87R11921 KJE-D
By: Crockett H.B. No. 3164
A BILL TO BE ENTITLED
AN ACT
relating to student members of the board of regents of a public
university system or public 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), (e), and (i) and adding Subsections (e-1)
and (e-2) 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, but may not appoint a
student regent who did not submit an application to the student
government of a general academic teaching institution or medical
and dental unit in the system as described by this subsection.
(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, 2023.
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, 2024.
(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, 2023. This subsection
expires September 1, 2024.
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), (f), and (i) and adding Subsections (f-1)
and (f-2) 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, but
may not appoint a student regent who did not submit an application
to the student government of the institution as described by this
subsection.
(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, 2023.
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, 2024.
(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, 2023. This subsection
expires September 1, 2024.
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, 2024.
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, 2024.
SECTION 7. Subchapter A, Chapter 95, Education Code, is
amended by amending Section 95.02 and adding Section 95.021 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. 95.021. 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, 2024.
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, 2024.
(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, 2024.
(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, 2024.
(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, 2024.
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, 2024.
SECTION 13. Sections 109.002 and 109.003, Education Code,
are amended to read as follows:
Sec. 109.002. BOARD OF REGENTS. (a) The government,
control, and direction of the policies of the university system and
the component institutions 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. 109.003. BOARD MEMBERS: TERMS, VACANCIES. (a) The
regents other than the student regent [Members of the board will]
hold office for staggered terms of six years, with the terms of
three members expiring [on] January 31 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, 2024.
(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, 2024.
(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 public university system expire February 1, 2023, 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, 2024, 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
public university expire February 1, 2023, 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, 2024, 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
public university system or a public university for a term expiring
May 1, 2023, 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 public university system or a public
university serving on the effective date of this Act.
SECTION 18. This Act takes effect September 1, 2022, but
only if the constitutional amendment proposed by the 87th
Legislature, Regular Session, 2021, authorizing a student member of
the board of regents of a public institution of higher education or
public university system to serve a term that differs from the terms
served by the other members of the board is approved by the voters.
If that amendment is not approved by the voters, this Act has no
effect.