By:  Barrientos                                                           S.B. No. 111


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" 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) The chancellor of The University of Texas System shall develop a uniform application form to be used by each general academic teaching institution 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 (f), 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 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 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 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) The student regent has the same powers and duties, including voting privileges, as the other board members under Subchapter C. (f) The student government of the general academic teaching 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. (g) A vacancy in the position of student regent shall be filled for the unexpired term as provided by Subsection (c). (h) If a vacancy in the board of regents 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) 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. 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.