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