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A BILL TO BE ENTITLED
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AN ACT
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relating to training for members of the governing board of a public |
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institution of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.084, Education Code, is amended by |
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amending Subsections (a) and (d) and adding Subsections (a-1), |
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(a-2), and (h) to read as follows: |
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(a) The board by rule shall establish a training program for |
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members of the governing boards of institutions of higher |
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education. Each member of a governing board of an institution of |
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higher education shall attend, during the member's first year [two
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years] of service as a member of a governing board of an institution |
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of higher education, at least one training program under this |
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section. A member of a governing board who is required to attend a |
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training program under this section may attend additional training |
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programs under this section. |
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(a-1) The board's rules must require a governing board |
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member who holds an appointive position to attend, as part of the |
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training program, the intensive short orientation course developed |
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under Section 61.0841 and any available training course sponsored |
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or coordinated by the office of the governor with a curriculum |
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designed for training newly appointed state officers, board |
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members, or high-level executive officials. The rules must require |
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the member to attend those courses the first time they are offered |
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following the date the member takes the oath of office, regardless |
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of whether that attendance is required under other law. The rules |
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may provide a governing board member with additional time to attend |
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those courses if the member for good cause is unable to attend the |
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courses the first time they are offered. Subsection (g) does not |
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apply to the courses required by this subsection. |
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(a-2) A member of the governing board of an institution of |
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higher education who holds an appointive position and whose first |
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year of service on the governing board begins on or after September |
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1, 2015, is prohibited from voting on a budgetary or personnel |
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matter related to system administration or institutions of higher |
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education until the member completes the intensive short |
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orientation course described by Subsection (a-1). |
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(d) The content of the instruction at the training program |
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shall focus on the official role and duties of the members of |
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governing boards and shall provide training in the areas of |
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budgeting, policy development, ethics, and governance. Topics |
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covered by the training program must [may] include: |
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(1) auditing procedures and recent audits of |
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institutions of higher education; |
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(2) the enabling legislation that creates |
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institutions of higher education; |
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(3) the role of the governing board at institutions of |
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higher education and the relationship between the governing board |
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and an institution's administration, faculty and staff, and |
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students, including limitations on the authority of the governing |
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board; |
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(4) the mission statements of institutions of higher |
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education; |
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(5) disciplinary and investigative authority of the |
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governing board; |
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(6) the requirements of the open meetings law, Chapter |
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551, Government Code, and the open records law, Chapter 552, |
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Government Code; |
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(7) the requirements of conflict of interest laws and |
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other laws relating to public officials; |
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(8) any applicable ethics policies adopted by |
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institutions of higher education or the Texas Ethics Commission; |
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(9) the requirements of laws relating to the |
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protection of student information under the Family Educational |
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Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g) or any |
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other federal or state law relating to the privacy of student |
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information; and |
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(10) [(9)] any other topic relating to higher |
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education the board considers important. |
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(h) The board is responsible for documenting governing |
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board members' completion of the requirements provided by this |
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section. |
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SECTION 2. Subchapter C, Chapter 61, Education Code, is |
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amended by adding Section 61.0841 to read as follows: |
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Sec. 61.0841. INTENSIVE SHORT COURSE FOR APPOINTED MEMBERS |
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OF GOVERNING BOARDS. (a) The board shall develop an intensive |
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short orientation course for members of the governing boards of |
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institutions of higher education who hold appointive positions. |
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The orientation course must be offered as an online interactive |
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course and may also be offered in the form of a written document or |
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in a one-on-one or group setting. |
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(b) The instruction in the orientation course must include: |
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(1) best practices relating to excellence, |
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transparency, accountability, and efficiency in the governing |
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structure and organization of general academic teaching |
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institutions and university systems; |
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(2) best practices relating to the manner in which |
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governing boards and administrators of general academic teaching |
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institutions and university systems develop and implement major |
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policy decisions, including the need for impartiality and adequate |
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internal review in their processes; |
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(3) matters relating to excellence, transparency, |
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accountability, and efficiency in the governance and |
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administration of general academic teaching institutions and |
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university systems; and |
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(4) ethics, conflicts of interests, and the proper |
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role of a board member in the governing structure of general |
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academic teaching institutions and university systems. |
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SECTION 3. This Act takes effect September 1, 2015. |
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