By Ogden H.B. No. 420
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the admission standards, tuition, fees, and governing
1-3 boards of institutions of higher education and university systems
1-4 and to testing and remedial education by general academic teaching
1-5 institutions.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1. ADMISSION STANDARDS OF AND TESTING AND REMEDIAL
1-8 EDUCATION BY GENERAL ACADEMIC TEACHING INSTITUTIONS
1-9 SECTION 1.01. Section 51.306, Education Code, is amended by
1-10 amending Subsection (a) and adding Subsections (q)-(t) to read as
1-11 follows:
1-12 (a) In this section:
1-13 (1) "Board," "general academic teaching institution,"
1-14 <and> "institution of higher education," and "private or
1-15 independent institution of higher education" have the meanings
1-16 assigned by Section 61.003 of this code.
1-17 (2) "Deaf student" means a student who is a deaf
1-18 person as defined by Section 54.205(a) of this code.
1-19 (3) "Blind student" means a student who is a blind
1-20 person as defined by Section 54.205(a) of this code.
1-21 (q) This section is optional for students who meet or exceed
1-22 campus admission standards at general academic teaching
1-23 institutions at which the governing boards in their sole discretion
1-24 have set campus admission standards that assure at least 90 percent
2-1 of the students admitted are prepared to do college-level work.
2-2 (r) This section does not apply to a student at an
2-3 institution of higher education who:
2-4 (1) enrolls on a temporary basis in the institution of
2-5 higher education; and
2-6 (2) is also enrolled in a private or independent
2-7 institution of higher education or an out-of-state institution of
2-8 higher education or has graduated from an institution of higher
2-9 education, a private or independent institution of higher
2-10 education, or an out-of-state institution of higher education.
2-11 (s) To receive an exemption under Subsection (r), a student
2-12 must:
2-13 (1) if the student claims the exemption because the
2-14 student is also enrolled in a private or independent institution of
2-15 higher education or an out-of-state institution of higher
2-16 education, present to the institution of higher education at which
2-17 the student seeks the exemption as evidence of enrollment in the
2-18 other institution:
2-19 (A) a transcript, grade report, or paid fee
2-20 receipt from the preceding semester; or
2-21 (B) any other evidence acceptable to the
2-22 institution of higher education as proof of enrollment in the other
2-23 institution;
2-24 (2) if the student claims the exemption because the
2-25 student has graduated from an institution of higher education, a
2-26 private or independent institution of higher education, or an
2-27 out-of-state institution of higher education, present to the
3-1 institution of higher education at which the student seeks the
3-2 exemption as evidence of graduation from the other institution a
3-3 diploma or transcript; and
3-4 (3) sign a form stating that the student does not
3-5 intend to enroll on a permanent basis in or receive a certificate
3-6 or degree from the institution of higher education at which the
3-7 student seeks the exemption.
3-8 (t) An exemption under Subsection (r) terminates if the
3-9 student:
3-10 (1) enrolls on a permanent basis in the institution of
3-11 higher education; or
3-12 (2) enrolls in a certificate or degree program at the
3-13 institution of higher education.
3-14 SECTION 1.02. Section 51.3061, Education Code, is amended by
3-15 amending Subsection (a) and adding Subsection (f) to read as
3-16 follows:
3-17 (a) In this section:
3-18 (1) "Agency" means the Central Education Agency.
3-19 (2) "Coordinating board" means the Texas Higher
3-20 Education Coordinating Board.
3-21 (3) "Deaf student" means a student who is a deaf
3-22 person, as defined by Section 54.205(a) of this code.
3-23 (4) "General academic teaching institution" and
3-24 "institution <Institution> of higher education" have <has> the
3-25 meanings <meaning> assigned by Section 61.003 of this code.
3-26 (f) This section is optional for students who meet or exceed
3-27 campus admission standards at general academic teaching
4-1 institutions at which the governing boards in their sole discretion
4-2 have set campus admission standards that assure at least 90 percent
4-3 of the students admitted are prepared to do college-level work.
4-4 ARTICLE 2. LIMITATIONS ON GOVERNING BOARDS
4-5 OF GENERAL ACADEMIC TEACHING INSTITUTIONS AND
4-6 UNIVERSITY SYSTEMS
4-7 SECTION 2.01. Chapter 51, Education Code, is amended by
4-8 adding Subchapter R to read as follows:
4-9 SUBCHAPTER R. LIMITATIONS ON GOVERNING BOARDS OF GENERAL
4-10 ACADEMIC TEACHING INSTITUTIONS AND UNIVERSITY SYSTEMS
4-11 Sec. 51.731. APPLICATION. This subchapter applies to the
4-12 governing board of each general academic teaching institution and
4-13 of each university system that includes one or more general
4-14 academic teaching institutions.
4-15 Sec. 51.732. DEFINITIONS. In this subchapter, "general
4-16 academic teaching institution" and "university system" have the
4-17 meanings assigned by Section 61.003.
4-18 Sec. 51.733. LIMITATION ON EXPENDITURES BY GOVERNING BOARD.
4-19 (a) The legislature by appropriation shall determine the amount
4-20 each governing board may spend annually in the performance of its
4-21 duties. A governing board may not spend in the performance of its
4-22 duties money not expressly appropriated for that purpose.
4-23 (b) A governing board may spend an amount greater than the
4-24 amount provided by Subsection (a) if the expenditure is approved
4-25 under Chapter 317, Government Code.
4-26 (c) This section does not apply to money spent by a member
4-27 of a governing board on the member's own behalf in the performance
5-1 of the member's duties if the member is not reimbursed for that
5-2 expenditure.
5-3 Sec. 51.734. NAMING OF BUILDING OR FACILITY BY GOVERNING
5-4 BOARD. A governing board may not name a building or other facility
5-5 or approve the naming of a building or other facility in honor of a
5-6 member of the board or a person related to a member of the board
5-7 within the first degree by affinity or consanguinity as determined
5-8 under Chapter 573, Government Code:
5-9 (1) while the member serves on the board; or
5-10 (2) before the fourth anniversary of the date the
5-11 member ceases to be a member of the board.
5-12 Sec. 51.735. EMPLOYMENT OF MEMBER OF GOVERNING BOARD BY
5-13 INSTITUTION OR SYSTEM. (a) A general academic teaching
5-14 institution or a university system that includes one or more
5-15 general academic teaching institutions may not employ a member of
5-16 the governing board of the institution or system or a person
5-17 related to a member within the first degree by affinity or
5-18 consanguinity as determined under Chapter 573, Government Code, as
5-19 an administrator with supervisory or managerial responsibilities:
5-20 (1) while the member serves on the board; or
5-21 (2) before the fourth anniversary of the date the
5-22 member ceases to be a member of the board.
5-23 (b) A general academic teaching institution or a university
5-24 system that includes one or more general academic teaching
5-25 institutions may not employ a member of the governing board of the
5-26 institution or system as a faculty member or other employee:
5-27 (1) while the member serves on the board; or
6-1 (2) before the first anniversary of the date the
6-2 member ceases to be a member of the board.
6-3 Sec. 51.736. CONTRACTING WITH MEMBER OF GOVERNING BOARD BY
6-4 INSTITUTION OR SYSTEM. (a) A general academic teaching
6-5 institution or a university system that includes one or more
6-6 general academic teaching institutions may not enter into a
6-7 contract with a member of the governing board of the institution or
6-8 system, a person related to a member within the first degree by
6-9 affinity or consanguinity as determined under Chapter 573,
6-10 Government Code, or a business entity in which a member or a person
6-11 related to a member has a substantial interest:
6-12 (1) while the member serves on the board; or
6-13 (2) before the fourth anniversary of the date the
6-14 member ceases to be a member of the board.
6-15 (b) For the purposes of this section, a person has a
6-16 substantial interest in a business entity if the interest is
6-17 ownership of at least:
6-18 (1) five percent of the voting stock or shares of the
6-19 business entity; or
6-20 (2) five percent of the fair market value of the
6-21 business entity.
6-22 (c) This section does not apply to an employment contract.
6-23 (d) In this section, "business entity" means a sole
6-24 proprietorship, partnership, joint venture, firm, corporation,
6-25 holding company, joint-stock company, receivership, trust, or other
6-26 entity recognized by law.
6-27 Sec. 51.737. PURCHASE AND CONSUMPTION OF ALCOHOLIC
7-1 BEVERAGES. (a) Alcoholic beverages may be purchased for
7-2 consumption at a function of the governing board of a general
7-3 academic teaching institution or of a university system that
7-4 includes one or more general academic teaching institutions only
7-5 with money given to the institution or system for that express
7-6 purpose and deposited in an auditable account designated for that
7-7 purpose.
7-8 (b) Consumption of alcoholic beverages at a function of the
7-9 governing board of a general academic teaching institution or of a
7-10 university system that includes one or more general academic
7-11 teaching institutions is subject to the rules governing the
7-12 consumption of alcoholic beverages by students of the institution
7-13 or system.
7-14 Sec. 51.738. TERM LIMITS. (a) A person who has been
7-15 appointed to or who has served on a governing board for a full
7-16 six-year term may not be appointed to or serve on that governing
7-17 board after that term. For the purposes of this subsection:
7-18 (1) a person is considered to be appointed to a full
7-19 term on a governing board if the person assumes office before the
7-20 end of the first year of the full term; and
7-21 (2) a person is considered to have served for a full
7-22 term if the person serves for at least five years and 185 days of
7-23 the full term.
7-24 (b) A person may not serve as the presiding officer of a
7-25 governing board for more than three years.
7-26 Sec. 51.739. REMOVAL OF MEMBER OF GOVERNING BOARD. It is a
7-27 ground for removal from a governing board if a member:
8-1 (1) is absent from each regularly scheduled board
8-2 meeting the member is eligible to attend during a six-month period;
8-3 (2) violates a statute relating to the duties of a
8-4 member of a governing board, including Section 61.083, as added by
8-5 Chapter 621, Acts of the 73rd Legislature, Regular Session, 1993;
8-6 (3) is finally convicted of a Class A or Class B
8-7 misdemeanor; or
8-8 (4) is indicted for or convicted of a felony.
8-9 SECTION 2.02. Subchapter A, Chapter 130, Education Code, is
8-10 amended by adding Section 130.008 to read as follows:
8-11 Sec. 130.008. NAMING OF BUILDING OR FACILITY BY GOVERNING
8-12 BOARD. Section 51.734 applies to the governing board of a public
8-13 junior college to the same extent as the governing board of a
8-14 general academic teaching institution.
8-15 ARTICLE 3. REQUIREMENT OF HEARING BEFORE
8-16 INCREASING TUITION OR FEES OF GENERAL
8-17 ACADEMIC TEACHING INSTITUTION OR UNIVERSITY SYSTEM
8-18 SECTION 3.01. Section 54.051, Education Code, is amended by
8-19 adding Subsection (o) to read as follows:
8-20 (o) The governing board of a general academic teaching
8-21 institution or of a university system that includes one or more
8-22 general academic teaching institutions must hold a public hearing
8-23 before increasing a tuition rate it has the authority to determine
8-24 under this section.
8-25 SECTION 3.02. Subchapter E, Chapter 54, Education Code, is
8-26 amended by adding Section 54.542 to read as follows:
8-27 Sec. 54.542. PUBLIC HEARING BEFORE INCREASING FEE. The
9-1 governing board of a general academic teaching institution or of a
9-2 university system that includes one or more general academic
9-3 teaching institutions must hold a public hearing before increasing
9-4 the amount of a fee it has the authority to determine under this
9-5 subchapter.
9-6 ARTICLE 4. TRANSITION; EFFECTIVE DATE;
9-7 EMERGENCY CLAUSE
9-8 SECTION 4.01. TRANSITION. The change in law made by Section
9-9 51.738(a), Education Code, as added by this Act, does not affect
9-10 the entitlement of a member of the governing board of a general
9-11 academic teaching institution or of a university system that
9-12 includes one or more general academic teaching institutions on the
9-13 effective date of this Act to continue to serve on the board for
9-14 the remainder of the member's term. The change in law made by that
9-15 section applies only to a term that begins on or after the
9-16 effective date of this Act.
9-17 SECTION 4.02. EFFECTIVE DATE. This Act takes effect
9-18 September 1, 1995.
9-19 SECTION 4.03. EMERGENCY. The importance of this legislation
9-20 and the crowded condition of the calendars in both houses create an
9-21 emergency and an imperative public necessity that the
9-22 constitutional rule requiring bills to be read on three several
9-23 days in each house be suspended, and this rule is hereby suspended.