By Ogden H.B. No. 420
74R1263 SMH-D
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 public
1-5 institutions of higher education.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 51.352, Education Code, is amended by
1-8 adding Subsection (g) to read as follows:
1-9 (g) Each governing board of a general academic teaching
1-10 institution or university system that includes one or more general
1-11 academic teaching institutions shall set campus admission standards
1-12 under Subsection (d)(4) at a level sufficient to ensure that each
1-13 student admitted to the institution is prepared to do college-level
1-14 work when admitted.
1-15 SECTION 2. Chapter 51, Education Code, is amended by adding
1-16 Subchapter R to read as follows:
1-17 SUBCHAPTER R. LIMITATIONS ON GOVERNING BOARDS OF GENERAL
1-18 ACADEMIC TEACHING INSTITUTIONS
1-19 Sec. 51.731. APPLICATION. This subchapter applies to the
1-20 governing board of each general academic teaching institution and
1-21 university system that includes one or more general academic
1-22 teaching institutions.
1-23 Sec. 51.732. DEFINITIONS. In this subchapter, "general
1-24 academic teaching institution" and "university system" have the
2-1 meanings assigned by Section 61.003.
2-2 Sec. 51.733. LIMITATION ON EXPENDITURES BY GOVERNING BOARD.
2-3 (a) The legislature by appropriation shall determine the amount
2-4 each governing board may spend annually in the performance of its
2-5 duties. A governing board may not spend in the performance of its
2-6 duties money not expressly appropriated for that purpose.
2-7 (b) A governing board may spend an amount greater than the
2-8 amount provided by Subsection (a) if the expenditure is approved
2-9 under Chapter 317, Government Code.
2-10 (c) This section does not apply to money spent by a member
2-11 of a governing board on the member's own behalf in the performance
2-12 of the member's duties.
2-13 Sec. 51.734. REIMBURSEMENT OF MEMBER OF GOVERNING BOARD FOR
2-14 EXPENSES. A member of a governing board may not be reimbursed for
2-15 money the member spends on the member's own behalf in the
2-16 performance of the member's duties.
2-17 Sec. 51.735. NAMING OF BUILDING OR FACILITY BY GOVERNING
2-18 BOARD. A governing board may not name a building or other facility
2-19 or approve the naming of a building or other facility in honor of a
2-20 member of the board or a person related to a member of the board
2-21 within the first degree by affinity or consanguinity as determined
2-22 under Chapter 573, Government Code:
2-23 (1) while the member serves on the board; or
2-24 (2) before the fourth anniversary of the date the
2-25 member ceases to be a member of the board.
2-26 Sec. 51.736. EMPLOYMENT OF MEMBER OF GOVERNING BOARD BY
2-27 INSTITUTION OR SYSTEM. A general academic teaching institution or
3-1 university system may not employ a member of the governing board of
3-2 the institution or system or a person related to a member within
3-3 the first degree by affinity or consanguinity as determined under
3-4 Chapter 573, Government Code:
3-5 (1) as an administrator with supervisory or managerial
3-6 responsibilities:
3-7 (A) while the member serves on the board; or
3-8 (B) before the fourth anniversary of the date
3-9 the member ceases to be a member of the board; or
3-10 (2) as a faculty member or other employee:
3-11 (A) while the member serves on the board; or
3-12 (B) before the first anniversary of the date the
3-13 member ceases to be a member of the board.
3-14 Sec. 51.737. CONTRACTING WITH MEMBER OF GOVERNING BOARD BY
3-15 INSTITUTION OR SYSTEM. (a) A general academic teaching
3-16 institution or a university system may not enter into a contract
3-17 with a member of the governing board of the institution or system,
3-18 a person related to a member within the first degree by affinity or
3-19 consanguinity as determined under Chapter 573, Government Code, or
3-20 a business entity in which a member or a person related to a member
3-21 has a substantial interest:
3-22 (1) while the member serves on the board; or
3-23 (2) before the fourth anniversary of the date the
3-24 member ceases to be a member of the board.
3-25 (b) For the purposes of this section, a person has a
3-26 substantial interest in a business entity if the interest is
3-27 ownership of at least:
4-1 (1) five percent of the voting stock or shares of the
4-2 business entity;
4-3 (2) five percent of the fair market value of the
4-4 business entity; or
4-5 (3) $5,000 of the fair market value of the business
4-6 entity.
4-7 (c) In this section, "business entity" means a sole
4-8 proprietorship, partnership, joint venture, firm, corporation,
4-9 holding company, joint-stock company, receivership, trust, or other
4-10 entity recognized by law.
4-11 Sec. 51.738. CONSUMPTION AND SALE OF ALCOHOLIC BEVERAGES AT
4-12 FUNCTIONS OF GOVERNING BOARD. (a) Alcoholic beverages may not be
4-13 consumed:
4-14 (1) during a meeting of a governing board; or
4-15 (2) in the offices of a governing board, except at an
4-16 official social function of the board.
4-17 (b) Alcoholic beverages, other than beer and wine, may be
4-18 served at an official social function of a governing board only if
4-19 each drink is sold to the consumer at a cash bar or similar
4-20 arrangement operated at the function by a private holder of an
4-21 alcoholic beverage license or permit.
4-22 Sec. 51.739. TERM LIMITS. (a) A person who has been
4-23 appointed to or who has served on a governing board for a full
4-24 six-year term may not be appointed to or serve on that governing
4-25 board after that term. For the purposes of this subsection:
4-26 (1) a person is considered to be appointed to a full
4-27 term on a governing board if the person assumes office before the
5-1 end of the first year of the full term; and
5-2 (2) a person is considered to have served for a full
5-3 term if the person serves for at least five years and 185 days of
5-4 the full term.
5-5 (b) A person may not serve as the presiding officer of a
5-6 governing board for more than three years.
5-7 Sec. 51.740. REMOVAL OF MEMBER OF GOVERNING BOARD. It is a
5-8 ground for removal from a governing board if a member:
5-9 (1) is absent from each regularly scheduled board
5-10 meeting the member is eligible to attend during a six-month period;
5-11 (2) fails to comply with Section 61.083, as added by
5-12 Chapter 621, Acts of the 73rd Legislature, Regular Session, 1993;
5-13 (3) is finally convicted of a Class A or Class B
5-14 misdemeanor; or
5-15 (4) is indicted for or convicted of a felony.
5-16 SECTION 3. Section 54.051, Education Code, is amended by
5-17 adding Subsection (o) to read as follows:
5-18 (o) The governing board of a general academic teaching
5-19 institution or university system that includes one or more general
5-20 academic teaching institutions must hold a public hearing before
5-21 increasing a tuition rate it has the authority to determine under
5-22 this section.
5-23 SECTION 4. Subchapter E, Chapter 54, Education Code, is
5-24 amended by adding Section 54.542 to read as follows:
5-25 Sec. 54.542. PUBLIC HEARING BEFORE INCREASING FEE. The
5-26 governing board of a general academic teaching institution or
5-27 university system that includes one or more general academic
6-1 teaching institutions must hold a public hearing before increasing
6-2 the amount of a fee it has the authority to determine under this
6-3 subchapter.
6-4 SECTION 5. Section 61.066, Education Code, is amended by
6-5 adding Subsection (c) to read as follows:
6-6 (c) The board shall study the organization of the state's
6-7 general academic teaching institutions and university systems that
6-8 include one or more general academic teaching institutions and make
6-9 recommendations to the legislature not later than March 1, 1997,
6-10 concerning reorganization of those institutions and systems to
6-11 achieve maximum efficiency in the use of state money to operate the
6-12 state's system of higher education. In conducting the study, the
6-13 board shall consider assigning institutions that are not components
6-14 of a university system to a university system, assigning component
6-15 institutions of a university system to a different university
6-16 system, consolidating university systems, or establishing new
6-17 university systems. This subsection expires September 1, 1997.
6-18 SECTION 6. Sections 51.306 and 51.3061, Education Code, are
6-19 repealed.
6-20 SECTION 7. The change in law made by Section 51.739(a),
6-21 Education Code, as added by this Act, does not affect the
6-22 entitlement of a member of the governing board of a general
6-23 academic teaching institution or university system that includes
6-24 one or more general academic teaching institutions on the effective
6-25 date of this Act to continue to serve on the board for the
6-26 remainder of the member's term. The change in law made by that
6-27 section applies only to a term that begins on or after the
7-1 effective date of this Act.
7-2 SECTION 8. This Act takes effect September 1, 1995.
7-3 SECTION 9. The importance of this legislation and the
7-4 crowded condition of the calendars in both houses create an
7-5 emergency and an imperative public necessity that the
7-6 constitutional rule requiring bills to be read on three several
7-7 days in each house be suspended, and this rule is hereby suspended.