79(R) SB 870 - Introduced version


                                                                                

79R4418 KSD-D

By:  Shapleigh                                                    S.B. No. 870



A BILL TO BE ENTITLED

AN ACT

relating to student 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, and 51.357 to read as 
follows:
	Sec. 51.355.  STUDENT REGENT DESIGNATE; 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)  Except as provided by Subsection (e), not later than 
September 1 of each year, the student government of each general 
academic teaching institution in a university system shall select 
one graduate student and one undergraduate student of the 
institution to serve as the institution's representatives on the 
university system's student regent nominating committee.  As soon 
thereafter as practicable, the student regent nominating committee 
shall solicit applicants from each institution in the system for 
the position of student regent designate.  Not later than December 
1, from among the applications received by the student regent 
nominating committee, the committee shall select three applicants 
as the committee's recommendations for the position of student 
regent designate for the university system and shall send the 
applications of those applicants to the system's board of regents.  
From among those applicants, not later than February 1 or as soon 
thereafter as practicable, the university system's board of regents 
shall select an applicant to serve as the student regent designate 
for the system for a one-year term expiring on the next February 1.
	(c)  A student regent designate must be enrolled as an 
undergraduate or graduate student in a general academic teaching 
institution in the university system at the time of selection and 
throughout the student regent designate'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.
	(d)  A student regent designate for a university system has 
the same powers and duties as the members of the board of regents of 
the system, except that the student regent designate:
		(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.
	(e)  The student government of the general academic teaching 
institution at which a current student regent designate was 
enrolled at the time of the student regent designate's selection 
may not solicit applicants for the position of student regent 
designate for the next regular term of the position.
	(f)  If the current student regent designate for a university 
system is an undergraduate student at the time of the student regent 
designate's selection, the student regent designate selected for 
the next regular term of the position must be a graduate student at 
the time of that student regent designate's selection.  If the 
current student regent designate for a university system is a 
graduate student at the time of the student regent designate's 
selection, the student regent designate selected for the next 
regular term of the position must be an undergraduate student at the 
time of the student regent designate's selection.
	(g)  A vacancy in the position of student regent designate 
for a university system shall be filled for the unexpired term by 
the board of regents in consultation with the student governments 
of the general academic teaching institutions in the system.
	Sec. 51.356.  STUDENT REGENT DESIGNATE; 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)  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 designate for 
the institution.  Not later than December 1, from among the 
applications received by the student government, the student 
government shall select three applicants as the student 
government's recommendations for the position of student regent 
designate and shall send the applications of those applicants to 
the institution's board of regents.  From among those applicants, 
on February 1 or as soon thereafter as practicable, the board of 
regents shall select an applicant to serve as the student regent 
designate for the institution for a one-year term expiring on the 
next February 1.
	(d)  A student regent designate must be enrolled as an 
undergraduate or graduate student in the general academic teaching 
institution at the time of selection and throughout the student 
regent designate'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.
	(e)  A student regent designate for a general academic 
teaching institution has the same powers and duties as the members 
of the board of regents of the institution, except that the student 
regent designate:
		(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)  If the current student regent designate for a general 
academic teaching institution is an undergraduate student at the 
time of the student regent designate's selection, the student 
regent designate selected for the next regular term of the position 
must be a graduate student at the time of that student designate's 
selection.  If the current student regent designate for a general 
academic teaching institution is a graduate student at the time of 
the student regent designate's selection, the student regent 
designate selected for the next regular term of the position must be 
an undergraduate student at the time of that student regent 
designate's selection.
	(g)  A vacancy in the position of student regent designate 
for a general academic teaching institution shall be filled for the 
unexpired term by the board of regents in consultation with the 
student government of the institution.
	Sec. 51.357.  VOTING STUDENT REGENT.  (a)  On the expiration 
of the term of a student regent designate for a university system 
selected under Section 51.355 or for a general academic teaching 
institution under Section 51.356, the student regent designate 
succeeds to the office of student regent on that board for a term of 
one year.
	(b)  A student regent serving under this section has the same 
powers and duties, including voting privileges, as the other 
members of the board on which the student regent serves.
	(c)  The enrollment requirements described by Section 
51.355(c) or 51.356(d), as applicable, for a student regent 
designate apply to a student regent serving under this section.
	(d)  If a vacancy in the position of student regent occurs, 
the person serving as student regent designate under Section 51.355 
or 51.356, as applicable, shall fill the vacancy for the unexpired 
term.  The resulting vacancy in the position of student regent 
designate shall be filled for the unexpired term as provided by 
Section 51.355 or 51.356, as applicable, except that the chancellor 
of the university system or president of the general academic 
teaching institution, as applicable, shall prescribe expedited 
dates to fill the vacancy promptly.
	(e)  If the one-year term of the student regent is held by 
final judgment of a court to violate the Texas Constitution, the 
student regent in office at that time holds office for a term of six 
years, and a student regent designate shall be selected only for the 
last year of the six-year term or as necessary to fill a vacancy in 
the office of student regent.
	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.  The board 
members other than the student regent are appointed by the governor 
with the advice and consent of the senate.
	(b)  One of the board members must be a student regent 
serving 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 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 one year 
expiring February 1, with the term of the initial student regent 
expiring February 1, 2008.
	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.  The board 
members other than the student regent are appointed by the governor 
with the advice and consent of the senate.
	(b)  One of the board members must be a student regent 
serving 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 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 one year 
expiring February 1, with the term of the initial student regent 
expiring February 1, 2008.
	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.  
The board members other than the student regent are appointed by the 
governor with the advice and consent of the senate.
	(b)  One of the board members must be a student regent 
serving 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 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 one year 
expiring February 1, with the term of the initial student regent 
expiring February 1, 2008.
	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.  
The board members other than the student regent are appointed by the 
governor with the advice and consent of the senate.
	(b)  One of the board members must be a student regent 
serving under Section 51.357.
	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 one year 
expiring February 1, with the term of the initial student regent 
expiring February 1, 2008.
	(c)  A [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 
serving under Section 51.357.
	Sec. 103.03.  BOARD MEMBERS:  APPOINTMENT, TERMS, OATH.  (a) 
Members of the board other than the student regent 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 one year 
expiring February 1, with the term of the initial student regent 
expiring February 1, 2008.
	(d)  A [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.  The board members other than the student regent are
appointed by the governor and confirmed by the senate.
	(b)  One of the board members must be a student regent 
serving 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 one year 
expiring February 1, with the term of the initial student regent 
expiring February 1, 2008.
	(c)  A regent [Members of the board] may be removed from 
office for inefficiency or malfeasance of office.
	(d)  A [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.  The board members 
other than the student regent are appointed by the governor with the 
advice and consent of the senate [Senate].
	(b)  One of the regents must be a student regent serving 
under Section 51.357.
	Sec. 106.12.  TERMS OF OFFICE.  (a)  Regents appointed under 
Section 106.11(a) [Members of the board] 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 one year 
expiring February 1, with the term of the initial student regent 
expiring February 1, 2008.
	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.  The board members other 
than the student regent are [, 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 serving 
under Section 51.357.
	(c)  Each regent other than the student regent must [Each 
member of the board shall] be a qualified voter.
	(d)  The regents [;  and the members] shall be selected from 
different portions of the state.
	(e)  Regents appointed under Subsection (a) [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 one year 
expiring February 1, with the term of the initial student regent 
expiring February 1, 2008.
	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.  The board members other than the 
student regent are [, 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 serving 
under Section 51.357.
	Sec. 109.22.  BOARD MEMBERS:  TERMS, VACANCIES.  (a) Except 
for the initial appointees, regents appointed under Section 
109.21(a) [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 one year 
expiring February 1, with the term of the initial student regent 
expiring February 1, 2008.
	(c)  A [Any] vacancy that occurs on the board 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 
other than the student regent [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 serving 
under Section 51.357.
	(c)  The term of office of each regent appointed under 
Subsection (a) 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 one year 
expiring February 1, with the term of the initial student regent 
expiring February 1, 2008.
	(e)  A [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 designate 
selected 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, system 
regent nominating committees, and boards of regents 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 designate for each state 
university or state university system for that initial term.
	SECTION 13.  The initial term of a student regent on a board 
of regents of a state university or state university system begins 
on the expiration of the initial term of the student regent 
designate serving on that board.
	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 is filled by the initial student regent as provided 
by Section 51.357, Education Code, as added by this Act, and two of 
the terms shall be filled for six-year terms 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.