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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of a nonvoting faculty regent to the |
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board of regents of each state university or state university |
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system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 51, Education Code, is |
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amended by adding Sections 51.358 and 51.359 to read as follows: |
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Sec. 51.358. NONVOTING FACULTY REGENT; UNIVERSITY SYSTEM |
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BOARD OF REGENTS. (a) In this section, "faculty senate" means the |
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representative faculty organization directly elected by the |
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general faculty of a general academic teaching institution or |
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medical and dental unit. |
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(b) The chancellor of each university system shall develop a |
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uniform application form to be used by each general academic |
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teaching institution and medical and dental unit in the university |
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system to solicit applicants for the position of faculty regent. |
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(c) Except as provided by Subsection (f), not later than |
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November 1 of each year, the faculty senate of each general academic |
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teaching institution and medical and dental unit in a university |
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system shall solicit applicants from the faculty of the institution |
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or unit for appointment to the next regular term of the position of |
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faculty regent. Not later than January 1, from among the |
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applications received by the faculty senate, the faculty senate |
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shall select five applicants as the faculty senate's |
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recommendations for the position of faculty regent and send the |
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applications of those applicants 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 faculty regent and shall send |
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the applications of those applicants to the governor not later than |
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February 1. The governor may request to review all applications |
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for the position of faculty regent received by any of the faculty |
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senates and may request an applicant to submit additional |
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information to the governor. On June 1, or as soon thereafter as |
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practicable, the governor shall appoint one of the applicants to |
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serve as the faculty regent for the system for a one-year term |
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expiring on the next May 31. The governor is not required to |
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appoint an applicant recommended by the chancellor. |
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(d) To be eligible for appointment as faculty regent, a |
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person must be a tenured faculty member of a general academic |
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teaching institution or medical and dental unit in the university |
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system and be in good standing as determined by the institution at |
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the time of appointment. The person must remain employed as a |
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faculty member of the institution throughout the person's term as a |
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faculty regent. |
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(e) A faculty regent is not a member of the board of regents |
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of the system for which the faculty regent is appointed. A faculty |
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regent has the same powers and duties as the members of the board of |
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regents of the system, including the right to attend and |
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participate in meetings of the board of regents, except that the |
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faculty 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) The faculty senate of the general academic teaching |
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institution or medical and dental unit at which a current faculty |
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regent was employed at the time of the faculty regent's appointment |
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as faculty regent may not solicit applicants for the position of |
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faculty regent for the next regular term of the position. |
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(g) A vacancy in the position of faculty regent for a |
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university system shall be filled for the unexpired term by |
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appointment by the governor in consultation with the chancellor of |
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the system. |
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(h) A faculty regent serves without compensation but is |
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entitled to be reimbursed for the actual expenses incurred by the |
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faculty regent in attending the meetings of the board of regents, |
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subject to the approval of the chairman of the board of regents. |
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Sec. 51.359. NONVOTING FACULTY REGENT; INSTITUTION BOARD OF |
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REGENTS. (a) This section applies only to a general academic |
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teaching institution that is not a part of a university system. |
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(b) In this section, "faculty senate" means the |
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representative faculty organization directly elected by the |
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general faculty of a general academic teaching institution. |
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(c) The president of a general academic teaching |
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institution shall develop a uniform application form to be used to |
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solicit applicants for the position of faculty regent. |
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(d) Not later than November 1 of each year, the faculty |
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senate of the general academic teaching institution shall solicit |
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applicants from the faculty of the institution for appointment to |
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the next regular term of the position of faculty regent. Not later |
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than January 1, from among the applications received by the faculty |
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senate, the faculty senate shall select five applicants as the |
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faculty senate's recommendations for the position of faculty regent |
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and send the applications of those applicants to the president of |
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the institution. From among those applicants, the president shall |
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select two or more applicants as the institution's recommendations |
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for the position of faculty regent and shall send the applications |
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of those applicants to the governor not later than February 1. The |
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governor may request to review all applications for the position of |
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faculty regent received by the faculty senate and may request an |
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applicant to submit additional information to the governor. On |
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June 1, or as soon thereafter as practicable, the governor shall |
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appoint one of the applicants to serve as the faculty regent for the |
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institution for a one-year term expiring on the next May 31. The |
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governor 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 faculty regent, a |
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person must be a tenured faculty member at the general academic |
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teaching institution and be in good standing as determined by the |
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institution at the time of appointment. The person must remain |
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employed as a faculty member of the institution throughout the |
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person's term as a faculty regent. |
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(f) A faculty regent is not a member of the board of regents |
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of the institution for which the faculty regent is appointed. A |
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faculty regent has the same powers and duties as the members of the |
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board of regents of the institution, 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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faculty 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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(g) A vacancy in the position of faculty regent for an |
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institution shall be filled for the unexpired term by appointment |
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by the governor in consultation with the president of the |
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institution. |
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(h) A faculty regent serves without compensation but is |
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entitled to be reimbursed for the actual expenses incurred by the |
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faculty regent in attending the meetings of the board of regents, |
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subject to the approval of the chairman of the board of regents. |
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SECTION 2. The initial term of a faculty regent appointed |
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for a state university system under Section 51.358, Education Code, |
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as added by this Act, or for a state university under Section |
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51.359, Education Code, as added by this Act, expires May 31, 2011. |
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The appropriate faculty senates, the chancellor of each state |
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university system, the president of each state university that is |
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not a part of a university system, and the governor shall take the |
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actions required by Sections 51.358 and 51.359, Education Code, as |
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added by this Act, as soon as practicable after this Act takes |
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effect to select a faculty regent for each state university or state |
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university system for that initial term. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |