78(R) HB 2123 - Introduced version


                                                                                

78R4515 KSD-D

By:  Wilson                                                       H.B. No. 2123



A BILL TO BE ENTITLED

AN ACT

relating to the membership of the board of regents of The University 
of Texas System and the board of regents of The Texas A&M University 
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 11 [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" has the 
meaning assigned by Section 61.003.
		(2)  "Student government" means the representative 
student organization directly elected by the student body of a 
general academic teaching institution.
	(b)  In the academic year preceding the date on which the 
term of a student regent expires, the student government of each 
general academic teaching institution in the system shall solicit 
applicants for the position of student regent.  From among the 
individuals who apply, each student government shall select three 
individuals to be screened by The University of Texas System 
Student Advisory Council.  From among the individuals screened by 
the council, the council shall select three individuals and send 
the names of those individuals as the council's recommendations for 
the position of student regent to the chancellor of the system.  
From the individuals recommended to the chancellor, the chancellor 
shall select those individuals the chancellor considers qualified 
to serve as student regent and shall send the names of those 
individuals to the governor as the system's recommendations for the 
position of student regent.  The governor shall appoint one of those 
individuals to serve as student regent for the next term of that 
office.
	(c)  A student regent must be enrolled as an undergraduate or 
graduate student in a general academic teaching 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:
		(1)  was enrolled in the institution for the preceding 
semester and is registered or preregistered at the institution for 
the following fall semester;
		(2)  was enrolled in the institution for the preceding 
semester and is eligible to continue the same degree program at the 
institution in the following fall semester; or
		(3)  was enrolled in the same or another general 
academic teaching institution in the system for the preceding 
semester and is admitted to a degree program at the institution for 
the following fall semester.
	(d)  A student regent may not be an elected or ex officio 
member of the student government of a general academic teaching 
institution in the system.
	(e)  The student regent has the same powers and duties, 
including voting privileges, as those granted to the other board 
members under Subchapter C.
	(f)  A student regent may not be appointed from the same 
general academic teaching institution for consecutive terms.
	(g)  A vacancy in the position of student regent shall be 
filled for the unexpired term as provided by Subsection (b).
	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 
three or four regents, as applicable, expiring February 1 of 
odd-numbered years.
	(d)  A student regent appointed under Section 65.111 holds 
office for a term of two years, with the term of the initial student 
regent expiring February 1, 2005.
	SECTION 4.  Section 85.11, Education Code, is amended to 
read as follows:    
	Sec. 85.11.  BOARD OF REGENTS.  (a)  The government of the 
university system is vested in a board of 11 [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 85.111.
	SECTION 5.  Subchapter B, Chapter 85, Education Code, is 
amended by adding Section 85.111 to read as follows:
	Sec. 85.111.  STUDENT REGENT.  (a)  In this section:                    
		(1)  "General academic teaching institution" has the 
meaning assigned by Section 61.003.
		(2)  "Student government" means the representative 
student organization directly elected by the student body of a 
general academic teaching institution.
	(b)  In the academic year preceding the date on which the 
term of a student regent expires, the student government of each 
general academic teaching institution in the system shall solicit 
applicants for the position of student regent.  From among the 
individuals who apply, each student government shall select three 
individuals to be screened by The Texas A&M University System 
Chancellor's Student Advisory Board.  From among the individuals 
screened by the advisory board, the advisory board shall select 
three individuals and send the names of those individuals as the 
advisory board's recommendations for the position of student regent 
to the chancellor of the system.  From the individuals recommended 
to the chancellor, the chancellor shall select those individuals 
the chancellor considers qualified to serve as student regent and 
shall send the names of those individuals to the governor as the 
system's recommendations for the position of student regent.  The 
governor shall appoint one of those individuals to serve as student 
regent for the next term of that office.
	(c)  A student regent must be enrolled as an undergraduate or 
graduate student in a general academic teaching 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:
		(1)  was enrolled in the institution for the preceding 
semester and is registered or preregistered at the institution for 
the following fall semester;
		(2)  was enrolled in the institution for the preceding 
semester and is eligible to continue the same degree program at the 
institution in the following fall semester; or
		(3)  was enrolled in the same or another general 
academic teaching institution in the system for the preceding 
semester and is admitted to a degree program at the institution for 
the following fall semester.
	(d)  A student regent may not be an elected or ex officio 
member of the student government of a general academic teaching 
institution in the system.
	(e)  The student regent has the same powers and duties, 
including voting privileges, as those granted to the other board 
members under Subchapter C.
	(f)  A student regent may not be appointed from the same 
general academic teaching institution for consecutive terms.
	(g)  A vacancy in the position of student regent shall be 
filled for the unexpired term as provided by Subsection (b).
	SECTION 6.  Section 85.12, Education Code, is amended to 
read as follows:    
	Sec. 85.12.  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 85.11(a) [members] 
hold office for staggered terms of six years, with the terms of 
three or four regents, as applicable, expiring February 1 of 
odd-numbered years.
	(d)  A student regent appointed under Section 85.111 holds 
office for a term of two years, with the term of the initial student 
regent expiring February 1, 2005.
	SECTION 7.  (a)  This Act takes effect September 1, 2003.                      
	(b)  As soon as practicable after this Act takes effect, the 
governor shall appoint:
		(1)  an additional regent to serve on the board of 
regents of The University of Texas System for a term expiring 
February 1, 2009; and
		(2)  an additional regent to serve on the board of 
regents of The Texas A&M University System for a term expiring 
February 1, 2009.
	(c)  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, 2005.
	(d)  The changes in law made by this Act to Subchapter B, 
Chapter 65, Education Code, do 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.
	(e)  The appropriate student governments, the chancellor of 
The Texas A&M University System, and the governor shall take the 
actions required by Section 85.111, 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 
Texas A&M University System for a term expiring February 1, 2005.
	(f)  The changes in law made by this Act to Subchapter B, 
Chapter 85, Education Code, do not affect the term of a member of 
the board of regents of The Texas A&M University System serving on 
the effective date of this Act.