MMA H.B. 805 75(R)BILL ANALYSIS


HIGHER EDUCATION
H.B. 805
By: Goolsby
4-27-97
Committee Report (Amended)



BACKGROUND 

As component universities in the state's large university systems grow and
diversify, a concern arises over the ability of a single governing board's
ability to effectively create policies that meet the needs of each
individual institution in the system.  Therefore, a need exists to give
component universities the ability to create policies through their own
individual policy boards while maintaining the university system board of
regents' authority over system-wide policy. 

PURPOSE

H.B. 805 would create a policy board for each component institution in a
Texas state university system and establishes the board's authority,
membership and rules. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 51.352(b), Education Code, by adding language
which includes policy boards in the governance of each institution of
higher education. 

SECTION 2.  Amends Subchapter G, Chapter 51, Education Code, by adding
Section 51.3522, to read as follows: 
 Sec. 51.3522. POLICY BOARD FOR CERTAIN INSTITUTIONS.  (a)  Establishes
policy boards for the components of the: 
  (1)  University of Texas System, excluding The University of Texas at
Austin; 
 (2)  Texas A&M University System, excluding Texas A&M University-College
Station; and, 
 (3)  Texas State University System, including Lamar University and its
related institutions; 
 (b)  States that a policy board may also serve another institution if it
is: 
  (1)  located in the same county; and
  (2)  a component of the same system.
 (c)  Establishes membership, terms, compensation, reimbursement, officers
and meeting times for the policy board. 
 (d)  Establishes meeting notice requirements for the policy board.
 (e)  Allows members to participate in both public and closed meetings of
the governing boards if they are considering or taking official action on
one of the following matters for an institution which the policy board
represents: 
  (1)  matters covered in Section 51.352(d)(1), (3) or (4);
  (2)  setting of tuition and fees;
  (3)  the establishment or discontinuation of a degree program, school,
college, or special program; 
  (4)  the budget;
  (5)  building or building acquisition;
  (6)  the personnel and employee compensation policy.
  (f)  Prohibits the governing board from acting on matters in Subsection
(e) without approval from a majority of the policy board members in a
public meeting or in writing. 
 (g)  States that policy boards are subject to the general laws of state
agencies' governing bodies and Chapter 551, Government Code, except in
certain circumstances. 

SECTION 3.  (a) Requires the governor to make appointments for policy
boards by January 1, 1998 and states the terms of the first members. 
(b) Prohibits a policy board from exercising its powers and duties before
January 1, 1998. 

SECTION 4.  Emergency clause.

EXPLANATION OF AMENDMENTS

COMMITTEE AMENDMENT NO. 1
Inserts a new Section 51.3522 that would give the president or other chief
executive officer the authority to establish, if so desired, a policy
board for the institution and would include, in addition to those
institutions already stated, Lamar University--Beaumont. 

Strikes SECTION 3 of the bill relating to certain provisions for the first
appointments to the policy boards and renumbers the bill text sections
accordingly.