By Ogden                                        H.J.R. No. 43

      75R2020 JSA-D                           

                                 A JOINT RESOLUTION

 1-1     proposing a constitutional amendment to authorize the removal of a

 1-2     member of the governing body of a public institution of higher

 1-3     education.

 1-4           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Article XV, Texas Constitution, is amended by

 1-6     adding Section 10 to read as follows:

 1-7           Sec. 10.   (a)  In addition to the other procedures provided

 1-8     by law for removal of a public officer, the governor by order may

 1-9     remove a member of the governing board of a public institution of

1-10     higher education for good cause if the position is regularly filled

1-11     by appointment of the governor.

1-12           (b)  An order to remove a board member under this section

1-13     must state the good cause for which the board member is to be

1-14     removed.  The order is effective on the 15th day after the date the

1-15     order is issued, unless before that date the board member appeals

1-16     the removal as provided by law.  An appeal is to the district court

1-17     in Travis County, unless the legislature by general law provides an

1-18     alternative method of appeal.  A court or other appellate entity

1-19     shall uphold the governor's order if reasonable evidence exists

1-20     supporting the good cause stated in the order.

1-21           (c)  For purposes of this section, good cause means:

1-22                 (1)  a serious violation of a law relating to the board

1-23     member's official duties as a member of the governing board or to

1-24     the conduct of public officials generally;

 2-1                 (2)  gross or persistent failure to perform the board

 2-2     member's duties as a member of the board;

 2-3                 (3)  conduct that is reasonably likely to undermine the

 2-4     public's trust in the board member; or

 2-5                 (4)  conduct that constitutes a felony or a crime of

 2-6     moral turpitude, whether or not the board member is charged with or

 2-7     convicted of a criminal offense.

 2-8           (d)  For purposes of Subsection (c) of this section, failure

 2-9     to attend all meetings of the governing board over a period of six

2-10     months, if more than one meeting is held during that period,

2-11     constitutes persistent failure to perform the board member's duties

2-12     as a member of the board.

2-13           SECTION 2.  This proposed constitutional amendment shall be

2-14     submitted to the voters at an election to be held on November 4,

2-15     1997.  The ballot shall be printed to permit voting for or against

2-16     the following proposition:  "The constitutional amendment to

2-17     authorize the governor to remove a member of the governing board of

2-18     a public institution of higher education for misconduct or other

2-19     good cause."