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S.B. No. 34
AN ACT
relating to the governing board of a state university or state
university system and to the tuition rebate program for certain
undergraduates at certain state institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (1), Section 51.351, Education Code,
is amended to read as follows:
(1) "General academic teaching institution,"
"governing board," "institution of higher education," "medical and
dental unit," "public junior college," and "university system" have
the meanings assigned by Section 61.003 [of this code].
SECTION 2. Subchapter G, Chapter 51, Education Code, is
amended by adding Sections 51.355 and 51.356 to read as follows:
Sec. 51.355. NONVOTING 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 or medical
and dental unit.
(b) The chancellor of each university system shall develop a
uniform application form to be used by each general academic
teaching institution and medical and dental unit 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 year, the student government of each general
academic teaching institution and medical and dental unit 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 five applicants as the student government's
recommendations for the position of student regent and send the
applications of those applicants, with the name of each applicant
and the name of the institution or unit in which the applicant is
enrolled removed, to the chancellor of the university system. From
among those applicants, the chancellor shall select two or more
applicants as the university system's recommendations for the
position of student regent and shall send the applications of those
applicants to the governor not later than December 1. The governor
may request to review all applications for the position of student
regent received by the student governments and may request to
review information required to be removed from an application by a
student government under this subsection. On February 1, or as soon
thereafter as practicable, the governor shall appoint one of the
applicants to serve as the student regent for the system for a
one-year term expiring on the next February 1. 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
medical and dental unit in the university system at the time of
appointment and throughout the student regent's term. For purposes
of this subsection, a person is considered to be enrolled in an
institution or unit for a summer term if the person was enrolled in
the institution or unit for the preceding semester and:
(1) is registered or preregistered at the institution
or unit 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 or unit 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 or unit for the following fall semester.
(e) A student regent is not a member of the board of regents
of the system for which the student regent is appointed. A student
regent has the same powers and duties as the members of the board of
regents of the system, including the right to attend and
participate in meetings of the board of regents, except that the
student regent:
(1) may not vote on any matter before the board or make
or second any motion before the board; and
(2) 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.
(f) The student government of the general academic teaching
institution or medical and dental unit 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 position.
(g) A vacancy in the position of student regent for a
university system shall be filled for the unexpired term by
appointment by the governor in consultation with the chancellor of
the system.
Sec. 51.356. NONVOTING 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 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 five
applicants as the student government's recommendations for the
position of student regent and send the applications of those
applicants, with the name of each applicant removed, to the
president of the institution. From among those applicants, the
president shall select two or more applicants as the institution's
recommendations for the position of student regent and shall send
the applications of those applicants to the governor not later than
December 1. The governor may request to review all applications for
the position of student regent received by the student government
and may request to review information required to be removed from an
application by the student government under this subsection. On
February 1, or as soon thereafter as practicable, the governor
shall appoint one of the applicants to serve as the student regent
for the institution for a one-year term expiring on the next
February 1. The governor is not required to appoint an applicant
recommended by the president.
(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.
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 is not a member of the board of regents
of the institution for which the student regent is appointed. A
student regent has the same powers and duties as the members of the
board of regents of the institution, including the right to attend
and participate in meetings of the board of regents, except that the
student regent:
(1) may not vote on any matter before the board or make
or second any motion before the board; and
(2) 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.
(g) A vacancy in the position of student regent for an
institution shall be filled for the unexpired term by appointment
by the governor in consultation with the president of the
institution.
SECTION 3. Subsections (a), (c), and (i), Section 54.0065,
Education Code, are amended to read as follows:
(a) A qualified student is eligible for a rebate of a
portion of the undergraduate tuition the student has paid if the
student:
(1) is awarded a baccalaureate degree from a general
academic teaching institution within the period prescribed by
Section 56.462(1)(A) or (B), as applicable, to qualify for
forgiveness of a Texas B-On-time loan; and
(2) has attempted no more than three hours in excess of
the minimum number of semester credit hours required to complete
the degree, including:
(A) transfer credits; and
(B) course credit earned exclusively by
examination, except that, for purposes of this subsection, only the
number of semester credit hours earned exclusively by examination
in excess of nine semester credit hours is treated as hours
attempted.
(c) A student who has transferred from another institution
of higher education shall provide the institution awarding the
degree an official transcript from each institution attended by the
student in order that the period during which the student has been
enrolled in a general academic teaching institution and the total
number of hours attempted by the student can be verified.
(i) The coordinating board, in consultation with the
institutions of higher education, shall adopt rules for the
administration of this section, including a rule to allow an
otherwise eligible student to receive a rebate under this section
if the student is not awarded a baccalaureate degree within the
period required by Subsection (a)(1) solely as a result of a
hardship or other good cause. The performance of active duty
military service by a student shall be recognized as "good cause"
for purposes of this section.
SECTION 4. The initial term of a student regent appointed
for a state university system under Section 51.355, Education Code,
as added by this Act, or for a state university under Section
51.356, Education Code, as added by this Act, expires February 1,
2007. 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, as soon as practicable after this Act
takes effect to select a student regent for each state university or
state university system for that initial term.
SECTION 5. (a) The changes in law made by this Act to
Subsections (a), (c), and (i), Section 54.0065, Education Code,
apply only to a student who enters a general academic teaching
institution for the first time on or after the effective date of
this Act.
(b) The Texas Higher Education Coordinating Board shall
adopt the rule required by Subsection (i), Section 54.0065,
Education Code, as amended by this Act, relating to students who do
not graduate within the required time as a result of hardship or
other good cause, as soon as practicable after this Act takes
effect. For that purpose, the coordinating board may adopt the
initial rule in the manner provided by law for emergency rules.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 34 passed the Senate on
March 31, 2005, by the following vote: Yeas 28, Nays 0;
May 26, 2005, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 27, 2005, House
granted request of the Senate; May 29, 2005, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 34 passed the House, with
amendments, on May 25, 2005, by the following vote: Yeas 143,
Nays 0, two present not voting; May 27, 2005, House granted request
of the Senate for appointment of Conference Committee;
May 29, 2005, House adopted Conference Committee Report by the
following vote: Yeas 143, Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor