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78R2346 KSD-F
By: Naishtat H.B. No. 719
A BILL TO BE ENTITLED
AN ACT
relating to a voting student member on the board of regents of The
University of Texas System.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 65.11, Education Code, is amended to
read as follows:
Sec. 65.11. BOARD OF REGENTS. (a) The government of the
university system is vested in a board of nine regents appointed by
the governor with the advice and consent of the senate.
(b) The governor shall appoint one of the regents as
provided by Section 65.111.
(c) The board may provide for the administration,
organization, and names of the institutions and entities in The
University of Texas System in such a way as will achieve the maximum
operating efficiency of such institutions and entities, provided,
however, that no institution or entity of The University of Texas
System not authorized by specific legislative act to offer a
four-year undergraduate program as of the effective date of this
Act shall offer any such four-year undergraduate program without
prior recommendation and approval by a two-thirds vote of the Texas
Higher Education Coordinating Board and a specific act of the
Legislature.
SECTION 2. Subchapter B, Chapter 65, Education Code, is
amended by adding Section 65.111 to read as follows:
Sec. 65.111. STUDENT REGENT. (a) In this section:
(1) "General academic teaching institution" and
"institution of higher education" have the meanings assigned by
Section 61.003.
(2) "Health institution" means:
(A) The University of Texas Health Science Center
at Houston;
(B) The University of Texas Health Science Center
at San Antonio;
(C) The University of Texas Health Science Center
at Tyler;
(D) The University of Texas Medical Branch at
Galveston;
(E) The University of Texas M.D. Anderson Cancer
Center; and
(F) The University of Texas Southwestern Medical
Center at Dallas.
(3) "Student government" means the representative
student organization directly elected by the student body of a
general academic teaching institution or health institution.
(b) The chancellor of the system shall develop a uniform
application form to be used by each general academic teaching
institution or health institution in the system to solicit
applicants for the position of student regent. The chancellor
shall consult with The University of Texas System Student Advisory
Council before adopting or amending the form.
(c) Except as provided by Subsection (h), not later than the
October 1 preceding the date on which the term of a student regent
expires, the student government of each general academic teaching
institution or health institution in the system shall solicit
applicants for the position of student regent. The student
government shall remove from each application the name of the
applicant and the name of the general academic teaching institution
or health institution attended by the applicant and shall send each
application received by the student government to The University of
Texas System Student Advisory Council. From among the applications
received by the council, the council shall select five applicants
as the council's recommendations for the position of student regent
and send the applications of those applicants to the chancellor of
the system. From among the applicants whose applications are
received by the chancellor, the chancellor shall select two or more
applicants as the system's recommendations for the position of
student regent and shall send the applications of those applicants
to the governor. The governor may request to review all
applications for the position of student regent received by The
University of Texas System Student Advisory Council and may request
to review information required to be removed from an application by
a student government under this subsection. The governor with the
advice and consent of the senate shall appoint one of the applicants
to serve as student regent for the next term of that office. The
governor is not required to appoint an applicant recommended by the
chancellor.
(d) A student regent must be enrolled as an undergraduate or
graduate student in a general academic teaching institution or
health institution in the system at the time of appointment. For
purposes of this subsection, a person is considered to be enrolled
in an institution for a summer term if the person was enrolled in
the institution for the preceding semester and:
(1) is registered or preregistered at the institution
for the following fall semester;
(2) if the person has not completed the person's degree
program, is eligible to continue the degree program at the
institution in the following fall semester; or
(3) if the person completed a degree in the preceding
semester, is admitted to another degree program at the institution
for the following fall semester.
(e) A student regent may not be enrolled in any institution
of higher education outside the system at any time during the
student regent's term.
(f) The student regent has the same powers and duties,
including voting privileges, as the other board members under
Subchapter C.
(g) On appointment to the board, the student regent shall
serve as a member of The University of Texas System Student Advisory
Council for the duration of the student regent's term on the board.
(h) The student government of the general academic teaching
institution or health institution at which the current student
regent was enrolled at the time of the regent's appointment may not
solicit applicants for the position of student regent for the next
regular term of office.
(i) A vacancy in the position of student regent shall be
filled for the unexpired term as provided by Subsection (c).
(j) If a vacancy in the board occurs before February 1,
2005, the vacancy shall be filled by a student regent as provided by
Subsection (c) as soon as practicable. Notwithstanding Section
65.12(c), the term of a student regent appointed to fill a vacancy
under this subsection expires February 1, 2005. On the expiration
of the term of a student regent appointed under this section, any
remainder of the term shall be filled by the governor as provided
by Section 65.11(a). This subsection expires January 1, 2006.
SECTION 3. Section 65.12, Education Code, is amended to
read as follows:
Sec. 65.12. QUALIFICATIONS; TERMS. (a) A regent must [Each
member of the board shall] be a qualified voter.
(b) The regents [; and the members] shall be selected from
different geographic regions [portions] of the state.
(c) The regents appointed under Section 65.11(a) [members]
hold office for staggered terms of six years, with the terms of two
or three regents, as applicable, expiring February 1 of
odd-numbered years.
(d) Except as provided by Subsection (e), a student regent
appointed under Section 65.111 holds office for a term of three
years, with the term of the initial student regent expiring
February 1, 2008.
(e) If the three-year term of the student regent is held by
final judgement of a court to violate the Texas Constitution, the
student regent holds office for a term of six years.
SECTION 4. (a) This Act takes effect October 1, 2003.
(b) The appropriate student governments, the chancellor of
The University of Texas System, and the governor shall take the
actions required by Section 65.111, Education Code, as added by
this Act, as soon as practicable after this Act takes effect to
select a student regent to serve on the board of regents of The
University of Texas System for a term expiring February 1, 2008.
(c) This Act does not affect the term of a member of the
board of regents of The University of Texas System serving on the
effective date of this Act.