Bill Text: TX SB177 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the governance of public institutions of higher education in this state.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-03-24 - Co-author authorized [SB177 Detail]
Download: Texas-2015-SB177-Comm_Sub.html
By: Seliger | S.B. No. 177 | |
(In the Senate - Filed November 12, 2014; January 27, 2015, | ||
read first time and referred to Committee on Higher Education; | ||
March 23, 2015, reported favorably, as amended, by the following | ||
vote: Yeas 6, Nays 0; March 23, 2015, sent to printer.) | ||
COMMITTEE AMENDMENT NO. 1 | By: Perry | |
Amend S.B. No. 177 (introduced version), in added Section | ||
51.352(a-1), Education Code (page 2, line 22), by striking "by a | ||
minority of its members or". | ||
COMMITTEE AMENDMENT NO. 2 | By: Perry | |
Amend S.B. No. 177 (introduced version) as follows: | ||
(1) In the heading to added Section 51.3545, Education Code | ||
(page 3, lines 60-61), strike "; RELATIONSHIP OF BOARD TO | ||
INSTITUTIONS". | ||
(2) In added Section 51.3545(a), Education Code (page 3, | ||
line 61), strike "(a)". | ||
(3) In added Section 51.3545, Education Code (page 3, lines | ||
66-68), strike added Subsection (b). | ||
COMMITTEE AMENDMENT NO. 3 | By: Perry | |
Amend S.B. No. 177 (introduced version), in proposed | ||
Subdivision (4) of amended Section 51.352(d), Education Code (page | ||
3, lines 3-5), by striking "[ |
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substituting "[ |
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institution is a component institution of a university system, | ||
evaluate, in consultation with the system administration, the | ||
president or other chief executive officer of the [ |
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institution and assist the officer in the achievement of | ||
performance goals". | ||
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relating to the governance of public institutions of higher | ||
education in this state. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 51.352, Education Code, is amended by | ||
amending Subsections (a), (b), (d), and (e) and adding Subsections | ||
(a-1), (a-2), (a-3), (a-4), and (a-5) to read as follows: | ||
(a) It is the policy of this state that the governing boards | ||
of institutions of higher education, being composed of lay members, | ||
shall exercise the traditional and time-honored role for such | ||
boards as their role has evolved in the United States and shall | ||
constitute the keystone of the governance structure. In this | ||
regard each governing board shall: | ||
(1) [ |
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independence and [ |
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manage its own affairs through its chosen administrators and | ||
employees; | ||
(2) [ |
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institution under its governance; | ||
(3) [ |
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interpret the campus to the community; | ||
(4) [ |
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governance to the end that each institution achieves its full | ||
potential within its role and mission; [ |
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(5) [ |
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each institution under its governance; | ||
(6) develop a balanced governing structure designed to | ||
promote institutional integrity, autonomy, and flexibility of | ||
operations while maintaining maximum operating efficiency and | ||
academic excellence; and | ||
(7) govern institutions with the spirit of integrity | ||
in all matters, including operating collaboratively with all | ||
parties in an open and honest manner. | ||
(a-1) The governing board of an institution of higher | ||
education shall protect each institution under its governance from | ||
undue external influence and ensure that the powers and duties of | ||
the board are not controlled by a minority of its members or by | ||
organizations or interests that are separate from the board in any | ||
manner, including through delegation, tradition, or inaction. | ||
(a-2) The members of the governing board of an institution | ||
of higher education must remain free from any contractual, | ||
employment, or personal or familial financial interest in the | ||
institution or institutions under its governance. This subsection | ||
does not affect the application of other laws regarding conflicts | ||
of interest to the members. | ||
(a-3) Each report, recommendation, or vote of the governing | ||
board of an institution of higher education or of a committee, | ||
subcommittee, task force, or similar entity reporting to the | ||
governing board must be made available to the public on the board's | ||
Internet website not later than the end of the next business day | ||
after the date of the report, recommendation, or vote. | ||
(a-4) A member of the governing board of an institution of | ||
higher education who has not yet attended a training program that | ||
includes instruction in ethics, conflict-of-interest law, and the | ||
role of governing boards in a higher education system is prohibited | ||
from voting on a budgetary or personnel matter related to system | ||
administration or institutions of higher education. The governing | ||
board is responsible for maintaining records of training attended | ||
as described by this subsection. For purposes of this subsection, a | ||
university system may establish for members of the governing board | ||
of the system a training program that includes all the elements of | ||
instruction described by this subsection. | ||
(a-5) The governing board of a university system may | ||
terminate the employment of an institution's president or other | ||
chief executive officer only after receiving a recommendation to | ||
that effect under Section 51.353(b)(7), but the board is not | ||
required to act on that recommendation. | ||
(b) The governing board of an institution of higher | ||
education shall provide long-term [ |
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institution of higher education under its governance [ |
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(d) Notwithstanding [ |
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specifically granted by this code or other law, each governing | ||
board shall: | ||
(1) after coordinating with the institution's | ||
president or other chief executive officer of the institution and | ||
consulting with the institution's faculty, establish and publish, | ||
for each institution under its governance, long-term [ |
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institution; | ||
(2) review and, as necessary, revise those goals at | ||
least once during each six-year period; | ||
(3) appoint the chancellor or other chief executive | ||
officer of the system, if the board governs a university system; | ||
(4) [ |
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executive officer of each institution under the board's governance | ||
[ |
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(5) to the extent practicable and to ensure maximum | ||
operating efficiency, direct that communications between the board | ||
of a university system or members of the board and the employees of | ||
an institution under its governance be conducted through the | ||
system; | ||
(6) direct that, to the extent practicable, the board | ||
of a university system or members of the board use only official | ||
electronic communication accounts when conducting official | ||
business of the system through electronic communications; | ||
(7) after consulting with the institution's faculty | ||
and administration, [ |
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consistent with the role and mission of the institution and | ||
considering the admission standards of similar institutions | ||
nationwide having a similar role and mission, as determined by the | ||
coordinating board; | ||
(8) to the extent practicable, develop and implement | ||
policies and procedures that allow the faculty, staff, and students | ||
at any institution under the board's governance to be engaged in and | ||
informed of meetings of the board or of a committee, subcommittee, | ||
task force, or other similar entity reporting to the board; and | ||
(9) [ |
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of importance to the institutions under its governance is made | ||
clear to the coordinating board when those [ |
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consideration by the coordinating board. | ||
(e) Each member of a governing board has the legal | ||
responsibilities of a fiduciary in the management of funds under | ||
the control of institutions subject to the board's governance | ||
[ |
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SECTION 2. Section 51.353(b), Education Code, is amended to | ||
read as follows: | ||
(b) In addition to other powers and duties provided by this | ||
code or other law, each system administration shall: | ||
(1) initiate, monitor, approve, and coordinate | ||
long-range planning for the system consistent with the goals | ||
established under Section 51.352(d)(1); | ||
(2) approve short-range institutional plans for | ||
operations and expenditures; | ||
(3) provide to component institutions technical | ||
assistance such as legal and financial services; | ||
(4) evaluate each component institution and assist the | ||
institution in the achievement of performance goals; [ |
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(5) perform such other duties as may be delegated to | ||
the system administration [ |
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system; | ||
(6) in consultation with the governing board of the | ||
system, evaluate the president or other chief executive officer of | ||
each component institution and assist the officer in the | ||
development and achievement of performance goals; and | ||
(7) if necessary based on the president's or officer's | ||
performance, recommend to the governing board the termination of | ||
employment of an institution's president or other chief executive | ||
officer. | ||
SECTION 3. Subchapter G, Chapter 51, Education Code, is | ||
amended by adding Section 51.3545 to read as follows: | ||
Sec. 51.3545. EFFECT OF SUBCHAPTER; RELATIONSHIP OF BOARD | ||
TO INSTITUTIONS. (a) Sections 51.352, 51.353, and 51.354 control | ||
over any specific provision regarding the powers and duties of a | ||
governing board of an institution of higher education provided by | ||
Subtitle C, D, E, F, or G, and any similar provision to the contrary | ||
in any of those subtitles has no effect. | ||
(b) The governing board of an institution of higher | ||
education may not unreasonably or unduly interfere with the | ||
day-to-day operations of the institutions under its governance. | ||
SECTION 4. 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 5. 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 6. Sections 61.084(a) and (d), Education Code, are | ||
amended 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 [ |
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of higher education, a [ |
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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. | ||
(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 [ |
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(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; | ||
(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) [ |
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education the board considers important. | ||
SECTION 7. 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 8. 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. | ||
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