81R27350 KSD-F

By: Pierson, Rios Ybarra H.B. No. 330

Substitute the following for H.B. No. 330:

By: Branch C.S.H.B. No. 330

A BILL TO BE ENTITLED

AN ACT

relating to the appointment of a nonvoting faculty regent to 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 51.358 and 51.359 to read as follows:

Sec. 51.358. NONVOTING FACULTY REGENT; UNIVERSITY SYSTEM BOARD OF REGENTS. (a) In this section, "faculty senate" means the representative faculty organization directly elected by the general faculty 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 faculty regent.

(c) Except as provided by Subsection (f), not later than November 1 of each year, the faculty senate of each general academic teaching institution and medical and dental unit in a university system shall solicit applicants from the faculty of the institution or unit for appointment to the next regular term of the position of faculty regent. Not later than January 1, from among the applications received by the faculty senate, the faculty senate shall select five applicants as the faculty senate's recommendations for the position of faculty regent and send the applications of those applicants 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 faculty regent and shall send the applications of those applicants to the governor not later than February 1. The governor may request to review all applications for the position of faculty regent received by any of the faculty senates and may request an applicant to submit additional information to the governor. On June 1, or as soon thereafter as practicable, the governor shall appoint one of the applicants to serve as the faculty regent for the system for a one-year term expiring on the next May 31. The governor is not required to appoint an applicant recommended by the chancellor.

(d) To be eligible for appointment as faculty regent, a person must be a tenured faculty member of a general academic teaching institution or medical and dental unit in the university system and be in good standing as determined by the institution at the time of appointment. The person must remain employed as a faculty member of the institution throughout the person's term as a faculty regent.

(e) A faculty regent is not a member of the board of regents of the system for which the faculty regent is appointed. A faculty 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 faculty 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 faculty senate of the general academic teaching institution or medical and dental unit at which a current faculty regent was employed at the time of the faculty regent's appointment as faculty regent may not solicit applicants for the position of faculty regent for the next regular term of the position.

(g) A vacancy in the position of faculty 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.

(h) A faculty regent serves without compensation but is entitled to be reimbursed for the actual expenses incurred by the faculty regent in attending the meetings of the board of regents, subject to the approval of the chairman of the board of regents.

Sec. 51.359. NONVOTING FACULTY 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, "faculty senate" means the representative faculty organization directly elected by the general faculty 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 faculty regent.

(d) Not later than November 1 of each year, the faculty senate of the general academic teaching institution shall solicit applicants from the faculty of the institution for appointment to the next regular term of the position of faculty regent. Not later than January 1, from among the applications received by the faculty senate, the faculty senate shall select five applicants as the faculty senate's recommendations for the position of faculty regent and send the applications of those applicants 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 faculty regent and shall send the applications of those applicants to the governor not later than February 1. The governor may request to review all applications for the position of faculty regent received by the faculty senate and may request an applicant to submit additional information to the governor. On June 1, or as soon thereafter as practicable, the governor shall appoint one of the applicants to serve as the faculty regent for the institution for a one-year term expiring on the next May 31. The governor is not required to appoint an applicant recommended by the president.

(e) To be eligible for appointment as faculty regent, a person must be a tenured faculty member at the general academic teaching institution and be in good standing as determined by the institution at the time of appointment. The person must remain employed as a faculty member of the institution throughout the person's term as a faculty regent.

(f) A faculty regent is not a member of the board of regents of the institution for which the faculty regent is appointed. A faculty 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 faculty 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 faculty regent for an institution shall be filled for the unexpired term by appointment by the governor in consultation with the president of the institution.

(h) A faculty regent serves without compensation but is entitled to be reimbursed for the actual expenses incurred by the faculty regent in attending the meetings of the board of regents, subject to the approval of the chairman of the board of regents.

SECTION 2. The initial term of a faculty regent appointed for a state university system under Section 51.358, Education Code, as added by this Act, or for a state university under Section 51.359, Education Code, as added by this Act, expires May 31, 2011. The appropriate faculty senates, the chancellor of each state university system, the president of each state university that is not a part of a university system, and the governor shall take the actions required by Sections 51.358 and 51.359, Education Code, as added by this Act, as soon as practicable after this Act takes effect to select a faculty regent for each state university or state university system for that initial term.

SECTION 3. 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, 2009.