74R8784 E
By Ogden H.B. No. 420
Substitute the following for H.B. No. 420:
By Gallego C.S.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 general academic teaching institutions and university
1-4 systems and to testing and remedial education by general academic
1-5 teaching institutions and university systems.
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 AND UNIVERSITY SYSTEMS
1-10 SECTION 1.01. Section 51.306, Education Code, is amended by
1-11 amending Subsection (a) and adding Subsection (q) to read as
1-12 follows:
1-13 (a) In this section:
1-14 (1) "Board," "general academic teaching institution,"
1-15 <and> "institution of higher education," and "university system"
1-16 have the meanings 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 does not apply to a student who enters a
1-22 general academic teaching institution the governing board of which
1-23 has set campus admission standards for that institution at a level
1-24 sufficient to ensure that at least 95 percent of the students
2-1 admitted are prepared to do college-level work when admitted.
2-2 SECTION 1.02. Section 51.3061, Education Code, is amended by
2-3 amending Subsection (a) and adding Subsection (f) to read as
2-4 follows:
2-5 (a) In this section:
2-6 (1) "Agency" means the Central Education Agency.
2-7 (2) "Coordinating board" means the Texas Higher
2-8 Education Coordinating Board.
2-9 (3) "Deaf student" means a student who is a deaf
2-10 person, as defined by Section 54.205(a) of this code.
2-11 (4) "General academic teaching institution,"
2-12 "institution <Institution> of higher education," and "university
2-13 system" have <has> the meanings <meaning> assigned by Section
2-14 61.003 of this code.
2-15 (f) This section does not apply to a student who enters a
2-16 general academic teaching institution the governing board of which
2-17 has set campus admission standards for that institution as provided
2-18 by Section 51.352(g).
2-19 ARTICLE 2. LIMITATIONS ON GOVERNING BOARDS
2-20 OF GENERAL ACADEMIC TEACHING INSTITUTIONS AND
2-21 UNIVERSITY SYSTEMS
2-22 SECTION 2.01. Chapter 51, Education Code, is amended by
2-23 adding Subchapter R to read as follows:
2-24 SUBCHAPTER R. LIMITATIONS ON GOVERNING BOARDS OF GENERAL
2-25 ACADEMIC TEACHING INSTITUTIONS AND UNIVERSITY SYSTEMS
2-26 Sec. 51.731. APPLICATION. This subchapter applies to the
2-27 governing board of each general academic teaching institution and
3-1 of each university system that includes one or more general
3-2 academic teaching institutions.
3-3 Sec. 51.732. DEFINITIONS. In this subchapter, "general
3-4 academic teaching institution" and "university system" have the
3-5 meanings assigned by Section 61.003.
3-6 Sec. 51.733. LIMITATION ON EXPENDITURES BY GOVERNING BOARD.
3-7 (a) The legislature by appropriation shall determine the amount
3-8 each governing board may spend annually in the performance of its
3-9 duties. A governing board may not spend in the performance of its
3-10 duties money not expressly appropriated for that purpose.
3-11 (b) A governing board may spend an amount greater than the
3-12 amount provided by Subsection (a) if the expenditure is approved
3-13 under Chapter 317, Government Code.
3-14 (c) This section does not apply to money spent by a member
3-15 of a governing board on the member's own behalf in the performance
3-16 of the member's duties if the member is not reimbursed for that
3-17 expenditure.
3-18 Sec. 51.734. NAMING OF BUILDING OR FACILITY BY GOVERNING
3-19 BOARD. A governing board may not name a building or other facility
3-20 or approve the naming of a building or other facility in honor of a
3-21 member of the board or a person related to a member of the board
3-22 within the first degree by affinity or consanguinity as determined
3-23 under Chapter 573, Government Code:
3-24 (1) while the member serves on the board; or
3-25 (2) before the fourth anniversary of the date the
3-26 member ceases to be a member of the board.
3-27 Sec. 51.735. EMPLOYMENT OF MEMBER OF GOVERNING BOARD BY
4-1 INSTITUTION OR SYSTEM. (a) A general academic teaching
4-2 institution or a university system that includes one or more
4-3 general academic teaching institutions may not employ a member of
4-4 the governing board of the institution or system or a person
4-5 related to a member within the first degree by affinity or
4-6 consanguinity as determined under Chapter 573, Government Code, as
4-7 an administrator with supervisory or managerial responsibilities:
4-8 (1) while the member serves on the board; or
4-9 (2) before the fourth anniversary of the date the
4-10 member ceases to be a member of the board.
4-11 (b) A general academic teaching institution or a university
4-12 system that includes one or more general academic teaching
4-13 institutions may not employ a member of the governing board of the
4-14 institution or system as a faculty member or other employee:
4-15 (1) while the member serves on the board; or
4-16 (2) before the first anniversary of the date the
4-17 member ceases to be a member of the board.
4-18 Sec. 51.736. CONTRACTING WITH MEMBER OF GOVERNING BOARD BY
4-19 INSTITUTION OR SYSTEM. (a) A general academic teaching
4-20 institution or a university system that includes one or more
4-21 general academic teaching institutions may not enter into a
4-22 contract with a member of the governing board of the institution or
4-23 system, a person related to a member within the first degree by
4-24 affinity or consanguinity as determined under Chapter 573,
4-25 Government Code, or a business entity in which a member or a person
4-26 related to a member has a substantial interest:
4-27 (1) while the member serves on the board; or
5-1 (2) before the fourth anniversary of the date the
5-2 member ceases to be a member of the board.
5-3 (b) For the purposes of this section, a person has a
5-4 substantial interest in a business entity if the interest is
5-5 ownership of at least:
5-6 (1) five percent of the voting stock or shares of the
5-7 business entity; or
5-8 (2) five percent of the fair market value of the
5-9 business entity.
5-10 (c) This section does not apply to an employment contract.
5-11 (d) In this section, "business entity" means a sole
5-12 proprietorship, partnership, joint venture, firm, corporation,
5-13 holding company, joint-stock company, receivership, trust, or other
5-14 entity recognized by law.
5-15 Sec. 51.737. PURCHASE AND CONSUMPTION OF ALCOHOLIC
5-16 BEVERAGES. (a) Alcoholic beverages may be purchased for
5-17 consumption at a function of the governing board of a general
5-18 academic teaching institution or of a university system that
5-19 includes one or more general academic teaching institutions only
5-20 with money given to the institution or system for that express
5-21 purpose and deposited in an auditable account designated for that
5-22 purpose.
5-23 (b) Consumption of alcoholic beverages at a function of the
5-24 governing board of a general academic teaching institution or of a
5-25 university system that includes one or more general academic
5-26 teaching institutions is subject to the rules governing the
5-27 consumption of alcoholic beverages by students of the institution
6-1 or system.
6-2 Sec. 51.738. TERM LIMITS. (a) A person who has been
6-3 appointed to or who has served on a governing board for a full
6-4 six-year term may not be appointed to or serve on that governing
6-5 board after that term. For the purposes of this subsection:
6-6 (1) a person is considered to be appointed to a full
6-7 term on a governing board if the person assumes office before the
6-8 end of the first year of the full term; and
6-9 (2) a person is considered to have served for a full
6-10 term if the person serves for at least five years and 185 days of
6-11 the full term.
6-12 (b) A person may not serve as the presiding officer of a
6-13 governing board for more than three years.
6-14 Sec. 51.739. REMOVAL OF MEMBER OF GOVERNING BOARD. It is a
6-15 ground for removal from a governing board if a member:
6-16 (1) is absent from each regularly scheduled board
6-17 meeting the member is eligible to attend during a six-month period;
6-18 (2) violates a statute relating to the duties of a
6-19 member of a governing board, including Section 61.083, as added by
6-20 Chapter 621, Acts of the 73rd Legislature, Regular Session, 1993;
6-21 (3) is finally convicted of a Class A or Class B
6-22 misdemeanor; or
6-23 (4) is indicted for or convicted of a felony.
6-24 ARTICLE 3. REQUIREMENT OF HEARING BEFORE
6-25 INCREASING TUITION OR FEES OF GENERAL
6-26 ACADEMIC TEACHING INSTITUTION OR UNIVERSITY SYSTEM
6-27 SECTION 3.01. Section 54.051, Education Code, is amended by
7-1 adding Subsection (o) to read as follows:
7-2 (o) The governing board of a general academic teaching
7-3 institution or of a university system that includes one or more
7-4 general academic teaching institutions must hold a public hearing
7-5 before increasing a tuition rate it has the authority to determine
7-6 under this section.
7-7 SECTION 3.02. Subchapter E, Chapter 54, Education Code, is
7-8 amended by adding Section 54.542 to read as follows:
7-9 Sec. 54.542. PUBLIC HEARING BEFORE INCREASING FEE. The
7-10 governing board of a general academic teaching institution or of a
7-11 university system that includes one or more general academic
7-12 teaching institutions must hold a public hearing before increasing
7-13 the amount of a fee it has the authority to determine under this
7-14 subchapter.
7-15 ARTICLE 4. STUDY OF REORGANIZATION OF STATE'S
7-16 SYSTEM OF HIGHER EDUCATION
7-17 SECTION 4.01. JOINT SELECT COMMITTEE ON HIGHER EDUCATION
7-18 REORGANIZATION. (a) The Joint Select Committee on Higher
7-19 Education Reorganization consists of an even number of members
7-20 established jointly by the lieutenant governor and the speaker of
7-21 the house of representatives not to exceed six members, half of
7-22 whom are appointed by the lieutenant governor and half of whom are
7-23 appointed by the speaker.
7-24 (b) A member appointed by the lieutenant governor must be a
7-25 member of the senate. A member appointed by the speaker of the
7-26 house of representatives must be a member of the house of
7-27 representatives.
8-1 (c) The speaker and the lieutenant governor shall each
8-2 designate one member appointed by that person as co-presiding
8-3 officer.
8-4 (d) The committee shall meet at the call of the co-presiding
8-5 officers.
8-6 SECTION 4.02. PURPOSE AND DUTIES. (a) The committee shall
8-7 conduct a study to consider:
8-8 (1) the organization of the state's general academic
8-9 teaching institutions and university systems that include one or
8-10 more general academic teaching institutions;
8-11 (2) the state agencies to which any of the Texas
8-12 Higher Education Coordinating Board's duties should be transferred;
8-13 (3) the duties, if any, the Texas Higher Education
8-14 Coordinating Board should retain following the transfer; and
8-15 (4) any related matter the committee considers
8-16 appropriate.
8-17 (b) In conducting the study, the committee shall consider:
8-18 (1) assigning institutions that are not components of
8-19 a university system to a university system;
8-20 (2) assigning component institutions of a university
8-21 system to a different university system;
8-22 (3) consolidating university systems;
8-23 (4) establishing new university systems; or
8-24 (5) the resources and facilities of the state's
8-25 accredited private colleges and universities.
8-26 SECTION 4.03. REPORT. (a) The committee shall issue a
8-27 report of its study to the legislature not later than January 1,
9-1 1997. The report shall include recommendations concerning:
9-2 (1) reorganization of the state's general academic
9-3 teaching institutions and university systems that include one or
9-4 more general academic teaching institutions to achieve maximum
9-5 efficiency in the use of state money to operate the state's system
9-6 of higher education;
9-7 (2) the state agencies to which any of the Texas
9-8 Higher Education Coordinating Board's duties should be transferred;
9-9 and
9-10 (3) the duties, if any, the Texas Higher Education
9-11 Coordinating Board should retain following the transfer.
9-12 (b) The committee may issue additional reports as the
9-13 committee considers appropriate.
9-14 SECTION 4.04. STAFF AND ASSISTANCE. (a) The senate and
9-15 house of representatives shall provide the staff necessary to allow
9-16 the committee to perform its duties.
9-17 (b) If needed to perform the duties of the committee, the
9-18 committee may request information or assistance from any other
9-19 state agency or office. The agency or office shall provide the
9-20 requested assistance to the extent practicable.
9-21 SECTION 4.05. WITNESSES; PROCESS. (a) The committee may
9-22 issue a subpoena or other process to a witness at any place in this
9-23 state, compel the attendance of the witness, and compel the
9-24 production of a book, record, document, or instrument that the
9-25 committee requires. If necessary to obtain compliance with a
9-26 subpoena or other process, the committee may issue a writ of
9-27 attachment. A subpoena or other process issued by the committee
10-1 may be addressed to and served by any peace officer of this state
10-2 or any of its political subdivisions.
10-3 (b) The co-presiding officers jointly shall issue, in the
10-4 name of the committee, a subpoena or other process as the committee
10-5 directs. If a co-presiding officer is absent, the designee of the
10-6 co-presiding officer may join in issuing a subpoena or other
10-7 process in the same manner as the co-presiding officer.
10-8 (c) A witness attending proceedings of the committee under
10-9 process is entitled to the same mileage and per diem as a witness
10-10 before a grand jury in this state.
10-11 (d) The testimony given at any hearing conducted under this
10-12 article shall be given under oath subject to the penalties of
10-13 perjury.
10-14 SECTION 4.06. EXPENSES. The operating expenses of the
10-15 committee shall be paid from the contingent expense fund of the
10-16 senate and the contingent expense fund of the house of
10-17 representatives, as agreed by those entities. The committee
10-18 members are entitled to reimbursement from those funds for their
10-19 expenses incurred in carrying out this article.
10-20 SECTION 4.07. EXPIRATION. This article expires and the
10-21 committee is abolished September 1, 1997.
10-22 ARTICLE 5. TRANSITION; EFFECTIVE DATE;
10-23 EMERGENCY CLAUSE
10-24 SECTION 5.01. TRANSITION. The change in law made by Section
10-25 51.738(a), Education Code, as added by this Act, does not affect
10-26 the entitlement of a member of the governing board of a general
10-27 academic teaching institution or of a university system that
11-1 includes one or more general academic teaching institutions on the
11-2 effective date of this Act to continue to serve on the board for
11-3 the remainder of the member's term. The change in law made by that
11-4 section applies only to a term that begins on or after the
11-5 effective date of this Act.
11-6 SECTION 5.02. EFFECTIVE DATE. This Act takes effect
11-7 September 1, 1995.
11-8 SECTION 5.03. EMERGENCY. The importance of this legislation
11-9 and the crowded condition of the calendars in both houses create an
11-10 emergency and an imperative public necessity that the
11-11 constitutional rule requiring bills to be read on three several
11-12 days in each house be suspended, and this rule is hereby suspended.