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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of the chief executive officer of a |
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public institution of higher education or university system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.352, Education Code, is amended by |
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amending Subsection (d) and adding Subsection (g) to read as |
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follows: |
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(d) In addition to powers and duties specifically granted by |
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this code or other law, each governing board shall: |
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(1) establish, for each institution under its control |
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and management, goals consistent with the role and mission of the |
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institution; |
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(2) appoint the chancellor or other chief executive |
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officer of the system in accordance with Subsection (g), if the |
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board governs a university system; |
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(3) appoint the president or other chief executive |
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officer of each institution under the board's control and |
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management in accordance with Subsection (g) and evaluate the chief |
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executive officer of each component institution and assist the |
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officer in the achievement of performance goals; |
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(4) set campus admission standards consistent with the |
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role and mission of the institution and considering the admission |
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standards of similar institutions nationwide having a similar role |
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and mission, as determined by the coordinating board; and |
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(5) ensure that its formal position on matters of |
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importance to the institutions under its governance is made clear |
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to the coordinating board when such matters are under consideration |
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by the coordinating board. |
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(g) In appointing a chief executive officer under |
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Subsection (d)(2) or (3), a governing board: |
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(1) shall select at least two finalists for the |
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position; and |
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(2) may not take final action or vote on the employment |
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of a person as chief executive officer before the 21st day after the |
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date on which the governing board gives public notice of the |
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finalists as required under Section 552.123, Government Code. |
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SECTION 2. Section 51.913, Education Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) The board of regents shall announce the name, |
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background, and qualifications of any individual the board [it] |
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selects and employs by use of an executive search [such a] |
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committee. [Additionally, public notice of the name or names of the
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finalist or finalists being considered by the search committee must
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be made public record at least 21 days prior to the meeting at which
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final action or vote is to be taken on the employment of the
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individual.] |
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(c) In selecting a chief executive officer using an |
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executive search committee, the board of regents must comply with |
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Section 51.352(g). |
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SECTION 3. Section 552.123, Government Code, is amended to |
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read as follows: |
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Sec. 552.123. EXCEPTION: CONFIDENTIALITY OF NAME OF |
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APPLICANT FOR CHIEF EXECUTIVE OFFICER OF INSTITUTION OF HIGHER |
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EDUCATION. The name of an applicant for the position of chief |
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executive officer of an institution of higher education, and other |
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information that would tend to identify the applicant, is excepted |
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from the requirements of Section 552.021, except that the governing |
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body of the institution must give public notice of the name [or
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names] of each finalist [the finalists] being considered for the |
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position at least 21 days before the date of the meeting at which |
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final action or vote is to be taken on the employment of the person. |
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SECTION 4. The changes in law made by this Act to Sections |
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51.352 and 51.913, Education Code, and Section 552.123, Government |
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Code, apply only to the appointment of a chief executive officer of |
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a public institution of higher education or university system made |
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on or after the effective date of this Act. An appointment of a |
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chief executive officer of a public institution of higher education |
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or university system made before the effective date of this Act is |
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governed by the law in effect on the date the appointment was made, |
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and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |