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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 system or a state university. |
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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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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, is amended by |
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amending Subsections (c), (d-1), (e), and (i) and adding |
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Subsections (e-1), (e-2), and (j) to read as follows: |
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(c) Except as provided by Subsection (f), not later than |
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November 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 |
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than December [January] 1, from among the applications received by |
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the student government, the student government shall select five |
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applicants as the student government's recommendations for the |
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position of student regent and send the applications of those |
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applicants to the chancellor of the university system. From among |
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those applicants, the chancellor shall select two or more |
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applicants as the university system's recommendations for the |
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position of student regent and shall send the applications of those |
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applicants to the governor not later than January [February] |
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1. The governor may request to review all applications for the |
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position of student regent received by the student governments and |
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may request an applicant to submit additional information to the |
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governor. Not later than February 1 [On June 1, or as soon
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thereafter as practicable], the governor with the advice and |
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consent of the senate shall appoint one of the applicants to serve |
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as the student regent for the system for a one-year term expiring on |
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the next February 1 [May 31]. The governor is not required to |
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appoint an applicant recommended by the chancellor. |
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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 3.0 [2.5] on |
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a four-point scale. The president of the institution in which the |
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student regent is enrolled shall notify the governor if the student |
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regent fails to maintain the qualifications required by this |
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section. |
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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, 2011. |
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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, 2012. |
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(i) A student 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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student 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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This subsection applies only to a student regent appointed for a |
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term expiring on or before February 1, 2011. This subsection |
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expires September 1, 2012. |
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(j) If the one-year term of a student regent is held by a |
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final judgment of a court to violate Section 30a, Article XVI, Texas |
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Constitution, the student regent holds office for a term of six |
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years that expires in the same year in which the terms of two of the |
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other members of the board of regents expire. This subsection |
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applies only to the term of a student regent expiring on or after |
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February 1, 2012. |
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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-1), (f), and (i) and adding |
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Subsections (f-1), (f-2), and (j) to read as follows: |
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(d) Not later than November 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 December [January] 1, |
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from among the applications received by the student government, the |
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student government shall select five applicants as the student |
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government's recommendations for the position of student regent and |
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send the applications of those applicants to the president of the |
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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 student regent and shall send the applications |
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of those applicants to the governor not later than January |
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[February] 1. The governor may request to review all applications |
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for the position of student regent received by the student |
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government and may request an applicant to submit additional |
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information to the governor. Not later than February 1 [On June 1,
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or as soon thereafter as practicable], the governor with the advice |
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and consent of the senate shall appoint one of the applicants to |
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serve as the student regent for the institution for a one-year term |
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expiring on the next February 1 [May 31]. The governor is not |
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required to appoint an applicant recommended by the president. |
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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 3.0 [2.5] on |
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a four-point scale. The president of the institution in which the |
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student regent is enrolled shall notify the governor if the student |
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regent fails to maintain the qualifications required by this |
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section. |
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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, 2011. |
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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, 2012. |
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(i) A student 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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student 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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This subsection applies only to a student regent appointed for a |
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term expiring on or before February 1, 2011. This subsection |
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expires September 1, 2012. |
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(j) If the one-year term of the student regent is held by a |
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final judgment of a court to violate Section 30a, Article XVI, Texas |
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Constitution, the student regent holds office for a term of six |
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years that expires in the same year in which the terms of two of the |
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other members of the board of regents expire. This subsection |
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applies only to the term of a student regent expiring on or after |
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February 1, 2012. |
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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 |
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the 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, 2012. |
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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, 2012. |
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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 |
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members 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 51.355 [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, 2012. |
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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, 2012. |
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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, 2012. |
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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, 2012. |
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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) 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 regents, as applicable, |
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[directors] expiring [on] February 1 of odd-numbered 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, 2012. |
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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) The regents other than the student regent [members] 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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(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, 2012. |
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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) The |
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regents other than the student regent [Except for the initial
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appointees, 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, 2012. |
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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 |
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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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(c) The term of office of each regent other than the student |
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regent shall be six years[, except that in making the first
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appointments the governor shall appoint three members for six
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years, three members for four years, and three members for two
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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, 2012. |
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(e) 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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SECTION 15. (a) When the terms of members of the board of |
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regents of a state university system expire February 1, 2011, one of |
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the resulting vacancies on that board shall be filled by a student |
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regent as provided by Section 51.355, Education Code, as amended by |
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this Act, for a term expiring February 1, 2012, and the other two |
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vacancies shall be filled for six-year terms as otherwise provided |
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by law. |
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(b) When the terms of members of the board of regents of a |
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state university expire February 1, 2011, one of the resulting |
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vacancies on that board shall be filled by a student regent as |
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provided by Section 51.356, Education Code, as amended by this Act, |
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for a term expiring February 1, 2012, and the other two vacancies |
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shall be filled for six-year terms as otherwise provided by law. |
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SECTION 16. The term of a nonvoting student regent |
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appointed before the effective date of this Act to serve for a state |
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university system or a state university for a term expiring May 1, |
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2011, expires on the date a voting student regent is appointed under |
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Section 51.355 or 51.356, Education Code, as amended by this Act, to |
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the board of regents of the system or university, as applicable. |
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SECTION 17. This Act does not affect the term of a member of |
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a board of regents of a state university system or a state |
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university serving on the effective date of this Act. |
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SECTION 18. The changes in law made by this Act to Sections |
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51.355(d-1) and 51.356(e-1), Education Code, apply only to a |
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student regent appointed to the board of regents of a state |
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university system or a state university on or after the effective |
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date of this Act. |
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SECTION 19. This Act takes effect September 1, 2010. |