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.