By Goolsby H.B. No. 805 75R1551 JSA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to establishing policy boards for certain public 1-3 institutions of higher education to assist in the governance of 1-4 those institutions. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 51.352(b), Education Code, is amended to 1-7 read as follows: 1-8 (b) The governing board of an institution of higher 1-9 education shall provide the policy direction for each institution 1-10 of higher education under its management and control, subject to 1-11 the approval of the institution's policy board in certain matters 1-12 as provided by Section 51.3522, if a policy board for the 1-13 institution is established under that section. 1-14 SECTION 2. Subchapter G, Chapter 51, Education Code, is 1-15 amended by adding Section 51.3522 to read as follows: 1-16 Sec. 51.3522. POLICY BOARD FOR CERTAIN INSTITUTIONS. (a) A 1-17 policy board is established for the following institutions of 1-18 higher education: 1-19 (1) each general academic teaching institution in The 1-20 University of Texas System other than The University of Texas at 1-21 Austin; 1-22 (2) each general academic teaching institution in The 1-23 Texas A&M University System other than Texas A&M University, Main 1-24 University at College Station; and 2-1 (3) each general academic teaching institution in the 2-2 Texas State University System, with Lamar University and its 2-3 related institutions under Subchapter E, Chapter 96, treated as a 2-4 single general academic teaching institution. 2-5 (b) A policy board for an institution described by 2-6 Subsection (a) also serves as the policy board for any other 2-7 institution of higher education that is: 2-8 (1) located in the same county as the institution 2-9 described by Subsection (a); and 2-10 (2) a component of the same university system as the 2-11 institution described by Subsection (a). 2-12 (c) A policy board consists of six members appointed by the 2-13 governor with the advice and consent of the senate. The members 2-14 hold office for staggered terms of six years, with the terms of two 2-15 members expiring on February 1 of each odd-numbered year. The 2-16 members of a policy board serve without compensation but are 2-17 entitled to reimbursement for expenses directly incurred in 2-18 attending meetings of the governing board of the institution for 2-19 which the policy board is established. The members of each policy 2-20 board shall elect a presiding officer and any other officers from 2-21 its members to serve at the will of the policy board. The policy 2-22 board may meet at the times the chair or a majority of its members 2-23 determines appropriate. 2-24 (d) The governing board of an institution must provide the 2-25 members of the institution's policy board with the same notice of 2-26 the agenda, meetings, and other official activities of the 2-27 governing board that is provided to a member of the governing 3-1 board. 3-2 (e) The members of a policy board may be present and 3-3 participate in discussions at a meeting of the governing board, 3-4 including a meeting closed to the public, within reasonable 3-5 guidelines established by the governing board for that 3-6 participation, when the governing board is considering or taking 3-7 official action on one of the following matters for an institution 3-8 for which the policy board is established: 3-9 (1) a matter covered by Section 51.352(d)(1), (3), or 3-10 (4); 3-11 (2) the setting of tuition or fees; 3-12 (3) the establishment or discontinuation of a degree 3-13 program, school or college, or special program; 3-14 (4) the budget; 3-15 (5) the building or acquisition of a new building; or 3-16 (6) a general personnel or compensation policy for 3-17 faculty or staff. 3-18 (f) The governing board of an institution for which a policy 3-19 board is established may not take official action in a matter 3-20 listed in Subsection (e) that applies to the institution without 3-21 the approval of a majority of the members of the policy board for 3-22 the institution. The approval may be obtained in writing or may be 3-23 obtained by a vote taken at a public meeting. 3-24 (g) A policy board is subject to the general laws applicable 3-25 to the governing body of a state agency, including Chapter 551, 3-26 Government Code, except that the policy board is not required to 3-27 give notice of a meeting of the policy board if the meeting is 4-1 conducted concurrently with a meeting of the governing board of the 4-2 institution for which the policy board is established and relates 4-3 only to items covered by the public notice of the meeting given by 4-4 the governing board. 4-5 SECTION 3. (a) The governor shall appoint the initial 4-6 members of the policy board for each institution for which a policy 4-7 board is established by Section 51.3522, Education Code, as added 4-8 by this Act, not later than January 1, 1998. In making the initial 4-9 appointments to a policy board, the governor shall appoint two 4-10 members to terms expiring February 1, 1999, two members to terms 4-11 expiring February 1, 2001, and two members to terms expiring 4-12 February 1, 2003. 4-13 (b) The policy board for an institution of higher education 4-14 established by Section 51.3522, Education Code, as added by this 4-15 Act, may not exercise its powers and duties under that section 4-16 before January 1, 1998. 4-17 SECTION 4. The importance of this legislation and the 4-18 crowded condition of the calendars in both houses create an 4-19 emergency and an imperative public necessity that the 4-20 constitutional rule requiring bills to be read on three several 4-21 days in each house be suspended, and this rule is hereby suspended, 4-22 and that this Act take effect and be in force from and after its 4-23 passage, and it is so enacted.