By: Lucio S.B. No. 491
A BILL TO BE ENTITLED
AN ACT
1-1 relating to faculty representation on the governing boards of
1-2 certain institutions of higher education.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle B, Title 3, Education Code, is amended
1-5 by adding Chapter 63 to read as follows:
1-6 CHAPTER 63. FACULTY REPRESENTATION ON
1-7 GOVERNING BOARDS OF UNIVERSITY SYSTEMS
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 63.01. DEFINITIONS. In this chapter:
1-10 (1) "Advisory faculty liaison" means a faculty member
1-11 at an institution of higher education who is appointed under this
1-12 chapter to serve as a nonvoting member of a governing board.
1-13 (2) "Faculty senate" means the representative faculty
1-14 body elected by the faculty at each institution of higher
1-15 education.
1-16 (3) "Governing board" has the meaning assigned by
1-17 Section 61.003 of this code.
1-18 (4) "Member school" means a general academic teaching
1-19 institution or a medical and dental unit, as those terms are
1-20 defined by Section 61.003 of this code.
1-21 (5) "Program" means the faculty representation on
1-22 governing boards program established by this chapter.
1-23 (6) "University system" has the meaning assigned by
1-24 Section 61.003 of this code.
2-1 (Sections 63.02 to 63.20 reserved for expansion
2-2 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS; COUNCIL OF
2-3 FACULTY SENATORS
2-4 Sec. 63.21. ADVISORY FACULTY LIAISON. The governing board
2-5 of each university system shall include a nonvoting advisory
2-6 faculty liaison and an alternate advisory faculty liaison selected
2-7 in accordance with this chapter.
2-8 Sec. 63.22. SELECTION BY GOVERNOR. (a) The governor shall
2-9 select an advisory faculty liaison as a nonvoting member of the
2-10 governing board of each university system and shall select an
2-11 alternate advisory faculty liaison to serve in the absence of the
2-12 advisory faculty liaison.
2-13 (b) The advisory faculty liaison and the alternate advisory
2-14 faculty liaison shall be selected from a panel of nominees
2-15 submitted to the governor as provided by this chapter.
2-16 Sec. 63.23. ELIGIBILITY. (a) To be eligible for
2-17 appointment as an advisory faculty liaison or as an alternate
2-18 advisory faculty liaison, a person must:
2-19 (1) have been a member of the faculty for at least
2-20 seven years at the member school at which the person serves as a
2-21 faculty member;
2-22 (2) be tenured; and
2-23 (3) be a qualified voter of this state.
2-24 (b) A faculty member of a member school whose primary duty
2-25 is supervisory or managerial may not serve as an advisory faculty
2-26 liaison or as an alternate advisory faculty liaison under this
2-27 chapter.
3-1 Sec. 63.24. SINGLE-SCHOOL UNIVERSITY SYSTEMS. (a) For each
3-2 university system that consists of only one member school, the
3-3 faculty senate of the member school shall nominate three faculty
3-4 members to the governor who are each qualified to serve as an
3-5 advisory faculty liaison under Section 63.23 of this code and who
3-6 are members of the faculty senate.
3-7 (b) The nominees shall be elected by a majority vote of the
3-8 faculty senate at a meeting held in each January before the
3-9 expiration of the term of the advisory faculty liaison in office.
3-10 (c) Not less than twice annually, the faculty senate shall
3-11 provide the advisory faculty liaison and the alternate advisory
3-12 faculty liaison with information relating to the concerns of the
3-13 faculty at the member school that the advisory faculty liaison and
3-14 the alternate advisory faculty liaison represent.
3-15 Sec. 63.25. MULTI-SCHOOL UNIVERSITY SYSTEMS; COUNCIL OF
3-16 FACULTY SENATORS. (a) For each university system that consists of
3-17 more than one member school, a council of faculty senators is
3-18 created consisting of at least one faculty member from each member
3-19 school of the university system who is elected by a majority vote
3-20 of the faculty senate of the member school that the faculty member
3-21 represents.
3-22 (b) The election at each member school to select the
3-23 representatives to the council of faculty senators for each
3-24 university system that consists of more than one member school
3-25 shall be held in October of each year. Each representative to the
3-26 council of faculty senators serves for a two-year term. A vacancy
3-27 on the council of faculty senators shall be filled in the same
4-1 manner in which the original position is filled. A person who
4-2 fills a vacancy serves for the remainder of the unexpired term.
4-3 (c) The council of faculty senators for each university
4-4 system that consists of more than one member school shall nominate
4-5 three faculty members to the governor who are each eligible under
4-6 Section 63.23 of this code to serve as an advisory faculty liaison.
4-7 To be nominated, a faculty member must receive the favorable vote
4-8 of the council members present and voting at a meeting held in
4-9 January of each year before the expiration of the term of the
4-10 advisory faculty liaison in office.
4-11 (d) A faculty member may not be nominated by the council of
4-12 faculty senators to replace an advisory faculty liaison if the
4-13 prospective nominee serves at the same member school as the
4-14 advisory faculty liaison whose term is to expire.
4-15 (e) The council of faculty senators for each university
4-16 system that consists of more than one member school shall establish
4-17 its own bylaws in accordance with accepted procedures and elect
4-18 officers as the council considers necessary. Each council of
4-19 faculty senators shall meet at least twice a year and at least that
4-20 often provide the advisory faculty liaison and the alternate
4-21 advisory faculty liaison with information relating to the concerns
4-22 of the faculty at each member school in the university system.
4-23 Sec. 63.26. TERMS. An advisory faculty liaison and an
4-24 alternate advisory faculty liaison appointed under this chapter
4-25 each serve for two-year terms expiring March 1 of each odd-numbered
4-26 year.
4-27 Sec. 63.27. VACANCY. The governor shall fill a vacancy of
5-1 an advisory faculty liaison or an alternate advisory faculty
5-2 liaison by selecting a qualified faculty member of the same
5-3 university system to serve for the unexpired term.
5-4 Sec. 63.28. EXPENSES OF ADVISORY FACULTY LIAISON AND
5-5 ALTERNATE ADVISORY FACULTY LIAISON. (a) The advisory faculty
5-6 liaison and alternate advisory faculty liaison of each university
5-7 system each serve without compensation.
5-8 (b) Any costs incurred by the advisory faculty liaison or by
5-9 the alternate advisory faculty liaison shall be paid by the
5-10 advisory faculty liaison or by the alternate advisory faculty
5-11 liaison, as appropriate.
5-12 (Sections 63.29 to 63.40 reserved for expansion
5-13 SUBCHAPTER C. POWERS AND DUTIES OF ADVISORY FACULTY LIAISON
5-14 AND ALTERNATE ADVISORY FACULTY LIAISON
5-15 Sec. 63.41. NONVOTING LIAISON TO GOVERNING BOARD. (a) The
5-16 advisory faculty liaison shall represent the interests of
5-17 university system faculty and provide insight to the governing
5-18 board as to the perspective of university system faculty.
5-19 (b) Except as provided by Subsection (c) of this section,
5-20 the advisory faculty liaison has the same rights as a governing
5-21 board member to voice opinions, to make recommendations, or
5-22 otherwise to participate in all governing board meetings.
5-23 (c) An advisory faculty liaison may not:
5-24 (1) vote on any matter before the governing board; or
5-25 (2) attend an executive meeting of the governing
5-26 board, unless the advisory faculty liaison is invited by the
5-27 governing board to attend.
6-1 Sec. 63.42. ATTENDANCE AT GOVERNING BOARD MEETINGS. (a) An
6-2 advisory faculty liaison shall attend each regular meeting of the
6-3 governing board.
6-4 (b) If an advisory faculty liaison is unable to attend a
6-5 regular meeting of the governing board, the advisory faculty
6-6 liaison shall notify the alternate advisory faculty liaison and the
6-7 alternate advisory faculty liaison shall attend the meeting. An
6-8 alternate advisory faculty liaison has the same powers and duties
6-9 provided an advisory faculty liaison under Section 63.41 of this
6-10 code.
6-11 SECTION 2. (a) For each university system that consists of
6-12 only one member school, the first advisory faculty liaison nominees
6-13 shall be elected by a majority vote of the faculty senators at a
6-14 meeting conducted in January, 1994.
6-15 (b) For each university system that consists of more than
6-16 one member school, the first election at each component institution
6-17 of the university system to elect a representative to the council
6-18 of faculty senators created under this Act shall be held in
6-19 October, 1993. The initial representatives of the council of
6-20 faculty senators shall draw lots for terms so that, as near as
6-21 practicable, one-half serve for two years, and one-half serve for
6-22 one year.
6-23 (c) For each university system that consists of more than
6-24 one member school, the first advisory faculty liaison nominees
6-25 shall be elected by a majority vote of the council of faculty
6-26 senators for each university system at an election held in January,
6-27 1994.
7-1 (d) The governor shall appoint the first advisory faculty
7-2 liaisons and the first alternate advisory faculty liaisons under
7-3 Chapter 63, Education Code, as added by this Act, to begin terms on
7-4 March 1, 1994.
7-5 (e) This Act takes effect September 1, 1993.
7-6 SECTION 3. The importance of this legislation and the
7-7 crowded condition of the calendars in both houses create an
7-8 emergency and an imperative public necessity that the
7-9 constitutional rule requiring bills to be read on three several
7-10 days in each house be suspended, and this rule is hereby suspended.