By: Zaffirini S.B. No. 1741

A BILL TO BE ENTITLED

AN ACT

relating to training for and complaints regarding members of the governing board of a public institution of higher education.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 61.084, Education Code, is amended by amending Subsections (a) and (d) and adding Subsections (a-1), (a-2), and (h) to read as follows:

(a) The board by rule shall establish a training program for members of the governing boards of institutions of higher education. Each member of a governing board of an institution of higher education shall attend, during the member's first year [two years] of service as a member of a governing board of an institution of higher education, at least one training program under this section. A member of a governing board who is required to attend a training program under this section may attend additional training programs under this section.

(a-1) The board's rules must require a governing board member who holds an appointive position to attend, as part of the training program, the intensive short orientation course developed under Section 61.0841 and any available training course sponsored or coordinated by the office of the governor with a curriculum designed for training newly appointed state officers, board members, or high-level executive officials. The rules must require the member to attend those courses the first time they are offered following the date the member takes the oath of office, regardless of whether that attendance is required under other law. The rules may provide a governing board member with additional time to attend those courses if the member for good cause is unable to attend the courses the first time they are offered. Subsection (g) does not apply to the courses required by this subsection.

(a-2) A member of the governing board of an institution of higher education who holds an appointive position is prohibited from voting on a budgetary or personnel matter related to system administration or institutions of higher education until the member completes the intensive short orientation course described by Subsection (a-1).

(d) The content of the instruction at the training program shall focus on the official role and duties of the members of governing boards and shall provide training in the areas of budgeting, policy development, ethics, and governance. Topics covered by the training program must [may] include:

(1) auditing procedures and recent audits of institutions of higher education;

(2) the enabling legislation that creates institutions of higher education;

(3) the role of the governing board at institutions of higher education and the relationship between the governing board and an institution's administration, faculty and staff, and students, including limitations on the authority of the governing board;

(4) the mission statements of institutions of higher education;

(5) disciplinary and investigative authority of the governing board;

(6) the requirements of the open meetings law, Chapter 551, Government Code, and the open records law, Chapter 552, Government Code;

(7) the requirements of conflict of interest laws and other laws relating to public officials;

(8) any applicable ethics policies adopted by institutions of higher education or the Texas Ethics Commission;

(9) the requirements of laws relating to the protection of student information under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g) or any other federal or state law relating to the privacy of student information; and

(10) [(9)] any other topic relating to higher education the board considers important.

(h) The board is responsible for documenting completion of the requirements provided by this section.

SECTION 2. Subchapter C, Chapter 61, Education Code, is amended by adding Sections 61.0841 and 61.0842 to read as follows:

Sec. 61.0841. INTENSIVE SHORT COURSE. (a) The board shall develop an intensive short orientation course for members of the governing boards of institutions of higher education who hold appointive positions. The orientation course may be offered in the form of a written document or online interactive course or may be offered in a one-on-one or group setting.

(b) The instruction in the orientation course must include:

(1) best practices relating to excellence, transparency, accountability, and efficiency in the governing structure and organization of general academic teaching institutions and university systems;

(2) best practices relating to the manner in which governing boards and administrators of general academic teaching institutions and university systems develop and implement major policy decisions, including the need for impartiality and adequate internal review in their processes;

(3) matters relating to excellence, transparency, accountability, and efficiency in the governance and administration of general academic teaching institutions and university systems; and

(4) ethics, conflicts of interests, and the proper role of a board member in the governing structure of general academic teaching institutions and university systems.

Sec. 61.0842. COMPLAINTS REGARDING GOVERNING BOARD MEMBERS. (a) The board by rule shall establish a process by which the board accepts a claim of abuse of power or mismanagement by a member of a governing board of an institution of higher education.

(b) The process must include a method for anonymously submitting a claim described by Subsection (a).

(c) If after conducting an initial review the board finds evidence that supports a full investigation of a claim described by Subsection (a), the board shall refer the claim to an appropriate investigative body such as:

(1) the attorney general, the state auditor, or any other governmental entity with appropriate subject area authority to investigate the claim; or

(2) any nongovernmental entity under the terms of a contract entered into for the express purpose of conducting an investigation of a claim described by Subsection (a).

(d) The investigative body that conducts an investigation under Subsection (c) shall submit to the board a report of the findings of the investigation. After reviewing the report, the board shall take any corrective measure the board considers appropriate, such as:

(1) requiring a governing board member to complete one or more additional training courses;

(2) issuing a public censure of a governing board member; or

(3) any other corrective measure the board has the authority to implement.

(e) The board shall make all claims and reports received under this section available to the public on the board's Internet website.

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, 2013.