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Published by The Texas Exes
Committee substitute to Senate Bill 15.
Committee substitute to Senate Bill 15.

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Published by: The Texas Exes on Apr 03, 2013
Copyright:Attribution Non-commercial


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1 13.92.173 KELBy: ___________________ ___.B. No. _____ Substitute the following for ___.B. No. ____:By: ___________________ C.S.___.B. No. _____ A BILL TO BE ENTITLEDAN ACT1relating to the governance of public institutions of higher2education in this state.3BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:4SECTION 1. Section 51.352, Education Code, is amended by5amending Subsections (a), (b), (d), and (e) and adding6Subsections (a-1), (a-2), (a-3), (a-4), and (a-5) to read as7follows:8(a) It is the policy of this state that the governing9boards of institutions of higher education, being composed o10lay members, shall exercise the traditional and time-honored11role for such boards as their role has evolved in the United12States and shall constitute the keystone of the governance13structure. In this regard each governing board:14(1) shall [is expected to] preserve institutional15independence and [to] defend each institution's [its] right to16manage its own affairs through its chosen administrators and17employees;18(2) shall enhance the public image of each19institution under its governance;20(3) shall interpret the community to the campus and21interpret the campus to the community;22(4) shall nurture each institution under its23governance to the end that each institution achieves its full24
2 13.92.173 KELpotential within its role and mission; [and]1(5) shall insist on clarity of focus and mission o2each institution under its governance;3(6) shall develop a balanced governing structure4designed to promote institutional integrity, autonomy, and5flexibility of operations while maintaining maximumoperating6efficiency and academic excellence; and7(7) shall govern institutions with the spirit o8integrity in all matters, including operating in a relationship9with all parties in an open and honest manner.10(a-1) The governing board of an institution of higher11education shall ensure that the powers and duties of the board12are not controlled by a minority of its members or by13organizations or interests that are separate fromthe board in14any manner, including through delegation, tradition, or15inaction, and must protect each institution under its governance16fromundue external influence.17(a-2) The members of the governing board of an institution18of higher education must remain free fromany contractual,19employment, or personal or familial financial interest in the20institution or institutions under its governance. This21subsection does not affect the application of other laws22regarding conflicts of interest to the members.23(a-3) Each report, recommendation, or vote of the24governing board of an institution of higher education or of a25committee, subcommittee, task force, or similar entity reporting26to the governing board must be made available to the public on27
3 13.92.173 KELthe board's Internet website not later than the end of the next1business day after the date of the report, recommendation, or2vote.3(a-4) A member of the governing board of an institution o4higher education who has not yet attended a training program5that includes instruction in ethics, conflict-of-interest law,6and the role of governing boards in a higher education systemis7prohibited fromvoting on a budgetary or personnel matter8related to systemadministration or institutions of higher9education. The governing board is responsible for maintaining10records of training attended as described by this subsection.11(a-5) The governing board of a university systemmay12terminate the employment of an institution's president only13after receiving a recommendation to that effect under Section1451.353(b)(7), but the board is not required to act on that15recommendation.16(b) The governing board of an institution of higher17education shall provide long-term[the] policy direction for18each institution of higher education under its governance19[management and control].20(d) Notwithstanding [In addition to] powers and duties21specifically granted by this code or other law, each governing22board shall:23(1) after coordinating with the institution's24president and consulting with the institution's faculty,25establish and publish, for each institution under its26governance, long-term[control and management,] goals consistent27

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