By: Lucio S.B. No. 491
73R4180 SOS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to faculty representation on the governing boards of
1-3 certain institutions of higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter Z, Chapter 51, Education Code, is
1-6 amended by adding Section 51.929 to read as follows:
1-7 Sec. 51.929. FACULTY REPRESENTATION ON GOVERNING BOARD. (a)
1-8 In this section:
1-9 (1) "Faculty regent" means a faculty member at an
1-10 institution of higher education who is appointed under this section
1-11 to serve as a nonvoting member of a governing board.
1-12 (2) "Faculty senate" means the representative faculty
1-13 body elected by the faculty at each institution of higher
1-14 education.
1-15 (3) "Governing board" has the meaning assigned by
1-16 Section 61.003 of this code.
1-17 (4) "Institution of higher education" has the meaning
1-18 assigned by Section 61.003 of this code.
1-19 (5) "University system" has the meaning assigned by
1-20 Section 61.003 of this code.
1-21 (b) The governor shall appoint a faculty regent as a
1-22 nonvoting member of the governing board of each institution of
1-23 higher education for which the governor appoints the governing
1-24 board. The faculty member shall be selected from a panel of
2-1 nominees submitted to the governor as provided by this section.
2-2 (c) To be eligible for appointment as a faculty regent, a
2-3 person must:
2-4 (1) have been a member of the faculty for at least
2-5 seven years at the institution at which the person serves as a
2-6 faculty member;
2-7 (2) be tenured; and
2-8 (3) be a qualified voter of this state.
2-9 (d) A faculty member of an institution of higher education
2-10 whose primary duty is supervisory or managerial may not serve as a
2-11 faculty regent under this section.
2-12 (e) For each governing board that has the responsibility of
2-13 governing only one institution of higher education, the faculty
2-14 senate of the institution of higher education shall nominate three
2-15 faculty members to the governor who are qualified to serve as a
2-16 faculty regent under Subsection (c) of this section and who are
2-17 members of the faculty senate. The nominees shall be elected by a
2-18 majority vote of not less than one-half of the faculty senate at a
2-19 meeting held in each January before the expiration of the term of
2-20 the faculty regent in office. Not less than twice annually, the
2-21 faculty senate shall provide the faculty regent with information
2-22 relating to the concerns of the faculty at the institution that the
2-23 member represents.
2-24 (f) For each governing board of a university system, a
2-25 council of faculty senators is created consisting of one faculty
2-26 member from each component institution of the university system who
2-27 is elected by a majority vote of the faculty senate of the
3-1 component institution that the faculty member represents.
3-2 (g) The election at each component institution to select a
3-3 representative to the council of faculty senators for each
3-4 university system shall be held in October of each year. A
3-5 representative to the council of faculty senators serves for a
3-6 three-year term. A vacancy on the council of faculty senators
3-7 shall be filled in the same manner in which the original position
3-8 is filled. A person who fills a vacancy serves for the remainder
3-9 of the unexpired term.
3-10 (h) The council of faculty senators for each university
3-11 system shall nominate three faculty members to the governor who are
3-12 eligible under Subsection (c) of this section to serve as a faculty
3-13 regent. To be nominated, a faculty member must receive the
3-14 favorable vote of not less than two-thirds of the council members
3-15 present and voting at a meeting held in January of each year before
3-16 the expiration of the term of the faculty regent in office.
3-17 (i) A faculty member may not be nominated by the council of
3-18 faculty senators to replace a faculty regent if the prospective
3-19 nominee serves at the same component institution as the faculty
3-20 regent whose term is to expire.
3-21 (j) The council of faculty senators for each university
3-22 system shall establish its own bylaws in accordance with accepted
3-23 procedures and elect officers as the council considers necessary.
3-24 Each council of faculty senators shall meet at least twice a year
3-25 and at least that often provide the faculty regent with information
3-26 relating to the concerns of the faculty at each component
3-27 institution.
4-1 (k) A faculty regent appointed under this section serves for
4-2 a term of three years, with the term expiring March 1.
4-3 (l) The governor shall fill a faculty regent vacancy by
4-4 appointing a qualified faculty regent to serve for the unexpired
4-5 term.
4-6 (m) Except for voting privileges, a faculty regent has all
4-7 the rights and responsibilities of other governing board members.
4-8 SECTION 2. (a) For each governing board that has the
4-9 responsibility of governing only one institution of higher
4-10 education, the first faculty regent nominees shall be elected by a
4-11 majority vote of at least one-half of the faculty senators at a
4-12 meeting conducted in January 1994.
4-13 (b) For each governing board of a university system, the
4-14 first election at each component institution of the system to elect
4-15 a representative to the council of faculty senators created under
4-16 this Act shall be held in October 1993. The initial
4-17 representatives of the council of faculty senators shall draw lots
4-18 for terms so that, as near as practicable, one-third serve for
4-19 three years, one-third serve for two years, and one-third serve for
4-20 one year.
4-21 (c) For each governing board of a university system, the
4-22 first faculty regent nominees shall be elected by a majority vote
4-23 of two-thirds of the council of faculty senators for each
4-24 university system at an election held in January 1994.
4-25 (d) The governor shall appoint the first faculty regent
4-26 under Section 51.929, Education Code, as added by this Act, to
4-27 begin the regent's term on March 1, 1994.
5-1 (e) This Act takes effect September 1, 1993.
5-2 SECTION 3. The importance of this legislation and the
5-3 crowded condition of the calendars in both houses create an
5-4 emergency and an imperative public necessity that the
5-5 constitutional rule requiring bills to be read on three several
5-6 days in each house be suspended, and this rule is hereby suspended.