CHAPTER 103. MIDWESTERN STATE UNIVERSITY

EDUCATION CODE

TITLE 3. HIGHER EDUCATION

SUBTITLE F. OTHER COLLEGES AND UNIVERSITIES

CHAPTER 103. MIDWESTERN STATE UNIVERSITY

Sec. 103.01. MIDWESTERN STATE UNIVERSITY. Midwestern State

University is a coeducational institution of higher learning

located in the city of Wichita Falls.

Acts 1971, 62nd Leg., p. 3233, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1975, 64th Leg., p. 1841, ch. 571,

Sec. 3, eff. Sept. 1, 1975.

Sec. 103.02. BOARD OF REGENTS. The organization, control, and

management of the university is vested in a board of nine

regents.

Acts 1971, 62nd Leg., p. 3233, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 103.03. BOARD MEMBERS: APPOINTMENT, TERMS, OATH. Members

of the board shall be appointed by the governor and confirmed by

the senate. Members hold office for staggered terms of six years.

Any vacancy that occurs on the board shall be filled for the

unexpired term by appointment of the governor. Each member of the

board shall take the constitutional oath of office.

Acts 1971, 62nd Leg., p. 3233, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 103.031. GROUNDS FOR REMOVAL OF BOARD MEMBER. (a) It is a

ground for removal from the board that a member:

(1) commits malfeasance of office;

(2) cannot, because of illness or disability, discharge the

member's duties for a substantial part of the member's term; or

(3) is absent from more than half of the regularly scheduled

board meetings that the member is eligible to attend during a

calendar year, unless the absence is excused by majority vote of

the board.

(b) The validity of an action of the board is not affected by

the fact that it was taken when a ground for removal of a board

member existed.

Added by Acts 2001, 77th Leg., ch. 223, Sec. 1, eff. May 22,

2001.

Sec. 103.04. COMPENSATION AND REIMBURSEMENT OF BOARD MEMBERS. A

member of the board serves without compensation. A member of the

board is entitled to receive reimbursement, subject to any

applicable limitation on reimbursement provided by the General

Appropriations Act, for actual expenses incurred in attending the

meetings of the board or in performing other board business

authorized by the board.

Acts 1971, 62nd Leg., p. 3233, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 2001, 77th Leg., ch. 222, Sec. 1,

eff. May 22, 2001.

Sec. 103.05. BOARD OFFICERS; MEETINGS. (a) The board shall

organize by electing a chairperson and other officers the board

considers appropriate.

(b) The chairperson may convene a meeting of the board when the

chairperson considers it appropriate to consider any business

related to the university.

Acts 1971, 62nd Leg., p. 3233, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 2001, 77th Leg., ch. 159, Sec. 1,

eff. May 18, 2001.

Sec. 103.06. PRESIDENT OF UNIVERSITY: SELECTION; DUTIES. The

board shall select a president for the university and shall fix

his term of office, name his salary, and define his duties. The

president shall be the executive officer for the board and shall

work under its directions. He shall recommend a plan of

organization and the appointment of employees of the university.

He shall have the cooperation of the board and shall be

responsible to the board for the general management and success

of the university.

Acts 1971, 62nd Leg., p. 3233, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 103.07. GENERAL RESPONSIBILITIES. The board shall build

and operate a public liberal arts university of the first rank to

offer the university's students, consistent with the university's

mission, preparation for excellence in a variety of careers and

exploration of a variety of interests. The university shall be

equipped as necessary to do its work as well as comparable public

institutions of higher education in this state.

Acts 1971, 62nd Leg., p. 3233, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

11, Sec. 1, eff. May 12, 2009.

Sec. 103.08. DONATIONS, GIFTS, AND ENDOWMENTS. The board may

accept donations, gifts, and endowments for the university to be

held in trust and administered by the board for the purposes and

under the directions, limitations, and provisions declared in

writing in the donation, gift, or endowment, not inconsistent

with the objects and proper management of the university.

Acts 1971, 62nd Leg., p. 3234, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 103.09. CONTROL AND MANAGEMENT OF REAL PROPERTY. (a) The

board has the sole and exclusive control and management of

university lands and other real property.

(b) The board may acquire by purchase, donation, exchange,

condemnation, or otherwise real property that is necessary or

convenient to carry out the purposes of the university. The

board's purchase of property under this section is subject to

action of the Texas Higher Education Coordinating Board under

Section 61.0572(b)(5).

(c) Except as provided by Subsection (d), the board may sell,

exchange, lease, or otherwise dispose of any interest in real

property owned by the university. Money received in consideration

for the sale or lease of an interest in real property constitutes

institutional funds of the university. Property received in an

exchange of real property of the university may be used for any

purpose of the university the board considers appropriate.

(d) The board may not lease the surface rights of land under its

control and management for a term of more than 99 years.

Acts 1971, 62nd Leg., p. 3234, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1997, 75th Leg., ch. 22, Sec. 1,

eff. May 1, 1997.

Sec. 103.10. JOINT PROGRAMS. (a) Both civilian and military

student personnel shall be eligible to enroll in joint programs.

All joint program students shall register at the university and

shall receive appropriate credit from the university.

(b) Students enrolled at the university in joint programs shall

pay the regular tuition fees as provided by law. The university

shall collect an initial administrative fee in the amount of $25

from military student personnel who receive all their instruction

at the air force base solely by air force personnel in lieu of

such regular tuition fees. No state appropriations shall be made

for instructional costs for semester credit hours taught at the

air force base by air force personnel. Civilian students shall be

subject to the general tuition provisions set forth in this code

for all credit hours taught.

(c)(1) No training may be given to students in any of the

following areas:

(A) the prescribing of ophthalmic lenses for the human eye or

the prescribing of contact lenses for the human eye, or the

fitting or adaptation of contact lenses to the human eye;

(B) the prescribing, whether written or oral, of the use of any

optical device in connection with ocular exercises, visual

training, vision training, or orthoptics; or

(C) optometric technology or ophthalmological technology other

than those courses of training being offered to military trainees

at Sheppard Air Force Base on May 17, 1973; provided, however,

training in the use of screening devices or orthoptic training

devices may be given to the students.

(2) It is the intent of the above restrictions that training may

not be given to students on subjects of visual care involving the

exercise of professional judgment required of licensed physicians

or optometrists.

(d) Military students who receive all of their instruction on

the military base shall be exempt from all student service fees

and building use fees.

Added by Acts 1973, 63rd Leg., p. 522, ch. 225, Sec. 1, eff. Aug.

27, 1973.

Sec. 103.11. ACQUISITION OF MUSEUM. (a) The board may acquire

by gift or donation a museum and any related property.

(b) The Texas Higher Education Coordinating Board shall include

in the funding formula applicable to the university funding for

the operation and maintenance of a museum acquired under

Subsection (a).

Added by Acts 2001, 77th Leg., ch. 118, Sec. 6.02, eff. Sept. 1,

2001.