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.