BILL ANALYSIS

 

 

                                                                                                                                    C.S.H.B. 1968

                                                                                                                                             By: Rose

                                                                                                                                Higher Education

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Last session's passage of tuition deregulation, which granted tuition-setting powers to the board

of regents of public universities, has made it necessary to provide for student representation on

the boards of regents. A student regent is needed to ensure that the boards act fairly and in the

best interest of the students. A student regent would offer a student's perspective on the boards

of regents.

 

Each state-supported university in Texas has a board of regents consisting of nine members appointed by the governor.  Currently, 39 states have a student representative on the board of regents of one or more state-supported institutions of higher education.  As proposed, CSHB 1968 adds a non-voting student regent who is an officer of the state and must be enrolled as an undergraduate or graduate student.  The term for the student member would be one year.  The student regent would be nominated by the governor and confirmed by the Texas Senate, just as the other nine regents are. 

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

SECTION 1.  Provides for a non-voting student regent on a university system board of regents.  Requires that the student government of each general academic teaching institution in a university system must solicit applicants for the position of student regent, to then select five applicants as the student government's recommendations for the position of student regent and to send the applications of those applicants to the chancellor of the university system.  Requires the chancellor to select two or more applicants as the university system's recommendations for the position of student regent and to send the applications of those applicants to the governor. The governor may request to review all applications, and is not required to appoint an applicant recommended by the chancellor.

 

Requires the governor, with the advice and consent of the senate, to appoint one of the applicants to serve as the student regent on the university system's board of regents to a one-year term. 

 

Provides that a student regent is an officer of the state, but is not a member of the board of regents.  The student regent has the same powers and duties as the members of a board of regents, except that the student regent may not vote on or second any motion or matter before the board, and is not counted in determining whether a quorum exists for a meeting of the board or in determining the outcome of any vote of the board. 

 

Provides that the student government of the institution at which a current student regent was enrolled at the time of the student regent's appointment may not solicit applicants for the position of the student regent for the next regular term of the position.  Provides that a vacancy in the position of student regent shall be filled for the unexpired term by appointment by the governor with consultation with the chancellor of the system and the advice and consent of the senate. 

 

Provides for corresponding guidelines for general academic teaching institutions that are not part of a university system.

 

SECTION 2. States that the initial term of a student regent appointed for a state university system, as added by this Act, expires February 1, 2007.  States that the actions required by this Act to select a student regent are to be taken as soon as practicable after the effective date.

 

SECTION 3.  Effective date.

 

EFFECTIVE DATE

 

This Act takes effect September 1, 2005.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

The substitute differs from the original in providing that the student regent is an officer of the state, but not a member of a board of regents; may not vote on any matter before the board or make or second any motion before the board; and is not counted in determining whether a quorum exists for a meeting of the board or in determining the outcome of any vote on the board. 

 

The substitute removes all corresponding references to a non-voting student regent designate and a voting student regent.  The substitute removes all related conforming language concerning specific boards of regents of universities and university systems.