79(R) HB 3321 - Introduced version


                                                                                

79R2319 KSD-D

By:  Deshotel                                                     H.B. No. 3321



A BILL TO BE ENTITLED

AN ACT

relating to student and faculty representation on the board of 
regents of each state university or state university system.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter G, Chapter 51, Education Code, is 
amended by adding Sections 51.355, 51.356, 51.357, and 51.358 to 
read as follows:
	Sec. 51.355.  STUDENT REGENT; UNIVERSITY SYSTEM BOARD OF 
REGENTS.  (a)  In this section, "student government" means the 
representative student organization directly elected by the 
student body of a general academic teaching institution.
	(b)  The chancellor of each university system shall develop a 
uniform application form to be used by each general academic 
teaching institution in the university system to solicit applicants 
for the position of student regent.
	(c)  Except as provided by Subsection (f), not later than 
September 1 of each even-numbered year, the student government of 
each general academic teaching institution in a university system 
shall solicit applicants for the position of student regent.  Not 
later than November 1, from among the applications received by the 
student government, the student government shall select one or more 
applicants as the student government's recommendations for the 
position of student regent and send the applications of those 
applicants to the governor.  On February 1, or as soon thereafter as 
practicable, the governor, with the advice and consent of the 
senate, shall appoint one of the applicants to serve as the student 
regent on the university system's board of regents for a two-year 
term.
	(d)  A student regent must be enrolled as an undergraduate or 
graduate student in a general academic teaching institution in the 
university system at the time of appointment and throughout the 
student regent's term of office.  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 program in the 
preceding semester, is admitted to another degree program at the 
institution for the following fall semester.
	(e)  A student regent has the same powers and duties, 
including voting privileges, as the other members of the board to 
which the student regent is appointed.
	(f)  The student government of the general academic teaching 
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 student regent for the next regular term of the 
office.
	(g)  A vacancy in the position of student regent shall be 
filled for the unexpired term by appointment by the governor in 
consultation with the student governments of the component general 
academic teaching institutions of the university system.
	(h)  If the two-year term of the student regent is held by 
final judgment of a court to violate the Texas Constitution, the 
student regent holds office for a term of six years.
	Sec. 51.356.  STUDENT REGENT; INSTITUTION BOARD OF REGENTS.  
(a)  This section applies only to a general academic teaching 
institution that is not a part of a university system.
	(b)  In this section, "student government" means the 
representative student organization directly elected by the 
student body of a general academic teaching institution.
	(c)  The president of a general academic teaching 
institution shall develop a uniform application form to be used to 
solicit applicants for the position of student regent.
	(d)  Not later than September 1 of each even-numbered year, 
the student government of the general academic teaching institution 
shall solicit applicants for the position of student regent.  Not 
later than November 1, from among the applications received by the 
student government, the student government shall select one or more 
applicants as the student government's recommendations for the 
position of student regent and send the applications of those 
applicants to the governor.  On February 1, or as soon thereafter as 
practicable, the governor, with the advice and consent of the 
senate, shall appoint one of the applicants to serve as the student 
regent on the institution's board of regents for a two-year term.
	(e)  A student regent must be enrolled as an undergraduate or 
graduate student in the general academic teaching institution at 
the time of appointment and throughout the student regent's term of 
office.  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 program in the 
preceding semester, is admitted to another degree program at the 
institution for the following fall semester.
	(f)  A student regent has the same powers and duties, 
including voting privileges, as the other members of the board to 
which the student regent designate is appointed.
	(g)  A vacancy in the position of student regent shall be 
filled for the unexpired term by appointment by the governor in 
consultation with the student government of the general academic 
teaching institution.
	(h)  If the two-year term of the student regent is held by 
final judgment of a court to violate the Texas Constitution, the 
student regent holds office for a term of six years.
	Sec. 51.357.  FACULTY REGENT; UNIVERSITY SYSTEM BOARD OF 
REGENTS.  (a)  The chancellor of each university system shall 
develop a uniform application form to be used by each general 
academic teaching institution in the university system to solicit 
applicants for the position of faculty regent.
	(b)  Except as provided by Subsection (e), not later than the 
September 1 preceding the date on which the term of faculty regent 
on the board of regents of a university system begins, the faculty 
senate of each general academic teaching institution in the 
university system shall solicit applicants for the position of 
faculty regent.  Not later than November 1, from among the 
applications received by the faculty senate, the faculty senate 
shall select one or more applicants as the faculty senate's 
recommendations for the position of faculty regent and send the 
applications of those applicants to the governor.  The governor, 
with the advice and consent of the senate, shall appoint one of the 
applicants to serve as the faculty regent on the university 
system's board of regents for a six-year term, with the term of the 
initial faculty regent expiring February 1, 2013.
	(c)  A faculty regent must be employed full-time by a general 
academic teaching institution in the university system as a faculty 
member at the time of appointment and throughout the faculty 
regent's term of office.
	(d)  A faculty regent has the same powers and duties, 
including voting privileges, as the other members of the board to 
which the faculty regent is appointed.
	(e)  The faculty senate of the general academic teaching 
institution at which a faculty regent was employed at the time of 
the faculty regent's appointment may not solicit applicants for the 
position of faculty regent for the next regular term of the office.
	(f)  A vacancy in the position of faculty regent shall be 
filled for the unexpired term by appointment of the governor in 
consultation with the faculty senates of the component general 
academic teaching institutions of the university system.
	Sec. 51.358.  FACULTY REGENT; UNIVERSITY BOARD OF REGENTS. 
(a) This section applies only to a general academic teaching 
institution that is not a part of a university system.
	(b)  The president of a general academic teaching 
institution shall develop a uniform application form to be used to 
solicit applicants for the position of faculty regent.
	(c)  Not later than the September 1 preceding the date on 
which the term of faculty regent on the institution's board of 
regents begins, the faculty senate of the general academic teaching 
institution shall solicit applicants for the position of faculty 
regent.  Not later than November 1, from among the applications 
received by the faculty senate, the faculty senate shall select one 
or more applicants as the faculty senate's recommendations for the 
position of faculty regent and send the applications of those 
applicants to the governor.  The governor, with the advice and 
consent of the senate, shall appoint one of the applicants to serve 
as the faculty regent on the institution's board of regents for a 
six-year term, with the term of the initial faculty regent expiring 
February 1, 2013.
	(d)  A faculty regent must be employed full-time by the 
general academic teaching institution as a faculty member at the 
time of appointment and throughout the faculty regent's term of 
office.
	(e)  A faculty regent has the same powers and duties, 
including voting privileges, as the other members of the board to 
which the faculty regent is appointed.
	(f)  A vacancy in the position of faculty regent shall be 
filled for the unexpired term by appointment of the governor in 
consultation with the faculty senate of the general academic 
teaching institution.
	SECTION 2.  Sections 65.11 and 65.12, Education Code, are 
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)  One of the board members must be a student regent 
appointed under Section 51.355.  One of the board members must be a 
faculty regent appointed under Section 51.357.
	(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.
	Sec. 65.12.  QUALIFICATIONS; TERMS.  (a) Each member of the 
board shall be a qualified voter.
	(b)  The board[; and the] members other than the student 
regent and the faculty regent shall be selected from different 
portions of the state.
	(c)  The board members other than the student regent 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)  The student regent holds office for a term of two years 
expiring February 1 of an odd-numbered year, with the term of the 
initial student regent expiring February 1, 2009.
	SECTION 3.  Sections 85.11 and 85.12, Education Code, are 
amended to read as follows:
	Sec. 85.11.  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)  One of the board members must be a student regent 
appointed under Section 51.355.  One of the board members must be a 
faculty regent appointed under Section 51.357.
	Sec. 85.12.  QUALIFICATIONS; TERMS.  (a)  Each member of the 
board shall be a qualified voter.
	(b)  The board[; and the] members other than the student 
regent and the faculty regent shall be selected from different 
portions of the state.
	(c)  The board members other than the student regent 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)  The student regent holds office for a term of two years 
expiring February 1 of an odd-numbered year, with the term of the 
initial student regent expiring February 1, 2009.
	SECTION 4.  Subchapter A, Chapter 95, Education Code, is 
amended by amending Section 95.02 and adding Section 95.022 to read 
as follows:
	Sec. 95.02.  BOARD OF REGENTS [MEMBERS:  APPOINTMENT, 
QUALIFICATIONS, TERMS].  (a) The board is composed of nine members 
appointed by the governor with the advice and consent of the senate.
	(b)  One of the board members must be a student regent 
appointed under Section 51.355.  One of the board members must be a 
faculty regent appointed under Section 51.357 [The members hold 
office for terms of six years, with the terms of three members 
expiring February 1 of odd-numbered years.  Each member of the board 
shall be a qualified voter; and the members shall be selected from 
different portions of the state].
	Sec. 95.022.  QUALIFICATIONS; TERMS.  (a)  Each member of the 
board of regents other than the student regent must be a qualified 
voter.
	(b)  The board members other than the student regent and the 
faculty regent shall be selected from different portions of the 
state.
	(c)  The board members other than the student regent hold 
office for terms of six years, with the terms of two or three 
regents, as applicable, expiring February 1 of odd-numbered years.
	(d)  The student regent holds office for a term of two years 
expiring February 1 of an odd-numbered year, with the term of the 
initial student regent expiring February 1, 2009.
	SECTION 5.  Sections 101.11 and 101.12, Education Code, are 
amended to read as follows:
	Sec. 101.11.  BOARD OF REGENTS.  (a) The control and 
management of the university is vested in a board of nine regents 
appointed by the governor with the advice and consent of the senate.
	(b)  One of the board members must be a student regent 
appointed under Section 51.356.  One of the board members must be a 
faculty regent appointed under Section 51.358.
	Sec. 101.12.  TERM OF OFFICE.  (a)  Members of the board 
other than the student regent hold office for staggered terms of six 
years, with the terms of two or three members, as applicable,
expiring [on] January 31 of each odd-numbered year.
	(b)  The student regent holds office for a term of two years 
expiring February 1 of an odd-numbered year, with the term of the 
initial student regent expiring February 1, 2009.
	(c)  Any vacancy shall be filled by appointment for the 
unexpired portion of the term.
	SECTION 6.  Sections 103.02 and 103.03, Education Code, are 
amended to read as follows:
	Sec. 103.02.  BOARD OF REGENTS.  (a) The organization, 
control, and management of the university is vested in a board of 
nine regents.
	(b)  One of the board members must be a student regent 
appointed under Section 51.356.  One of the board members must be a 
faculty regent appointed under Section 51.358.
	Sec. 103.03.  BOARD MEMBERS:  APPOINTMENT, TERMS, OATH.  (a) 
Members of the board shall be appointed by the governor and 
confirmed by the senate.
	(b)  Members of the board other than the student regent hold 
office for staggered terms of six years.
	(c)  The student regent holds office for a term of two years 
expiring February 1 of an odd-numbered year, with the term of the 
initial student regent expiring February 1, 2009.
	(d)  Any vacancy that occurs on the board shall be filled for 
the unexpired term by appointment of the governor.
	(e)  Each member of the board shall take the constitutional 
oath of office.
	SECTION 7.  Sections 105.051 and 105.052, Education Code, 
are amended to read as follows:
	Sec. 105.051.  BOARD OF REGENTS.  (a) The organization, 
control, and management of the University of North Texas System and 
each component institution of the system is vested in a board of 
nine regents appointed by the governor and confirmed by the senate.
	(b)  One of the board members must be a student regent 
appointed under Section 51.355.  One of the board members must be a 
faculty regent appointed under Section 51.357.
	Sec. 105.052.  TERM OF OFFICE; REMOVAL; VACANCY.  (a) The 
term of office of each regent other than the student regent is six 
years, with the terms of two or three regents, as applicable,
expiring every two years.
	(b)  The student regent holds office for a term of two years 
expiring February 1 of an odd-numbered year, with the term of the 
initial student regent expiring February 1, 2009.
	(c)  A regent [Members of the board] may be removed from 
office for inefficiency or malfeasance of office.
	(d)  Any vacancy that occurs on the board shall be filled by 
the governor for the unexpired term.
	SECTION 8.  Sections 106.11 and 106.12, Education Code, are 
amended to read as follows:
	Sec. 106.11.  BOARD OF REGENTS.  (a) The government of the 
university is vested in a board of nine regents appointed by the 
governor with the advice and consent of the senate [Senate].
	(b)  One of the regents must be a student regent appointed 
under Section 51.356.  One of the board members must be a faculty 
regent appointed under Section 51.358.
	Sec. 106.12.  TERMS OF OFFICE.  (a)  Members of the board 
other than the student regent hold office for staggered terms of six 
years, with the terms of two or three regents, as applicable,
[directors] expiring [on] February 1 of odd-numbered years.
	(b)  The student regent holds office for a term of two years 
expiring February 1 of an odd-numbered year, with the term of the 
initial student regent expiring February 1, 2009.
	SECTION 9.  Section 107.21, Education Code, is amended to 
read as follows:   
	Sec. 107.21.  BOARD OF REGENTS.  (a)  The board of regents of 
the university is composed of nine persons[, four of whom shall be 
women,] appointed by the governor with the advice and consent of the 
senate.  Four of the regents must be women.
	(b)  One of the regents must be a student regent appointed 
under Section 51.356.  One of the regents must be a faculty regent 
appointed under Section 51.358.
	(c)  Each regent other than the student regent must [Each 
member of the board shall] be a qualified voter.
	(d)  The regents other than the student regent and the 
faculty regent [; and the members] shall be selected from different 
portions of the state.
	(e)  Regents other than the student regent [The 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.
	(f)  The student regent holds office for a term of two years 
expiring February 1 of an odd-numbered year, with the term of the 
initial student regent expiring February 1, 2009.
	SECTION 10.  Sections 109.21 and 109.22, Education Code, are 
amended to read as follows:
	Sec. 109.21.  BOARD OF REGENTS.  (a) The government, 
control, and direction of the policies of the university are vested 
in a board of nine regents[, who shall be] appointed by the governor 
with the advice and consent of the senate.
	(b)  One of the regents must be a student regent appointed 
under Section 51.355.  One of the regents must be a faculty regent 
appointed under Section 51.357.
	Sec. 109.22.  BOARD MEMBERS:  TERMS, VACANCIES.  (a) Except 
for the initial appointees, regents other than the student regent
[members] hold office for [of] terms of six years expiring [on] 
January 31 of odd-numbered years[.  In making the initial 
appointments, the governor shall designate three for terms expiring 
in 1971, three for terms expiring in 1973, and three for terms 
expiring in 1975].
	(b)  The student regent holds office for a term of two years 
expiring February 1 of an odd-numbered year, with the term of the 
initial student regent expiring February 1, 2009.
	(c)  Any vacancy shall be filled for the unexpired portion of 
the term by appointment by the governor with the advice and consent 
of the senate.
	SECTION 11.  Section 111.12, Education Code, is amended to 
read as follows:  
	Sec. 111.12.  APPOINTMENTS TO BOARD; TERMS.  (a)  The regents
[Members of the board] are appointed by the governor with the advice 
and consent of the senate.
	(b)  One of the regents must be a student regent appointed 
under Section 51.355.  One of the regents must be a faculty regent 
appointed under Section 51.357.
	(c)  The term of office of each regent other than the student 
regent shall be six years, except that in making the first 
appointments the governor shall appoint three members for six 
years, three members for four years, and three members for two 
years.
	(d)  The student regent holds office for a term of two years 
expiring February 1 of an odd-numbered year, with the term of the 
initial student regent expiring February 1, 2009.
	(e)  Any vacancy that occurs on the board shall be filled for 
the unexpired term by appointment of the governor.
	SECTION 12.  The initial term of a student regent appointed 
to serve on the board of regents of a state university system under 
Section 51.355, Education Code, as added by this Act, or on the 
board of regents of a state university under Section 51.356, 
Education Code, as added by this Act, expires February 1, 2009.  The 
appropriate student governments, the chancellor of each state 
university system, the president of each state university that is 
not a part of a university system, and the governor shall take the 
actions required by Sections 51.355 and 51.356, Education Code, as 
added by this Act, beginning in 2006 to select a student regent to 
serve on the board of regents of each state university or state 
university system for that initial term.
	SECTION 13.  The initial term of a faculty regent appointed 
to serve on the board of regents of a state university system under 
Section 51.357, Education Code, as added by this Act, or on the 
board of regents of a state university under Section 51.358, 
Education Code, as added by this Act, expires February 1, 2013.  The 
appropriate faculty senates, the chancellor of each state 
university system, the president of each state university that is 
not a part of a university system, and the governor shall take the 
actions required by Sections 51.357 and 51.358, Education Code, as 
added by this Act, beginning in 2006 to select a faculty regent to 
serve on the board of regents of each state university or state 
university system for that initial term.
	SECTION 14.  Of the terms on the board of regents of a state 
university or state university system that expire February 1, 2007, 
one of the terms shall be filled by the initial student regent as 
provided by Section 51.355 or 51.356, Education Code, as added by 
this Act, as applicable, and one of the terms shall be filled by the 
initial faculty regent as provided by Section 51.357 or 51.358, 
Education Code, as added by this Act, as applicable.  The remaining 
term shall be filled as provided by law.
	SECTION 15.  This Act does not affect the term of a member of 
a board of regents of a state university or state university system 
serving on the effective date of this Act.
	SECTION 16.  This Act takes effect September 1, 2005.