79(R) SB 934 - Introduced version


                                                                                

79R2041 KSD-D

By:  Wentworth, et al.                                            S.B. No. 934



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)  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 designate.
	(c)  Except as provided by Subsection (f), not later than 
September 1 of each year, the student government of each general 
academic teaching institution in a university system shall solicit 
applicants for the position of student regent designate.  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 designate and send the applications of 
those applicants, with the name of each applicant and the name of 
the institution 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 designate 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 designate 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, 
with the advice and consent of the senate, shall appoint one of the 
applicants to serve as the student regent designate on the 
university system's board of regents to 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 designate 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 designate'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 designate has the same powers and 
duties as the other members of the board to which the student regent 
designate is appointed, 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)  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 appointment 
may not solicit applicants for the position of student regent 
designate for the next regular term of the office.
	(g)  A vacancy in the position of student regent designate 
shall be filled for the unexpired term by appointment by the 
governor in consultation with the chancellor of the university 
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)  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 designate.
	(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 designate.  
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 designate 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 designate 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 designate 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, with the advice and 
consent of the senate, shall appoint one of the applicants to serve 
as the student regent designate on the institution's board of 
regents to 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 designate 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 designate'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 designate has the same powers and 
duties as the other members of the board to which the student regent 
designate is appointed, 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.
	(g)  A vacancy in the position of student regent designate 
shall be filled for the unexpired term by appointment by the 
governor in consultation with the president of the general academic 
teaching institution.
	Sec. 51.357.  VOTING STUDENT REGENT.  (a)  On the expiration 
of the term of a student regent designate appointed to the board of 
regents of a university system under Section 51.355 or to the board 
of regents of a general academic teaching institution under Section 
51.356, the student regent designate succeeds to the position 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(d) or 51.356(e), 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.
	(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 holds office for a term of six years.
	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 
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 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 
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 
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)  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:  APPOINTMENTS, 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 one year 
expiring February 1, with the term of the initial student regent 
expiring February 1, 2008.
	(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 
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)  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 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[, 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[, 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)  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 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)  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 
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 or regents of 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 designate 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 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.