATIONS; TERMS. (a) Each member of the
186186 board of regents other than the student regent must be a qualified
187187 voter.
188188 (b) The board members other than the student regent shall be
189189 selected from different portions of the state.
190190 (c) The board members other than the student regent hold
191191 office for terms of six years, with the terms of two or three
192192 regents, as applicable, expiring February 1 of odd-numbered years.
193193 (d) The student regent holds office for a term of one year
194194 expiring February 1, with the term of the initial student regent
195195 expiring February 1, 2024.
196196 SECTION 8. Sections 101.11 and 101.12, Education Code, are
197197 amended to read as follows:
198198 Sec. 101.11. BOARD OF REGENTS. (a) The control and
199199 management of the university are [is] vested in a board of nine
200200 regents appointed by the governor with the advice and consent of the
201201 senate.
202202 (b) One of the board members must be a student regent
203203 serving under Section 51.356.
204204 Sec. 101.12. TERM OF OFFICE. (a) Members of the board
205205 other than the student regent hold office for staggered terms of six
206206 years, with the terms of two or three members, as applicable,
207207 expiring [on] January 31 of each odd-numbered year.
208208 (b) The student regent holds office for a term of one year
209209 expiring February 1, with the term of the initial student regent
210210 expiring February 1, 2024.
211211 (c) Any vacancy shall be filled by appointment for the
212212 unexpired portion of the term.
213213 SECTION 9. Sections 103.02 and 103.03, Education Code, are
214214 amended to read as follows:
215215 Sec. 103.02. BOARD OF REGENTS. (a) The organization,
216216 control, and management of the university are [is] vested in a board
217217 of nine regents.
218218 (b) One of the board members must be a student regent
219219 serving under Section 51.356.
220220 Sec. 103.03. BOARD MEMBERS: APPOINTMENT, TERMS, OATH. (a)
221221 Members of the board shall be appointed by the governor and
222222 confirmed by the senate.
223223 (b) Members of the board other than the student regent hold
224224 office for staggered terms of six years.
225225 (c) The student regent holds office for a term of one year
226226 expiring February 1, with the term of the initial student regent
227227 expiring February 1, 2024.
228228 (d) Any vacancy that occurs on the board shall be filled for
229229 the unexpired term by appointment of the governor.
230230 (e) Each member of the board shall take the constitutional
231231 oath of office.
232232 SECTION 10. Sections 105.051 and 105.052, Education Code,
233233 are amended to read as follows:
234234 Sec. 105.051. BOARD OF REGENTS. (a) The organization,
235235 control, and management of the University of North Texas System and
236236 each component institution of the system are [is] vested in a board
237237 of nine regents appointed by the governor and confirmed by the
238238 senate.
239239 (b) One of the board members must be a student regent
240240 serving under Section 51.355.
241241 Sec. 105.052. TERM OF OFFICE; REMOVAL; VACANCY. (a) The
242242 term of office of each regent other than the student regent is six
243243 years, with the terms of two or three regents, as applicable,
244244 expiring every two years.
245245 (b) The student regent holds office for a term of one year
246246 expiring February 1, with the term of the initial student regent
247247 expiring February 1, 2024.
248248 (c) A regent [Members of the board] may be removed from
249249 office for inefficiency or malfeasance of office.
250250 (d) Any vacancy that occurs on the board shall be filled by
251251 the governor for the unexpired term.
252252 SECTION 11. Sections 106.11 and 106.12, Education Code, are
253253 amended to read as follows:
254254 Sec. 106.11. BOARD OF REGENTS. (a) The government of the
255255 university is vested in a board of nine regents appointed by the
256256 governor with the advice and consent of the senate [Senate].
257257 (b) One of the regents must be a student regent serving
258258 under Section 51.356.
259259 Sec. 106.12. TERMS OF OFFICE. (a) Members of the board
260260 other than the student regent hold office for staggered terms of six
261261 years, with the terms of two or three regents, as applicable,
262262 [directors] expiring [on] February 1 of odd-numbered years.
263263 (b) The student regent holds office for a term of one year
264264 expiring February 1, with the term of the initial student regent
265265 expiring February 1, 2024.
266266 SECTION 12. Section 107.21, Education Code, is amended to
267267 read as follows:
268268 Sec. 107.21. BOARD OF REGENTS. (a) The board of regents of
269269 the university is composed of nine persons[, four of whom shall be
270270 women,] appointed by the governor with the advice and consent of the
271271 senate. Four of the regents must be women.
272272 (b) One of the regents must be a student regent serving
273273 under Section 51.356.
274274 (c) Each regent other than the student regent must [Each
275275 member of the board shall] be a qualified voter.
276276 (d) The regents [; and the members] shall be selected from
277277 different portions of the state.
278278 (e) The regents other than the student regent [members] hold
279279 office for staggered terms of six years, with the terms of two or
280280 three regents, as applicable, expiring February 1 of odd-numbered
281281 years.
282282 (f) The student regent holds office for a term of one year
283283 expiring February 1, with the term of the initial student regent
284284 expiring February 1, 2024.
285285 SECTION 13. Sections 109.002 and 109.003, Education Code,
286286 are amended to read as follows:
287287 Sec. 109.002. BOARD OF REGENTS. (a) The government,
288288 control, and direction of the policies of the university system and
289289 the component institutions are vested in a board of nine regents[,
290290 who shall be] appointed by the governor with the advice and consent
291291 of the senate.
292292 (b) One of the regents must be a student regent serving
293293 under Section 51.355.
294294 Sec. 109.003. BOARD MEMBERS: TERMS, VACANCIES. (a) The
295295 regents other than the student regent [Members of the board will]
296296 hold office for staggered terms of six years, with the terms of
297297 three members expiring [on] January 31 of odd-numbered years.
298298 (b) The student regent holds office for a term of one year
299299 expiring February 1, with the term of the initial student regent
300300 expiring February 1, 2024.
301301 (c) Any vacancy shall be filled for the unexpired portion of
302302 the term by appointment by the governor with the advice and consent
303303 of the senate.
304304 SECTION 14. Section 111.12, Education Code, is amended to
305305 read as follows:
306306 Sec. 111.12. APPOINTMENTS TO BOARD; TERMS. (a) The regents
307307 [Members of the board] are appointed by the governor with the advice
308308 and consent of the senate.
309309 (b) One of the regents must be a student regent serving
310310 under Section 51.355.
311311 (c) The term of office of each regent other than the student
312312 regent shall be six years[, except that in making the first
313313 appointments the governor shall appoint three members for six
314314 years, three members for four years, and three members for two
315315 years].
316316 (d) The student regent holds office for a term of one year
317317 expiring February 1, with the term of the initial student regent
318318 expiring February 1, 2024.
319319 (e) Any vacancy that occurs on the board shall be filled for
320320 the unexpired term by appointment of the governor.
321321 SECTION 15. (a) When the terms of members of the board of
322322 regents of a public university system expire February 1, 2023, one
323323 of the resulting vacancies on that board shall be filled by a
324324 student regent as provided by Section 51.355, Education Code, as
325325 amended by this Act, for a term expiring February 1, 2024, and the
326326 other two vacancies shall be filled for six-year terms as otherwise
327327 provided by law.
328328 (b) When the terms of members of the board of regents of a
329329 public university expire February 1, 2023, one of the resulting
330330 vacancies on that board shall be filled by a student regent as
331331 provided by Section 51.356, Education Code, as amended by this Act,
332332 for a term expiring February 1, 2024, and the other two vacancies
333333 shall be filled for six-year terms as otherwise provided by law.
334334 SECTION 16. The term of a nonvoting student regent
335335 appointed before the effective date of this Act to serve for a
336336 public university system or a public university for a term expiring
337337 May 1, 2023, expires on the date a voting student regent is
338338 appointed under Section 51.355 or 51.356, Education Code, as
339339 amended by this Act, to the board of regents of the system or
340340 university, as applicable.
341341 SECTION 17. This Act does not affect the term of a member of
342342 a board of regents of a public university system or a public
343343 university serving on the effective date of this Act.
344344 SECTION 18. This Act takes effect September 1, 2022, but
345345 only if the constitutional amendment proposed by the 87th
346346 Legislature, Regular Session, 2021, authorizing a student member of
347347 the board of regents of a public institution of higher education or
348348 public university system to serve a term that differs from the terms
349349 served by the other members of the board is approved by the voters.
350350 If that amendment is not approved by the voters, this Act has no
351351 effect.