Bill Text: TX SB1741 | 2013-2014 | 83rd Legislature | Engrossed

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Bill Title: Relating to training for and complaints regarding members of the governing board of a public institution of higher education.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2013-05-15 - Left pending in committee [SB1741 Detail]

Download: Texas-2013-SB1741-Engrossed.html

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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.