By Coleman, McClendon H.B. No. 3525
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continued independence of Texas Southern
1-3 University.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 2104, Government Code, is amended by
1-6 adding Subchapter E to read as follows:
1-7 SUBCHAPTER E. MILLENIUM PLAN FOR TEXAS SOUTHERN UNIVERSITY
1-8 Sec. 2104.101. COORDINATOR; TRANSITION TEAM. (a) The
1-9 governor shall appoint a coordinator to form a transition team that
1-10 will temporarily govern Texas Southern University. The speaker of
1-11 the house of representatives and the lieutenant governor shall each
1-12 nominate two persons to the governor for the position of
1-13 coordinator and the governor shall appoint the coordinator from
1-14 among those nominees. If the governor rejects all nominees, the
1-15 governor shall request additional nominees.
1-16 (b) The coordinator shall appoint the transition team. The
1-17 coordinator is the head of the team.
1-18 Sec. 2104.102. POWERS AND DUTIES OF TRANSITION TEAM. (a)
1-19 The transition team has all powers and duties given by law to the
1-20 board of regents of Texas Southern University. The board of
1-21 regents may not act until the transition team is abolished in
1-22 accordance with this subchapter.
1-23 (b) The transition team shall develop and implement a plan
1-24 to address and remedy the problems regarding the governance and
2-1 operation of the university that were identified in the performance
2-2 review of the university released by the comptroller on February
2-3 26, 1999, and in the report of the state auditor released on
2-4 February 12, 1999. The plan must be based on the recommendations
2-5 in those reports.
2-6 (c) In implementing the plan and exercising the authority
2-7 granted by law to the board of regents, the transition team shall
2-8 make needed changes to operational policies and procedures. The
2-9 team may dismiss personnel who in the opinion of the team have
2-10 contributed to the fiscal and management problems of the university
2-11 or, as an alternative, the team may temporarily relieve management
2-12 personnel of operational responsibilities and direct that those
2-13 persons attend management training of a type prescribed by the
2-14 team.
2-15 (d) In implementing the plan and exercising the authority
2-16 granted by law to the board of regents, the transition team also
2-17 may contract with private entities to perform functions for the
2-18 university that are related to problem areas.
2-19 Sec. 2104.103. COMPENSATION OF COORDINATOR; COSTS AND
2-20 EXPENSES. (a) The coordinator is entitled to receive a salary for
2-21 performing duties as coordinator that is equal to the salary
2-22 received by the chief financial officer of Texas Southern
2-23 University. The members of the transition team other than the
2-24 coordinator serve without compensation, but the members of the
2-25 team, including the coordinator, are entitled to reimbursement for
2-26 reasonable and necessary expenses, as provided by the General
2-27 Appropriations Act, incurred in performing duties under this
3-1 subchapter.
3-2 (b) The coordinator may employ staff to assist the
3-3 coordinator and the transition team to perform their duties. The
3-4 coordinator may contract for necessary office space for the
3-5 coordinator and members of the team and provide for other necessary
3-6 administrative matters.
3-7 (c) The state shall pay for salary, costs, and expenses
3-8 incurred under this section on certificates of approval by the
3-9 coordinator out of amounts appropriated or otherwise available to
3-10 Texas Southern University.
3-11 Sec. 2104.104. LEGISLATIVE OVERSIGHT COMMITTEE. (a) The
3-12 Legislative Oversight Committee for Texas Southern University is
3-13 composed of two members of the house of representatives and one
3-14 public member appointed by the speaker of the house of
3-15 representatives and two members of the senate and one public member
3-16 appointed by the lieutenant governor.
3-17 (b) The coordinator and the team at least monthly shall
3-18 report to the legislative oversight committee regarding their
3-19 progress in implementing the plan. The committee may suggest
3-20 changes in the plan based on these reports.
3-21 (c) The coordinator and the team shall make a final report
3-22 to the legislative oversight committee regarding implementation of
3-23 the plan not later than November 1, 2000.
3-24 (d) At any time that the legislative oversight committee
3-25 finds that the plan has been successfully implemented to the point
3-26 that the transition team may be disbanded, the coordinator may be
3-27 dismissed, and the control of the university may be returned to the
4-1 board of regents, the committee shall report that fact to the
4-2 governor. If the governor agrees with the committee's determination
4-3 under this subsection, the governor by proclamation shall return
4-4 control of the university to the board of regents. At that time,
4-5 the transition team is also disbanded and the coordinator is
4-6 dismissed, except for purposes of making the final report under
4-7 Subsection (c).
4-8 Sec. 2104.105. ABOLITION OF TRANSITION TEAM AND LEGISLATIVE
4-9 OVERSIGHT COMMITTEE; EXPIRATION OF SUBCHAPTER. (a) The
4-10 coordinator is dismissed and the transition team is abolished July
4-11 31, 2001, if the coordinator has not been dismissed and the team
4-12 abolished on an earlier date under Section 2104.104(d).
4-13 (b) The legislative oversight committee is abolished and
4-14 this subchapter expires July 31, 2001.
4-15 SECTION 2. Sections 106.11 and 106.12, Education Code, are
4-16 amended to read as follows:
4-17 Sec. 106.11. BOARD OF REGENTS. The government of the
4-18 university is vested in a board of six [nine] regents appointed by
4-19 the governor with the advice and consent of the Senate. At least
4-20 two regents must have expertise in auditing or financial
4-21 management.
4-22 Sec. 106.12. TERMS OF OFFICE. Members of the board hold
4-23 office for [staggered] terms of two [six] years[, with the terms of
4-24 three directors expiring on February 1 of odd-numbered years].
4-25 SECTION 3. (a) The board of regents of Texas Southern
4-26 University as it exists on the effective date of this Act is
4-27 abolished, and the terms of office of its members expire, on the
5-1 date that the governor appoints the coordinator under Section
5-2 2104.101, Government Code, as added by this Act.
5-3 (b) The governor shall appoint the initial members of the
5-4 reorganized board of regents under Section 106.11, Education Code,
5-5 as amended by this Act, for terms expiring February 1, 2001. The
5-6 board of regents appointed under this subsection shall resume
5-7 control over the university in accordance with Section 2104.104(d)
5-8 or 2104.105, Government Code, as added by this Act, and the
5-9 governor shall appoint the members in time for the board to do so.
5-10 (c) It is the intent of the legislature that the structure
5-11 of the board of regents of Texas Southern University as reorganized
5-12 under Sections 106.11 and 106.12, Education Code, as amended by
5-13 this Act, is a transitional and temporary structure. The
5-14 reorganized board of regents shall report to the 77th Legislature
5-15 on a recommended permanent structure for the board and recommend
5-16 corresponding amendments to Sections 106.11 and 106.12.
5-17 SECTION 4. (a) If this Act takes immediate effect:
5-18 (1) the governor shall appoint a coordinator under
5-19 Section 2104.101, Government Code, as added by this Act, not later
5-20 than June 30, 1999;
5-21 (2) the coordinator shall form the transition team
5-22 under Section 2104.101, Government Code, as added by this Act, not
5-23 later than July 15, 1999; and
5-24 (3) the Legislative Oversight Committee for Texas
5-25 Southern University shall be appointed under Section 2104.104,
5-26 Government Code, as added by this Act, not later than July 15,
5-27 1999.
6-1 (b) If this Act does not take immediate effect, the
6-2 governor shall appoint a coordinator, the coordinator shall then
6-3 form the transition team, and the Legislative Oversight Committee
6-4 for Texas Southern University shall be appointed as soon as
6-5 possible after the effective date of this Act.
6-6 SECTION 5. The importance of this legislation and the
6-7 crowded condition of the calendars in both houses create an
6-8 emergency and an imperative public necessity that the
6-9 constitutional rule requiring bills to be read on three several
6-10 days in each house be suspended, and this rule is hereby suspended,
6-11 and that this Act take effect and be in force from and after its
6-12 passage, and it is so enacted.