1-1 By: Lucio S.B. No. 491
1-2 (In the Senate - Filed February 25, 1993; March 1, 1993, read
1-3 first time and referred to Committee on Education; April 15, 1993,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 7, Nays 1; April 15, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Ratliff x
1-9 Haley x
1-10 Barrientos x
1-11 Bivins x
1-12 Harris of Tarrant x
1-13 Luna x
1-14 Montford x
1-15 Shapiro x
1-16 Sibley x
1-17 Turner x
1-18 Zaffirini x
1-19 COMMITTEE SUBSTITUTE FOR S.B. No. 491 By: Zaffirini
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to faculty representation on the governing boards of
1-23 certain institutions of higher education.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Subtitle B, Title 3, Education Code, is amended
1-26 by adding Chapter 63 to read as follows:
1-27 CHAPTER 63. FACULTY REPRESENTATION ON
1-28 GOVERNING BOARDS OF UNIVERSITY SYSTEMS
1-29 SUBCHAPTER A. GENERAL PROVISIONS
1-30 Sec. 63.01. DEFINITIONS. In this chapter:
1-31 (1) "Advisory faculty liaison" means a faculty member
1-32 at an institution of higher education who is appointed under this
1-33 chapter to serve as a nonvoting member of a governing board.
1-34 (2) "Faculty senate" means the representative faculty
1-35 body elected by the faculty at each institution of higher
1-36 education.
1-37 (3) "Governing board" has the meaning assigned by
1-38 Section 61.003 of this code.
1-39 (4) "Member school" means a general academic teaching
1-40 institution or a medical and dental unit, as those terms are
1-41 defined by Section 61.003 of this code.
1-42 (5) "Program" means the faculty representation on
1-43 governing boards program established by this chapter.
1-44 (6) "University system" has the meaning assigned by
1-45 Section 61.003 of this code.
1-46 (Sections 63.02 to 63.20 reserved for expansion
1-47 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS; COUNCIL OF
1-48 FACULTY SENATORS
1-49 Sec. 63.21. ADVISORY FACULTY LIAISON. The governing board
1-50 of each university system shall include a nonvoting advisory
1-51 faculty liaison and an alternate advisory faculty liaison selected
1-52 in accordance with this chapter.
1-53 Sec. 63.22. SELECTION BY GOVERNOR. (a) The governor shall
1-54 select an advisory faculty liaison as a nonvoting member of the
1-55 governing board of each university system and shall select an
1-56 alternate advisory faculty liaison to serve in the absence of the
1-57 advisory faculty liaison.
1-58 (b) The advisory faculty liaison and the alternate advisory
1-59 faculty liaison shall be selected from a panel of nominees
1-60 submitted to the governor as provided by this chapter.
1-61 Sec. 63.23. ELIGIBILITY. (a) To be eligible for
1-62 appointment as an advisory faculty liaison or as an alternate
1-63 advisory faculty liaison, a person must:
1-64 (1) have been a member of the faculty for at least
1-65 seven years at the member school at which the person serves as a
1-66 faculty member;
1-67 (2) be tenured; and
1-68 (3) be a qualified voter of this state.
2-1 (b) A faculty member of a member school whose primary duty
2-2 is supervisory or managerial may not serve as an advisory faculty
2-3 liaison or as an alternate advisory faculty liaison under this
2-4 chapter.
2-5 Sec. 63.24. SINGLE-SCHOOL UNIVERSITY SYSTEMS. (a) For each
2-6 university system that consists of only one member school, the
2-7 faculty senate of the member school shall nominate three faculty
2-8 members to the governor who are each qualified to serve as an
2-9 advisory faculty liaison under Section 63.23 of this code and who
2-10 are members of the faculty senate.
2-11 (b) The nominees shall be elected by a majority vote of the
2-12 faculty senate at a meeting held in each January before the
2-13 expiration of the term of the advisory faculty liaison in office.
2-14 (c) Not less than twice annually, the faculty senate shall
2-15 provide the advisory faculty liaison and the alternate advisory
2-16 faculty liaison with information relating to the concerns of the
2-17 faculty at the member school that the advisory faculty liaison and
2-18 the alternate advisory faculty liaison represent.
2-19 Sec. 63.25. MULTI-SCHOOL UNIVERSITY SYSTEMS; COUNCIL OF
2-20 FACULTY SENATORS. (a) For each university system that consists of
2-21 more than one member school, a council of faculty senators is
2-22 created consisting of at least one faculty member from each member
2-23 school of the university system who is elected by a majority vote
2-24 of the faculty senate of the member school that the faculty member
2-25 represents.
2-26 (b) The election at each member school to select the
2-27 representatives to the council of faculty senators for each
2-28 university system that consists of more than one member school
2-29 shall be held in October of each year. Each representative to the
2-30 council of faculty senators serves for a two-year term. A vacancy
2-31 on the council of faculty senators shall be filled in the same
2-32 manner in which the original position is filled. A person who
2-33 fills a vacancy serves for the remainder of the unexpired term.
2-34 (c) The council of faculty senators for each university
2-35 system that consists of more than one member school shall nominate
2-36 three faculty members to the governor who are each eligible under
2-37 Section 63.23 of this code to serve as an advisory faculty liaison.
2-38 To be nominated, a faculty member must receive the favorable vote
2-39 of the council members present and voting at a meeting held in
2-40 January of each year before the expiration of the term of the
2-41 advisory faculty liaison in office.
2-42 (d) A faculty member may not be nominated by the council of
2-43 faculty senators to replace an advisory faculty liaison if the
2-44 prospective nominee serves at the same member school as the
2-45 advisory faculty liaison whose term is to expire.
2-46 (e) The council of faculty senators for each university
2-47 system that consists of more than one member school shall establish
2-48 its own bylaws in accordance with accepted procedures and elect
2-49 officers as the council considers necessary. Each council of
2-50 faculty senators shall meet at least twice a year and at least that
2-51 often provide the advisory faculty liaison and the alternate
2-52 advisory faculty liaison with information relating to the concerns
2-53 of the faculty at each member school in the university system.
2-54 Sec. 63.26. TERMS. An advisory faculty liaison and an
2-55 alternate advisory faculty liaison appointed under this chapter
2-56 each serve for two-year terms expiring March 1 of each odd-numbered
2-57 year.
2-58 Sec. 63.27. VACANCY. The governor shall fill a vacancy of
2-59 an advisory faculty liaison or an alternate advisory faculty
2-60 liaison by selecting a qualified faculty member of the same
2-61 university system to serve for the unexpired term.
2-62 Sec. 63.28. EXPENSES OF ADVISORY FACULTY LIAISON AND
2-63 ALTERNATE ADVISORY FACULTY LIAISON. (a) The advisory faculty
2-64 liaison and alternate advisory faculty liaison of each university
2-65 system each serve without compensation.
2-66 (b) Any costs incurred by the advisory faculty liaison or by
2-67 the alternate advisory faculty liaison of a university system
2-68 consisting of more than one member school shall be paid by:
2-69 (1) the advisory faculty liaison or by the alternate
2-70 advisory faculty liaison, as appropriate;
3-1 (2) each member school in equal shares; or
3-2 (3) the university system.
3-3 (c) Any costs incurred by the advisory faculty liaison or by
3-4 the alternate advisory faculty liaison of a university system
3-5 consisting of only one member school shall be paid by the advisory
3-6 faculty liaison or by the alternate advisory faculty liaison, as
3-7 appropriate, or by the member school.
3-8 (Sections 63.29 to 63.40 reserved for expansion
3-9 SUBCHAPTER C. POWERS AND DUTIES OF ADVISORY FACULTY LIAISON
3-10 AND ALTERNATE ADVISORY FACULTY LIAISON
3-11 Sec. 63.41. NONVOTING LIAISON TO GOVERNING BOARD. (a) The
3-12 advisory faculty liaison shall represent the interests of
3-13 university system faculty and provide insight to the governing
3-14 board as to the perspective of university system faculty.
3-15 (b) Except as provided by Subsection (c) of this section,
3-16 the advisory faculty liaison has the same rights as a governing
3-17 board member to voice opinions, to make recommendations, or
3-18 otherwise to participate in all governing board meetings.
3-19 (c) An advisory faculty liaison may not:
3-20 (1) vote on any matter before the governing board; or
3-21 (2) attend an executive meeting of the governing
3-22 board, unless the advisory faculty liaison is invited by the
3-23 governing board to attend.
3-24 Sec. 63.42. ATTENDANCE AT GOVERNING BOARD MEETINGS. (a) An
3-25 advisory faculty liaison shall attend each regular meeting of the
3-26 governing board.
3-27 (b) If an advisory faculty liaison is unable to attend a
3-28 regular meeting of the governing board, the advisory faculty
3-29 liaison shall notify the alternate advisory faculty liaison and the
3-30 alternate advisory faculty liaison shall attend the meeting. An
3-31 alternate advisory faculty liaison has the same powers and duties
3-32 provided an advisory faculty liaison under Section 63.41 of this
3-33 code.
3-34 SECTION 2. (a) For each university system that consists of
3-35 only one member school, the first advisory faculty liaison nominees
3-36 shall be elected by a majority vote of the faculty senators at a
3-37 meeting conducted in January, 1994.
3-38 (b) For each university system that consists of more than
3-39 one member school, the first election at each component institution
3-40 of the university system to elect a representative to the council
3-41 of faculty senators created under this Act shall be held in
3-42 October, 1993. The initial representatives of the council of
3-43 faculty senators shall draw lots for terms so that, as near as
3-44 practicable, one-half serve for two years, and one-half serve for
3-45 one year.
3-46 (c) For each university system that consists of more than
3-47 one member school, the first advisory faculty liaison nominees
3-48 shall be elected by a majority vote of the council of faculty
3-49 senators for each university system at an election held in January,
3-50 1994.
3-51 (d) The governor shall appoint the first advisory faculty
3-52 liaisons and the first alternate advisory faculty liaisons under
3-53 Chapter 63, Education Code, as added by this Act, to begin terms on
3-54 March 1, 1994.
3-55 (e) This Act takes effect September 1, 1993.
3-56 SECTION 3. The importance of this legislation and the
3-57 crowded condition of the calendars in both houses create an
3-58 emergency and an imperative public necessity that the
3-59 constitutional rule requiring bills to be read on three several
3-60 days in each house be suspended, and this rule is hereby suspended.
3-61 * * * * *
3-62 Austin,
3-63 Texas
3-64 April 15, 1993
3-65 Hon. Bob Bullock
3-66 President of the Senate
3-67 Sir:
3-68 We, your Committee on Education to which was referred S.B. No. 491,
3-69 have had the same under consideration, and I am instructed to
3-70 report it back to the Senate with the recommendation that it do not
4-1 pass, but that the Committee Substitute adopted in lieu thereof do
4-2 pass and be printed.
4-3 Ratliff,
4-4 Chairman
4-5 * * * * *
4-6 WITNESSES
4-7 FOR AGAINST ON
4-8 ___________________________________________________________________
4-9 Name: William J. Winslade x
4-10 Representing: University of Texas
4-11 City: Galveston
4-12 -------------------------------------------------------------------
4-13 Name: Dr. Charles Zucker x
4-14 Representing: Texas Faculty Association
4-15 City: Austin
4-16 -------------------------------------------------------------------
4-17 Name: Waneen Spirduso x
4-18 Representing: University of Texas Austin
4-19 City: Austin
4-20 -------------------------------------------------------------------
4-21 Name: John M. Davis x
4-22 Representing: Tx Assoc. of College Teachers
4-23 City: San Marcos
4-24 -------------------------------------------------------------------
4-25 Name: Mike Fowler x
4-26 Representing: Tx Assoc of College Teachers
4-27 City: Austin
4-28 -------------------------------------------------------------------