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A BILL TO BE ENTITLED
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AN ACT
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relating to student members of the board of regents of a state |
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university or state university system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 51.355, Education Code, |
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as added by Chapters 292 and 1181, Acts of the 79th Legislature, |
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Regular Session, 2005, is amended to read as follows: |
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Sec. 51.355. [NONVOTING] STUDENT REGENT; UNIVERSITY SYSTEM |
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BOARD OF REGENTS. |
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SECTION 2. Section 51.355, Education Code, as added by |
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Chapters 292 and 1181, Acts of the 79th Legislature, Regular |
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Session, 2005, is amended by amending Subsections (c), (d), and (e) |
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and adding Subsections (d-1), (e-1), (e-2), and (h) to read as |
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follows: |
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(c) Except as provided by Subsection (f), not later than |
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September 1 of each year, the student government of each general |
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academic teaching institution and medical and dental unit in a |
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university system shall solicit applicants for appointment to the |
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next regular term of the position of student regent. Not later than |
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November 1, from among the applications received by the student |
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government, the student government shall select five applicants as |
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the student government's recommendations for the position of |
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student regent and send the applications of those applicants, with |
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the name of each applicant and the name of the institution or unit |
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in which the applicant is enrolled removed, to the chancellor of the |
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university system. From among those applicants, the chancellor |
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shall select two or more applicants as the university system's |
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recommendations for the position of student regent and shall send |
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the applications of those applicants to the governor not later than |
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December 1. The governor may request to review all applications for |
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the position of student regent received by the student governments, |
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[and] may request to review information required to be removed from |
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an application by a student government under this subsection, and |
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may request an applicant to submit additional information to the |
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governor. On February 1, or as soon thereafter as practicable, the |
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governor shall appoint one of the applicants to serve as the student |
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regent for the system for a one-year term expiring on the next |
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February 1. The governor is not required to appoint an applicant |
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recommended by the chancellor. |
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(d) To be eligible for appointment as student regent, a |
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person [A student regent] must be enrolled as an undergraduate or |
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graduate student in a general academic teaching institution or |
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medical and dental unit in the university system and be in good |
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academic standing as determined by the institution at the time of |
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appointment. The person must remain enrolled at the institution in |
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good academic standing as determined by the institution [and] |
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throughout the person's term as a student regent [regent's term]. |
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For purposes of this subsection, a person is considered to be |
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enrolled in an institution or unit for a summer term if the person |
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was enrolled in the institution or unit for the preceding semester |
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and: |
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(1) is registered or preregistered at the institution |
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or unit for the following fall semester; |
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(2) if the person has not completed the person's degree |
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program, is eligible to continue the degree program at the |
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institution or unit in the following fall semester; or |
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(3) if the person completed a degree program in the |
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preceding semester, is admitted to another degree program at the |
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institution or unit for the following fall semester. |
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(d-1) Throughout a student regent's term, the student |
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regent must maintain a grade point average of at least 2.5 on a |
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four-point scale and make satisfactory academic progress, as |
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determined by the president of the institution in which the student |
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is enrolled, toward a degree in the degree program in which the |
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student regent is enrolled. The president of the institution may |
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grant a student regent an exemption from the requirements of this |
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subsection for good cause as determined by the president. |
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(e) A student regent has the same powers and duties, |
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including voting privileges, as the other members of the board of |
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regents on which the student regent serves. |
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(e-1) This subsection applies only to a student regent |
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appointed for a term expiring on or before February 1, 2009. |
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Subsection (e) does not apply to a student regent to whom this |
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subsection applies. A student regent is not a member of the board |
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of regents of the system for which the student regent is appointed. |
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A student regent has the same powers and duties as the members of |
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the board of regents of the system, including the right to attend |
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and participate in meetings of the board of regents, except that the |
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student regent: |
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(1) may not vote on any matter before the board or make |
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or second any motion before the board; and |
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(2) is not counted in determining whether a quorum |
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exists for a meeting of the board or in determining the outcome of |
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any vote of the board. |
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(e-2) Subsection (e-1) and this subsection expire September |
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1, 2010. |
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(h) If the one-year term of a student regent is held by a |
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final judgment of a court to violate the Texas Constitution, the |
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student regent holds office for a term of six years that expires in |
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the same year in which the terms of two of the other members of the |
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board of regents expire. This subsection applies only to the term |
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of a student regent expiring on or after February 1, 2010. |
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SECTION 3. The heading to Section 51.356, Education Code, |
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is amended to read as follows: |
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Sec. 51.356. [NONVOTING] STUDENT REGENT; INSTITUTION BOARD |
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OF REGENTS. |
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SECTION 4. Section 51.356, Education Code, is amended by |
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amending Subsections (d), (e), and (f) and adding Subsections |
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(e-1), (f-1), (f-2), and (h) to read as follows: |
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(d) Not later than September 1 of each year, the student |
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government of the general academic teaching institution shall |
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solicit applicants for appointment to the next regular term of the |
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position of student regent. Not later than November 1, from among |
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the applications received by the student government, the student |
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government shall select five applicants as the student government's |
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recommendations for the position of student regent and send the |
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applications of those applicants, with the name of each applicant |
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removed, to the president of the institution. From among those |
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applicants, the president shall select two or more applicants as |
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the institution's recommendations for the position of student |
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regent and shall send the applications of those applicants to the |
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governor not later than December 1. The governor may request to |
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review all applications for the position of student regent received |
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by the student government, [and] may request to review information |
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required to be removed from an application by the student |
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government under this subsection, and may request an applicant to |
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submit additional information to the governor. On February 1, or as |
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soon thereafter as practicable, the governor shall appoint one of |
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the applicants to serve as the student regent for the institution |
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for a one-year term expiring on the next February 1. The governor |
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is not required to appoint an applicant recommended by the |
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president. |
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(e) To be eligible for appointment as student regent, a |
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person [A student regent] must be enrolled as an undergraduate or |
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graduate student in the general academic teaching institution and |
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be in good academic standing as determined by the institution at the |
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time of appointment. The person must remain enrolled at the |
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institution in good academic standing as determined by the |
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institution [and] throughout the person's term as a student regent |
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[regent's term]. For purposes of this subsection, a person is |
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considered to be enrolled in an institution for a summer term if the |
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person was enrolled in the institution for the preceding semester |
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and: |
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(1) is registered or preregistered at the institution |
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for the following fall semester; |
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(2) if the person has not completed the person's degree |
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program, is eligible to continue the degree program at the |
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institution in the following fall semester; or |
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(3) if the person completed a degree program in the |
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preceding semester, is admitted to another degree program at the |
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institution for the following fall semester. |
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(e-1) Throughout a student regent's term, the student |
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regent must maintain a grade point average of at least 2.5 on a |
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four-point scale and make satisfactory academic progress, as |
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determined by the president of the institution, toward a degree in |
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the degree program in which the student regent is enrolled. The |
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president of the institution may grant a student regent an |
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exemption from the requirements of this subsection for good cause |
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as determined by the president. |
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(f) A student regent has the same powers and duties, |
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including voting privileges, as the other members of the board of |
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regents on which the student regent serves. |
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(f-1) This subsection applies only to a student regent |
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appointed for a term expiring on or before February 1, 2009. |
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Subsection (f) does not apply to a student regent to whom this |
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subsection applies. A student regent is not a member of the board |
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of regents of the institution for which the student regent is |
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appointed. A student regent has the same powers and duties as the |
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members of the board of regents of the institution, including the |
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right to attend and participate in meetings of the board of regents, |
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except that the student regent: |
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(1) may not vote on any matter before the board or make |
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or second any motion before the board; and |
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(2) is not counted in determining whether a quorum |
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exists for a meeting of the board or in determining the outcome of |
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any vote of the board. |
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(f-2) Subsection (f-1) and this subsection expire September |
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1, 2010. |
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(h) If the one-year term of the student regent is held by a |
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final judgment of a court to violate the Texas Constitution, the |
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student regent holds office for a term of six years that expires in |
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the same year in which the terms of two of the other members of the |
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board of regents expire. This subsection applies only to the term |
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of a student regent expiring on or after February 1, 2010. |
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SECTION 5. Sections 65.11 and 65.12, Education Code, are |
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amended to read as follows: |
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Sec. 65.11. BOARD OF REGENTS. (a) The government of the |
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university system is vested in a board of nine regents appointed by |
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the governor with the advice and consent of the senate. |
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(b) One of the board members must be a student regent |
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serving under Section 51.355. |
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(c) The board may provide for the administration, |
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organization, and names of the institutions and entities in The |
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University of Texas System in such a way as will achieve the maximum |
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operating efficiency of such institutions and entities, provided, |
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however, that no institution or entity of The University of Texas |
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System not authorized by specific legislative act to offer a |
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four-year undergraduate program as of the effective date of this |
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Act shall offer any such four-year undergraduate program without |
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prior recommendation and approval by a two-thirds vote of the Texas |
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Higher Education Coordinating Board and a specific act of the |
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legislature [Legislature]. |
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Sec. 65.12. QUALIFICATIONS; TERMS. (a) Each member of the |
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board shall be a qualified voter. |
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(b) The board[; and the] members other than the student |
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regent shall be selected from different portions of the state. |
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(c) The board members other than the student regent hold |
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office for staggered terms of six years, with the terms of two or |
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three regents, as applicable, expiring February 1 of odd-numbered |
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years. |
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(d) The student regent holds office for a term of one year |
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expiring February 1, with the term of the initial student regent |
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expiring February 1, 2010. |
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SECTION 6. Sections 85.11 and 85.12, Education Code, are |
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amended to read as follows: |
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Sec. 85.11. BOARD OF REGENTS. (a) The government of the |
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university system is vested in a board of nine regents appointed by |
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the governor with the advice and consent of the senate. |
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(b) One of the board members must be a student regent |
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serving under Section 51.355. |
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Sec. 85.12. QUALIFICATIONS; TERMS. (a) Each member of the |
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board shall be a qualified voter. |
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(b) The board[; and the] members other than the student |
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regent shall be selected from different portions of the state. |
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(c) The board members other than the student regent hold |
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office for staggered terms of six years, with the terms of two or |
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three regents, as applicable, expiring February 1 of odd-numbered |
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years. |
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(d) The student regent holds office for a term of one year |
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expiring February 1, with the term of the initial student regent |
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expiring February 1, 2010. |
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SECTION 7. Subchapter A, Chapter 95, Education Code, is |
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amended by amending Section 95.02 and adding Section 95.022 to read |
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as follows: |
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Sec. 95.02. BOARD OF REGENTS [MEMBERS: APPOINTMENT,
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QUALIFICATIONS, TERMS]. (a) The board is composed of nine members |
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appointed by the governor with the advice and consent of the senate. |
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(b) One of the board members must be a student regent |
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serving under Section 51.355 [The members hold office for terms of
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six years, with the terms of three members expiring February 1 of
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odd-numbered years. Each member of the board shall be a qualified
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voter; and the members shall be selected from different portions of
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the state]. |
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Sec. 95.022. QUALIFICATIONS; TERMS. (a) Each member of the |
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board of regents other than the student regent must be a qualified |
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voter. |
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(b) The board members other than the student regent shall be |
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selected from different portions of the state. |
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(c) The board members other than the student regent hold |
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office for terms of six years, with the terms of two or three |
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regents, as applicable, expiring February 1 of odd-numbered years. |
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(d) The student regent holds office for a term of one year |
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expiring February 1, with the term of the initial student regent |
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expiring February 1, 2010. |
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SECTION 8. Sections 101.11 and 101.12, Education Code, are |
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amended to read as follows: |
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Sec. 101.11. BOARD OF REGENTS. (a) The control and |
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management of the university are [is] vested in a board of nine |
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regents appointed by the governor with the advice and consent of the |
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senate. |
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(b) One of the board members must be a student regent |
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serving under Section 51.356. |
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Sec. 101.12. TERM OF OFFICE. (a) Members of the board |
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other than the student regent hold office for staggered terms of six |
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years, with the terms of two or three members, as applicable, |
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expiring [on] January 31 of each odd-numbered year. |
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(b) The student regent holds office for a term of one year |
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expiring February 1, with the term of the initial student regent |
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expiring February 1, 2010. |
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(c) Any vacancy shall be filled by appointment for the |
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unexpired portion of the term. |
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SECTION 9. Sections 103.02 and 103.03, Education Code, are |
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amended to read as follows: |
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Sec. 103.02. BOARD OF REGENTS. (a) The organization, |
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control, and management of the university are [is] vested in a board |
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of nine regents. |
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(b) One of the board members must be a student regent |
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serving under Section 51.356. |
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Sec. 103.03. BOARD MEMBERS: APPOINTMENT, TERMS, OATH. (a) |
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Members of the board shall be appointed by the governor and |
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confirmed by the senate. |
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(b) Members of the board other than the student regent hold |
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office for staggered terms of six years. |
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(c) The student regent holds office for a term of one year |
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expiring February 1, with the term of the initial student regent |
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expiring February 1, 2010. |
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(d) Any vacancy that occurs on the board shall be filled for |
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the unexpired term by appointment of the governor. |
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(e) Each member of the board shall take the constitutional |
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oath of office. |
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SECTION 10. Sections 105.051 and 105.052, Education Code, |
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are amended to read as follows: |
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Sec. 105.051. BOARD OF REGENTS. (a) The organization, |
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control, and management of the University of North Texas System and |
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each component institution of the system are [is] vested in a board |
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of nine regents appointed by the governor and confirmed by the |
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senate. |
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(b) One of the board members must be a student regent |
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serving under Section 51.355. |
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Sec. 105.052. TERM OF OFFICE; REMOVAL; VACANCY. (a) The |
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term of office of each regent other than the student regent is six |
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years, with the terms of two or three regents, as applicable, |
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expiring every two years. |
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(b) The student regent holds office for a term of one year |
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expiring February 1, with the term of the initial student regent |
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expiring February 1, 2010. |
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(c) A regent [Members of the board] may be removed from |
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office for inefficiency or malfeasance of office. |
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(d) Any vacancy that occurs on the board shall be filled by |
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the governor for the unexpired term. |
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SECTION 11. Sections 106.11 and 106.12, Education Code, are |
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amended to read as follows: |
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Sec. 106.11. BOARD OF REGENTS. (a) The government of the |
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university is vested in a board of nine regents appointed by the |
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governor with the advice and consent of the senate [Senate]. |
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(b) One of the regents must be a student regent serving |
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under Section 51.356. |
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Sec. 106.12. TERMS OF OFFICE. (a) Regents appointed under |
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Section 106.11(a) [Members of the board] hold office for staggered |
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terms of six years, with the terms of two or three regents, as |
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applicable, [directors] expiring [on] February 1 of odd-numbered |
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years. |
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(b) The student regent holds office for a term of one year |
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expiring February 1, with the term of the initial student regent |
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expiring February 1, 2010. |
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SECTION 12. Section 107.21, Education Code, is amended to |
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read as follows: |
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Sec. 107.21. BOARD OF REGENTS. (a) The board of regents of |
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the university is composed of nine persons[, four of whom shall be
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women,] appointed by the governor with the advice and consent of the |
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senate. Four of the regents must be women. |
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(b) One of the regents must be a student regent serving |
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under Section 51.356. |
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(c) Each regent other than the student regent must [Each
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member of the board shall] be a qualified voter. |
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(d) The regents [; and the members] shall be selected from |
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different portions of the state. |
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(e) Regents appointed under Subsection (a) [The members] |
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hold office for staggered terms of six years, with the terms of two |
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or three regents, as applicable, expiring February 1 of |
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odd-numbered years. |
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(f) The student regent holds office for a term of one year |
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expiring February 1, with the term of the initial student regent |
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expiring February 1, 2010. |
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SECTION 13. Sections 109.21 and 109.22, Education Code, are |
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amended to read as follows: |
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Sec. 109.21. BOARD OF REGENTS. (a) The government, |
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control, and direction of the policies of the university are vested |
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in a board of nine regents[, who shall be] appointed by the governor |
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with the advice and consent of the senate. |
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(b) One of the regents must be a student regent serving |
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under Section 51.355. |
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Sec. 109.22. BOARD MEMBERS: TERMS, VACANCIES. (a) Except |
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for the initial appointees, regents appointed under Section |
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109.21(a) [members] hold office for [of] terms of six years |
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expiring [on] January 31 of odd-numbered years[. In making the
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initial appointments, the governor shall designate three for terms
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expiring in 1971, three for terms expiring in 1973, and three for
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terms expiring in 1975]. |
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(b) The student regent holds office for a term of one year |
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expiring February 1, with the term of the initial student regent |
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expiring February 1, 2010. |
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(c) Any vacancy shall be filled for the unexpired portion of |
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the term by appointment by the governor with the advice and consent |
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of the senate. |
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SECTION 14. Section 111.12, Education Code, is amended to |
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read as follows: |
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Sec. 111.12. APPOINTMENTS TO BOARD; TERMS. (a) The regents |
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[Members of the board] are appointed by the governor with the advice |
|
and consent of the senate. |
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(b) One of the regents must be a student regent serving |
|
under Section 51.355. |
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(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. |
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(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, 2010. |
|
(e) Any vacancy that occurs on the board shall be filled for |
|
the unexpired term by appointment of the governor. |
|
SECTION 15. (a) Of the terms on the board of regents of a |
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university system that expire February 1, 2009, one of the terms is |
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filled by a student regent as provided by Section 51.355, Education |
|
Code, as added by Chapters 292 and 1181, Acts of the 79th |
|
Legislature, Regular Session, 2005, and as amended by this Act, and |
|
the other two terms shall be filled for six-year terms as otherwise |
|
provided by law. |
|
(b) Of the terms on the board of regents of a state |
|
university that expire February 1, 2009, one of the terms is filled |
|
by a student regent as provided by Section 51.356, Education Code, |
|
as amended by this Act, and the other two terms shall be filled for |
|
six-year terms as otherwise provided by law. |
|
SECTION 16. 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 17. This Act takes effect September 1, 2007. |