By Ogden S.B. No. 906
75R6354 JSA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the admission standards, tuition, fees, and governing
1-3 boards of institutions of higher education and university systems
1-4 and to testing and remedial education by general academic teaching
1-5 institutions.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1. ADMISSION STANDARDS OF AND TESTING AND REMEDIAL
1-8 EDUCATION BY GENERAL ACADEMIC TEACHING INSTITUTIONS
1-9 SECTION 1.01. Section 51.306, Education Code, is amended by
1-10 adding Subsection (x) to read as follows:
1-11 (x) This section is optional for a student who meets or
1-12 exceeds campus admission standards at a general academic teaching
1-13 institution for which the governing board in its sole discretion
1-14 has set campus admission standards that assure that at least 90
1-15 percent of the students admitted are prepared to do college-level
1-16 work.
1-17 SECTION 1.02. Section 51.3061, Education Code, is amended by
1-18 amending Subsection (a) and adding Subsection (h) to read as
1-19 follows:
1-20 (a) In this section:
1-21 (1) "Agency" means the Texas [Central] Education
1-22 Agency.
1-23 (2) "Coordinating board" means the Texas Higher
1-24 Education Coordinating Board.
2-1 (3) "Deaf student" means a student who is a deaf
2-2 person, as defined by Section 54.205(a) of this code.
2-3 (4) "General academic teaching institution" and
2-4 "institution [Institution] of higher education" have [has] the
2-5 meanings [meaning] assigned by Section 61.003 of this code.
2-6 (h) This section is optional for a student who meets or
2-7 exceeds campus admission standards at a general academic teaching
2-8 institution for which the governing board in its sole discretion
2-9 has set campus admission standards that assure that at least 90
2-10 percent of the students admitted are prepared to do college-level
2-11 work.
2-12 ARTICLE 2. LIMITATIONS ON GOVERNING BOARDS
2-13 OF GENERAL ACADEMIC TEACHING INSTITUTIONS AND
2-14 UNIVERSITY SYSTEMS
2-15 SECTION 2.01. Chapter 51, Education Code, is amended by
2-16 adding Subchapter S to read as follows:
2-17 SUBCHAPTER S. LIMITATIONS ON GOVERNING BOARDS OF GENERAL
2-18 ACADEMIC TEACHING INSTITUTIONS AND UNIVERSITY SYSTEMS
2-19 Sec. 51.781. APPLICATION. This subchapter applies to the
2-20 governing board of each general academic teaching institution and
2-21 of each university system that includes one or more general
2-22 academic teaching institutions.
2-23 Sec. 51.782. DEFINITIONS. In this subchapter, "general
2-24 academic teaching institution" and "university system" have the
2-25 meanings assigned by Section 61.003.
2-26 Sec. 51.783. LIMITATION ON EXPENDITURES BY GOVERNING BOARD.
2-27 (a) The legislature by appropriation shall determine the amount
3-1 each governing board may spend annually in the performance of its
3-2 duties. A governing board may not spend in the performance of its
3-3 duties money not expressly appropriated for that purpose.
3-4 (b) A governing board may spend an amount greater than the
3-5 amount provided by Subsection (a) if the expenditure is approved
3-6 under Chapter 317, Government Code.
3-7 (c) This section does not apply to money spent by a member
3-8 of a governing board on the member's own behalf in the performance
3-9 of the member's duties if the member is not reimbursed for that
3-10 expenditure.
3-11 Sec. 51.784. NAMING OF BUILDING OR FACILITY BY GOVERNING
3-12 BOARD. A governing board may not name a building or other facility
3-13 or approve the naming of a building or other facility in honor of a
3-14 member of the board or a person related to a member of the board
3-15 within the first degree by affinity or consanguinity as determined
3-16 under Chapter 573, Government Code:
3-17 (1) while the member serves on the board; or
3-18 (2) before the fourth anniversary of the date the
3-19 member ceases to be a member of the board.
3-20 Sec. 51.785. EMPLOYMENT OF MEMBER OF GOVERNING BOARD BY
3-21 INSTITUTION OR SYSTEM. (a) A general academic teaching
3-22 institution or a university system that includes one or more
3-23 general academic teaching institutions may not employ a member of
3-24 the governing board of the institution or system or a person
3-25 related to a member within the first degree by affinity or
3-26 consanguinity as determined under Chapter 573, Government Code, as
3-27 an administrator with supervisory or managerial responsibilities:
4-1 (1) while the member serves on the board; or
4-2 (2) before the fourth anniversary of the date the
4-3 member ceases to be a member of the board.
4-4 (b) A general academic teaching institution or a university
4-5 system that includes one or more general academic teaching
4-6 institutions may not employ a member of the governing board of the
4-7 institution or system as a faculty member or other employee:
4-8 (1) while the member serves on the board; or
4-9 (2) before the first anniversary of the date the
4-10 member ceases to be a member of the board.
4-11 Sec. 51.786. CONTRACTING WITH MEMBER OF GOVERNING BOARD BY
4-12 INSTITUTION OR SYSTEM. (a) A general academic teaching
4-13 institution or a university system that includes one or more
4-14 general academic teaching institutions may not enter into a
4-15 contract with a member of the governing board of the institution or
4-16 system, a person related to a member within the first degree by
4-17 affinity or consanguinity as determined under Chapter 573,
4-18 Government Code, or a business entity in which a member or a person
4-19 related to a member has a substantial interest:
4-20 (1) while the member serves on the board; or
4-21 (2) before the fourth anniversary of the date the
4-22 member ceases to be a member of the board.
4-23 (b) For the purposes of this section, a person has a
4-24 substantial interest in a business entity if the interest is
4-25 ownership of at least:
4-26 (1) five percent of the voting stock or shares of the
4-27 business entity; or
5-1 (2) five percent of the fair market value of the
5-2 business entity.
5-3 (c) This section does not apply to an employment contract.
5-4 (d) In this section, "business entity" means a sole
5-5 proprietorship, partnership, joint venture, firm, corporation,
5-6 holding company, joint-stock company, receivership, trust, or other
5-7 entity recognized by law.
5-8 Sec. 51.787. PURCHASE AND CONSUMPTION OF ALCOHOLIC
5-9 BEVERAGES. (a) Alcoholic beverages may be purchased for
5-10 consumption at a function of the governing board of a general
5-11 academic teaching institution or of a university system that
5-12 includes one or more general academic teaching institutions only
5-13 with money given to the institution or system for that express
5-14 purpose and deposited in an auditable account designated for that
5-15 purpose.
5-16 (b) Consumption of alcoholic beverages at a function of the
5-17 governing board of a general academic teaching institution or of a
5-18 university system that includes one or more general academic
5-19 teaching institutions is subject to the rules governing the
5-20 consumption of alcoholic beverages by students of the institution
5-21 or system.
5-22 Sec. 51.788. TERM LIMITS. (a) A person who has been
5-23 appointed to or who has served on a governing board for a full
5-24 six-year term may not be appointed to or serve on that governing
5-25 board after that term. For the purposes of this subsection:
5-26 (1) a person is considered to be appointed to a full
5-27 term on a governing board if the person assumes office before the
6-1 end of the first year of the full term; and
6-2 (2) a person is considered to have served for a full
6-3 term if the person serves for at least five years and 185 days of
6-4 the full term.
6-5 (b) A person may not serve as the presiding officer of a
6-6 governing board for more than three years.
6-7 SECTION 2.02. Subchapter A, Chapter 130, Education Code, is
6-8 amended by adding Section 130.0055 to read as follows:
6-9 Sec. 130.0055. NAMING OF BUILDING OR FACILITY BY GOVERNING
6-10 BOARD. Section 51.784 applies to the governing board of a public
6-11 junior college to the same extent as it applies to the governing
6-12 board of a general academic teaching institution.
6-13 ARTICLE 3. REQUIREMENT OF HEARING BEFORE
6-14 INCREASING TUITION OR FEES OF GENERAL
6-15 ACADEMIC TEACHING INSTITUTION OR UNIVERSITY SYSTEM
6-16 SECTION 3.01. Section 54.051, Education Code, is amended by
6-17 adding Subsection (o) to read as follows:
6-18 (o) The governing board of a general academic teaching
6-19 institution or of a university system that includes one or more
6-20 general academic teaching institutions must hold a public hearing
6-21 before increasing a tuition rate it has the authority to determine
6-22 under this chapter.
6-23 SECTION 3.02. Subchapter E, Chapter 54, Education Code, is
6-24 amended by adding Section 54.5001 to read as follows:
6-25 Sec. 54.5001. PUBLIC HEARING BEFORE INCREASING FEE. The
6-26 governing board of a general academic teaching institution or of a
6-27 university system that includes one or more general academic
7-1 teaching institutions must hold a public hearing before increasing
7-2 the amount of a fee it has the authority to determine under this
7-3 subchapter.
7-4 ARTICLE 4. TRANSITION; EFFECTIVE DATE;
7-5 EMERGENCY CLAUSE
7-6 SECTION 4.01. The change in law made by Section 51.788(a),
7-7 Education Code, as added by this Act, does not affect the
7-8 entitlement of a member of the governing board of a general
7-9 academic teaching institution or of a university system that
7-10 includes one or more general academic teaching institutions serving
7-11 on the effective date of this Act to continue to serve on the board
7-12 for the remainder of the member's term. The change in law made by
7-13 that section applies only to a term that begins on or after the
7-14 effective date of this Act.
7-15 SECTION 4.02. This Act takes effect September 1, 1997.
7-16 SECTION 4.03. The importance of this legislation and the
7-17 crowded condition of the calendars in both houses create an
7-18 emergency and an imperative public necessity that the
7-19 constitutional rule requiring bills to be read on three several
7-20 days in each house be suspended, and this rule is hereby suspended.