CHAPTER 106. TEXAS SOUTHERN UNIVERSITY

EDUCATION CODE

TITLE 3. HIGHER EDUCATION

SUBTITLE F. OTHER COLLEGES AND UNIVERSITIES

CHAPTER 106. TEXAS SOUTHERN UNIVERSITY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 106.01. TEXAS SOUTHERN UNIVERSITY. Texas Southern

University is a coeducational institution of higher education

located in the city of Houston.

Acts 1971, 62nd Leg., p. 3249, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 106.02. PURPOSE OF THE UNIVERSITY. In addition to its

designation as a statewide general purpose institution of higher

education, Texas Southern University is designated as a special

purpose institution of higher education for urban programming and

shall provide instruction, research, programs, and services as

are appropriate to this designation.

Added by Acts 1973, 63rd Leg., p. 1594, ch. 575, Sec. 1, eff.

June 15, 1973. Amended by Acts 2001, 77th Leg., ch. 520, Sec. 1,

eff. June 11, 2001.

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS

Sec. 106.11. BOARD OF REGENTS. The government of the university

is vested in a board of nine regents appointed by the governor

with the advice and consent of the Senate.

Acts 1971, 62nd Leg., p. 3249, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1973, 63rd Leg., p. 1247, ch. 450,

Sec. 2, eff. June 14, 1973.

Sec. 106.12. TERMS OF OFFICE. Members of the board hold office

for staggered terms of six years, with the terms of three

directors expiring on February 1 of odd-numbered years.

Acts 1971, 62nd Leg., p. 3249, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 106.13. QUALIFICATIONS; OATH. Each member of the board

shall be a qualified voter of the state. The members shall be

selected from different portions of the state. Each member shall

take the constitutional oath of office.

Acts 1971, 62nd Leg., p. 3249, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 106.14. OFFICERS. The board shall elect a chairman and a

vice chairman from its members to serve at the will of the board.

The board shall appoint a secretary. The comptroller shall be the

treasurer of the university.

Acts 1971, 62nd Leg., p. 3249, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1997, 75th Leg., ch. 1423, Sec.

5.24, eff. Sept. 1, 1997.

Sec. 106.15. EXPENSES. The reasonable expenses incurred by

members of the board in the discharge of their duties shall be

paid from any available funds of the university.

Acts 1971, 62nd Leg., p. 3249, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 106.16. SEAL. The board may make, use, and alter a common

seal.

Acts 1971, 62nd Leg., p. 3249, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 106.31. ADMINISTRATIVE POWERS. The board shall establish

the several departments in the university, determine the offices,

professorships, and other positions at the institution, appoint a

president, appoint the professors and other officers and

employees and prescribe their duties, and fix their respective

salaries. The board shall enact bylaws, rules, and regulations

deemed necessary for the successful management and government of

the institution. The board may remove any professor, instructor,

tutor, or other officer or employee connected with the

institution when, in its judgment, the best interests and proper

operation of the institution requires it.

Acts 1971, 62nd Leg., p. 3250, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 106.32. EXPENDITURES. All expenditures shall be made by

order of the board and shall be paid on warrants issued by the

comptroller based on vouchers approved by the chairman of the

board or some other officer of the university designated by him

in writing to the comptroller, and countersigned by the secretary

of the board or some other officer of the university designated

by the secretary in writing to the comptroller.

Acts 1971, 62nd Leg., p. 3250, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 106.33. CONTRACTS WITH OTHER INSTITUTIONS. The board may

make proper arrangements by contract with other educational

institutions, hospitals, and clinics in Houston for the use of

any facilities and services it considers necessary and expedient

for the proper training and education of students in professional

courses.

Acts 1971, 62nd Leg., p. 3250, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 106.34. GIFTS, GRANTS. The board may accept from other

than state sources gifts and grants of money and property for the

benefit of the university.

Acts 1971, 62nd Leg., p. 3250, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 106.35. ACQUISITION AND DISPOSITION OF LAND. (a) The

board on behalf of the university may acquire by purchase,

exchange, or otherwise any tract or parcel of land or other real

property necessary or convenient for carrying out the purposes of

state-supported institutions of higher education, and may sell,

exchange, or lease any land owned by the university.

(b) The proceeds from any lease of land or other real property

shall be added to the general funds of the university. The

proceeds from any sale of land or other real property shall be

added to the capital funds of the board.

(c) The board has the power of eminent domain for land

acquisitions permitted by Subsection (a) of this section.

Acts 1971, 62nd Leg., p. 3250, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1977, 65th Leg., p. 2204, ch. 869,

Sec. 1, eff. Aug. 29, 1977; Acts 1979, 66th Leg., p. 1059, ch.

489, Sec. 1, eff. Aug. 27, 1979; Acts 1985, 69th Leg., ch. 237,

Sec. 1, eff. Aug. 26, 1985.

Sec. 106.36. MILITARY TRAINING. No student shall ever be

required to take any military training as a condition for

entrance into or graduation from the university.

Acts 1971, 62nd Leg., p. 3250, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 106.38. SUITS. Venue for a suit against the university is

in Harris County or Travis County. Process may be served on the

university only by service of citation on the president or one of

the university's vice-presidents.

Added by Acts 1987, 70th Leg., ch. 784, Sec. 1, eff. June 19,

1987.

SUBCHAPTER D. CONTROL OF UNIVERSITY FUNDS

Sec. 106.51. CONTROL OF MONEY COLLECTED. The board may retain

control of:

(1) money derived from student fees of all kinds;

(2) charges for use of rooms and dormitories;

(3) receipts from meals, cafes, and cafeterias;

(4) fees on deposit refundable to students under certain

conditions;

(5) receipts from school athletic activities;

(6) income from student publications and other student

activities;

(7) receipts from the sale of publication products and

miscellaneous supplies and equipment;

(8) students' voluntary deposits of money for safekeeping;

(9) funds, revenue, and accounts received from the University of

Houston and other institutions;

(10) gifts and grants to the university; and

(11) all other fees and local institutional income of a strictly

local nature arising out of, or incident to, the university's

educational activities.

Acts 1971, 62nd Leg., p. 3251, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 106.52. DEPOSITORIES. The board may select depository

banks as places of deposit of all funds of the kind and character

named in Section 106.51 of this code, which are collected by the

university, and the board shall require adequate surety bonds or

securities to be posted to secure the deposits and may require

additional security at any time the board deems any deposit

inadequately secured. All funds of the character named in Section

106.51 of this code, which are so collected, shall be deposited

in the depository bank or banks within five days from the date of

collection. Depository banks so selected are authorized to pledge

their securities to protect the funds. Any surety bond furnished

under the provisions of this section shall be payable to the

governor and his successors in office; and venue of suit to

recover any amount claimed by the state to be due on any of these

bonds is fixed in Travis County.

Acts 1971, 62nd Leg., p. 3251, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 106.53. ACCOUNTS; TRUST FUNDS. Separate accounts shall be

kept on the books of the university, showing the sources of all

sums collected and the purposes for which expended. All trust

funds handled by the board shall be deposited in separate

accounts and shall not be commingled with the general income from

student fees or other local institutional income, and all trust

funds shall be secured by separate bonds or securities.

Acts 1971, 62nd Leg., p. 3251, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 106.54. BIENNIAL REPORT. True and full accounts shall be

kept by the board and by the employees of the university of all

funds collected from all sources by the university, all the sums

paid out by it, and the persons to whom and the purposes for

which the sums are paid. The board shall print biennially a

complete report of all sums collected, all expenditures, and the

sums remaining on hand. The report shall be printed in

even-numbered years between September 1 and January 1. It shall

show the true condition of all funds as of the preceding August

1, and shall show all collections and expenditures for the

preceding two years. The board shall furnish copies of the

report to the governor, comptroller, state auditor, and attorney

general. The board shall furnish a copy to each member of the

House Appropriations Committee, the Senate Finance Committee, and

the House and Senate committees on education of each regular

session of the legislature within one week after the committees

are appointed.

Acts 1971, 62nd Leg., p. 3251, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1997, 75th Leg., ch. 1423, Sec.

5.25, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

937, Sec. 1.85, eff. September 1, 2007.

Sec. 106.55. LEGISLATIVE INTENT. The authority granted the

board under this subchapter is intended to be the same as the

authority granted to the governing boards of The University of

Texas System, Texas A & M University System, and similar

institutions with regard to the control and use of local funds.

Acts 1971, 62nd Leg., p. 3252, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.