BILL ANALYSIS

 

 

 

C.S.H.B. 1256

By: Sheffield

Higher Education

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties note that the current selection process for student members of the boards of regents of public state university systems and state universities in Texas lacks transparency. C.S.H.B. 1256 seeks to enhance transparency in the selection process.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 1256 amends the Education Code to prohibit the governor from appointing a student member of the board of regents of a state university or state university system who did not submit an application to the student government of the university or of a general academic teaching institution or medical and dental unit in the system, respectively.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2015.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 1256 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Sections 51.355(c), (d), and (d-1), Education Code, are amended to read as follows:

(c)  Except as provided by Subsection (f), not later than November 1 of each year, the student government of each general academic teaching institution and medical and dental unit in a university system shall solicit applicants for appointment to the next regular term of the position of student regent.  Not later than January 1, from among the applications received by the student government, the student government shall select five applicants as the student government's recommendations for the position of student 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 student 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 student regent received by the student governments 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 student 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, but may not appoint a student regent who did not submit an application to the student government of a general academic teaching institution or medical and dental unit in the system as described by this subsection.

(d)  To be eligible for appointment as student regent, a person must be enrolled as an undergraduate or graduate student in a general academic teaching institution or medical and dental unit in the university system, have been enrolled in the institution in the two semesters preceding the term for which the person is appointed, and be in good academic and disciplinary standing, as determined by the institution, at the time of appointment and during the two semesters preceding the term for which the person is appointed.  The person must remain enrolled at the institution throughout the person's term as a student regent.  For purposes of this subsection, a person is considered to be enrolled in an institution or unit for a summer term if the person was enrolled in the institution or unit for the preceding semester and:

(1)  is registered or preregistered at the institution or unit for the following fall semester;

(2)  if the person has not completed the person's degree program, is eligible to continue the degree program at the institution or unit in the following fall semester; or

(3)  if the person completed a degree program in the preceding semester, is admitted to another degree program at the institution or unit for the following fall semester.

(d-1)  Throughout a student regent's term, the student regent must maintain a grade point average of at least 3.0 [2.5] on a four-point scale on all coursework previously attempted at the institution and on all coursework previously attempted at any public or private institutions of higher education and remain in good academic and disciplinary standing with the institution, as determined by the institution.  The president of the institution in which the student regent is enrolled shall notify the governor if the student regent fails to maintain the qualifications required by this section.

SECTION 1.  Section 51.355(c), Education Code, is amended to read as follows:

 

(c)  Except as provided by Subsection (f), not later than November 1 of each year, the student government of each general academic teaching institution and medical and dental unit in a university system shall solicit applicants for appointment to the next regular term of the position of student regent.  Not later than January 1, from among the applications received by the student government, the student government shall select five applicants as the student government's recommendations for the position of student 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 student 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 student regent received by the student governments 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 student 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, but may not appoint a student regent who did not submit an application to the student government of a general academic teaching institution or medical and dental unit in the system as described by this subsection.

 

SECTION 2.  Sections 51.356(d), (e), and (e-1), Education Code, are amended to read as follows:

(d)  Not later than November 1 of each year, the student government of the general academic teaching institution shall solicit applicants for appointment to the next regular term of the position of student regent.  Not later than January 1, from among the applications received by the student government, the student government shall select five applicants as the student government's recommendations for the position of student 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 student 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 student regent received by the student government 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 student 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, but may not appoint a student regent who did not submit an application to the student government of the institution as described by this subsection.

(e)  To be eligible for appointment as student regent, a person must be enrolled  as an undergraduate or graduate student in the general academic teaching institution, have been enrolled in the institution in the two semesters preceding the term for which the person is appointed, and be in good academic and disciplinary standing, as determined by the institution, at the time of appointment and during the two semesters preceding the term for which the person is appointed.  The person must remain enrolled at the institution throughout the person's term as a student regent.  For purposes of this subsection, a person is considered to be enrolled in an institution for a summer term if the person was enrolled in the institution for the preceding semester and:

(1)  is registered or preregistered at the institution for the following fall semester;

(2)  if the person has not completed the person's degree program, is eligible to continue the degree program at the institution in the following fall semester; or

(3)  if the person completed a degree program in the preceding semester, is admitted to another degree program at the institution for the following fall semester.

(e-1)  Throughout a student regent's term, the student regent must maintain a grade point average of at least 3.0 [2.5] on a four-point scale on all coursework previously attempted at the institution and on all coursework previously attempted at any public or private institutions of higher education and remain in good academic and disciplinary standing with the institution, as determined by the institution.  The president of the institution in which the student regent is enrolled shall notify the governor if the student regent fails to maintain the qualifications required by this section.

SECTION 2.  Section 51.356(d), Education Code, is amended to read as follows:

 

(d)  Not later than November 1 of each year, the student government of the general academic teaching institution shall solicit applicants for appointment to the next regular term of the position of student regent.  Not later than January 1, from among the applications received by the student government, the student government shall select five applicants as the student government's recommendations for the position of student 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 student 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 student regent received by the student government 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 student 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, but may not appoint a student regent who did not submit an application to the student government of the institution as described by this subsection.

 

SECTION 3.  Sections 51.355(c) and 51.356(d), Education Code, as amended by this Act, are intended only to clarify existing law with respect to the appointment of student members of the board of regents of a state university or state university system.

SECTION 3. Same as introduced version.

 

 

SECTION 4.  The changes in law made by this Act to Sections 51.355(d) and (d-1) and 51.356(e) and (e-1), Education Code, apply only to a student regent appointed to the board of regents of a state university system or a state university on or after the effective date of this Act.

No equivalent provision.

 

SECTION 5.  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, 2015.

SECTION 4. Same as introduced version.