CHAPTER 107. TEXAS WOMAN'S UNIVERSITY

EDUCATION CODE

TITLE 3. HIGHER EDUCATION

SUBTITLE F. OTHER COLLEGES AND UNIVERSITIES

CHAPTER 107. TEXAS WOMAN'S UNIVERSITY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 107.01. LOCATION AND PURPOSE OF UNIVERSITY. Texas Woman's

University is an institution of higher education for women with

its main campus at Denton.

Acts 1971, 62nd Leg., p. 3253, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS

Sec. 107.21. BOARD OF REGENTS. The board of regents of the

university is composed of nine persons, four of whom shall be

women, appointed by the governor with the advice and consent of

the senate. Each member of the board shall be a qualified voter;

and the members shall be selected from different portions of the

state. The members hold office for staggered terms of six years,

with the terms of three expiring February 1 of odd-numbered

years.

Acts 1971, 62nd Leg., p. 3253, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1983, 68th Leg., p. 2838, ch. 484,

art. III, Sec. 4, eff. June 19, 1983.

Sec. 107.211. 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. 225, Sec. 1, eff. May 22,

2001.

Sec. 107.22. OFFICERS. The board shall biennially elect a

presiding officer, an assistant presiding officer, and other

officers it deems necessary from among its members.

Acts 1971, 62nd Leg., p. 3253, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 2001, 77th Leg., ch. 158, Sec. 1,

eff. Aug. 27, 2001.

Sec. 107.23. BOARD MEETINGS; MINUTES. The presiding officer

shall convene the board to consider any business connected with

the university whenever the presiding officer deems it expedient.

A full record shall be kept of all the board's proceedings.

Acts 1971, 62nd Leg., p. 3253, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 2001, 77th Leg., ch. 158, Sec. 1,

eff. Aug. 27, 2001.

Sec. 107.24. COMPENSATION OF BOARD. Members of the board shall

receive the same compensation conferred by law on the board of

regents of The University of Texas System.

Acts 1971, 62nd Leg., p. 3253, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 107.41. EXTENT OF POWERS. The board has the power incident

to its position and to the same extent, as far as applicable, as

is conferred on the board of regents of The University of Texas

System.

Acts 1971, 62nd Leg., p. 3253, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 107.42. STAFF. The board shall appoint a president of the

university and other officers and employees it deems proper and

shall fix their salaries. The board shall make rules and

regulations for the government of the university's staff as it

deems advisable.

Acts 1971, 62nd Leg., p. 3253, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 107.43. DEPARTMENTS. The board shall divide the course of

instruction into departments and shall select careful and

efficient professors in each department, in order to secure the

best possible instruction in all areas of study.

Acts 1971, 62nd Leg., p. 3254, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 107.44. RULES AND REGULATIONS. The board shall adopt rules

and regulations it deems necessary to carry out the purposes of

the institution and to enforce the faithful discharge of the

duties of all officers, professors, and students.

Acts 1971, 62nd Leg., p. 3254, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 107.45. EMINENT DOMAIN; RESTRICTION. (a) The board of

regents has the power of eminent domain to acquire for the use of

the university in the manner prescribed by Chapter 21, Property

Code, any real property that may be necessary and proper for

carrying out its purposes.

(b) The taking of real property by the board under this section

is declared to be for the use of this state. The board is not

required to deposit a bond or the amount equal to the award of

damages by the commissioners as provided by Section 21.021,

Property Code.

(c) The board may not use the power of eminent domain to acquire

real property that is dedicated to a public use by another

governmental entity.

Added by Acts 1977, 65th Leg., p. 42, ch. 26, Sec. 2, eff. March

24, 1977.

Amended by:

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

276, Sec. 1, eff. June 15, 2007.

Sec. 107.46. GIFTS, GRANTS, AND DONATIONS. The board is

specifically authorized, upon terms and conditions acceptable to

it, to accept, retain, and administer gifts, grants, or donations

of any kind, including real estate or money, from any source, for

use by the university, and to carry out the directions,

limitations, and provisions declared in writing in the gifts,

grants or donations.

Added by Acts 1983, 68th Leg., p. 1251, ch. 271, Sec. 1, eff.

Sept. 1, 1983.

SUBCHAPTER D. DORMITORIES AND IMPROVEMENTS

Sec. 107.61. CONSTRUCTION OF DORMITORIES AND IMPROVEMENTS. The

board may erect and equip, or may contract with any person, firm,

or corporation for the erecting and equipping of dormitories and

other improvements, which shall be located either on the campus

or on land purchased or leased for the purpose by the board. The

board may purchase or lease additional real estate for the

purpose, or exchange or sell real estate for the purpose.

Acts 1971, 62nd Leg., p. 3254, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 107.62. OBLIGATIONS; PLEDGE OF REVENUE. In payment for the

erecting and equipping of dormitories and improvements, the board

may issue its obligations in the amount and on the terms deemed

advisable by the board. As security the board may pledge the

income from the dormitories and improvements erected or from

other dormitories owned by the university, as well as all other

revenue derived by the university from other sources, except

revenue derived by means of appropriations made for a specific

purpose by the legislature.

Acts 1971, 62nd Leg., p. 3254, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 107.63. SALE OF REAL ESTATE. The board may sell or

encumber any part of the campus or real estate owned by the

university for the purpose of obtaining funds with which to erect

and equip these improvements or for the purpose of securing the

payment of its obligations issued to any person, firm, or

corporation for the erecting or equipping of these improvements.

Acts 1971, 62nd Leg., p. 3254, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 107.64. REQUIRED DORMITORY RESIDENCE. The board may adopt

regulations it deems reasonable requiring any class or classes of

students to reside in university dormitories or other buildings.

Acts 1971, 62nd Leg., p. 3254, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 107.65. MANAGEMENT OF DORMITORIES. The board has absolute

and sole management and control of university dormitories and

other improvements.

Acts 1971, 62nd Leg., p. 3254, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 107.66. REQUISITION OF FURNISHINGS, EQUIPMENT, ETC. The

board may make requisition to the comptroller for furniture,

furnishings, equipment, and appointments required for the proper

use and enjoyment of improvements erected by the board, and the

comptroller may purchase and pay for the furnishings, equipment,

and appointments.

Acts 1971, 62nd Leg., p. 3255, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 2001, 77th Leg., ch. 1420, Sec.

4.013, eff. Sept. 1, 2001.

Amended by:

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

937, Sec. 1.86, eff. September 1, 2007.

Sec. 107.67. LIMITATION ON OBLIGATIONS. In the erecting, or in

contracts for the erecting, of dormitories and improvements, the

board may not in any manner incur any indebtedness against the

university except as provided in Sections 107.62 and 107.63 of

this code. The obligations incurred in the erecting of

dormitories and improvements may never be personal obligations of

the university but shall be discharged solely from the revenue or

property authorized to be pledged for that purpose.

Acts 1971, 62nd Leg., p. 3255, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 107.68. GENERAL POWERS. The board may do any and all

things necessary or convenient to carry out the purpose and

intent of this subchapter.

Acts 1971, 62nd Leg., p. 3255, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 107.69. STATE HISTORICAL COLLECTION. (a) The board may

establish an historical collection of items illustrating the

history of women in Texas. The historical collection is to be

housed in a building belonging to the university and is to be

known as "The History of Texas Women." When established, the

historical collection may be designated a state historical

collection and shall be for the use and enjoyment of all citizens

of Texas.

(b) The board may accept donations, gifts, and collections of

historical value for the use of the historical collection and

shall adopt rules for the receipt, care, custody, and control of

items in the collection.

Added by Acts 1979, 66th Leg., p. 1145, ch. 551, Sec. 1, eff.

June 11, 1979.

SUBCHAPTER E. CAMPUS SECURITY PERSONNEL

Sec. 107.81. CONCURRENT JURISDICTION WITH CITY POLICE. (a)

Campus security personnel commissioned under Section 51.203 of

this code have concurrent jurisdiction with police officers of

the City of Denton to enforce all criminal laws, including

traffic laws, of the state and all ordinances of the city

regulating traffic on any public street running through the

property of the university and on any public street immediately

adjacent to property owned or occupied and controlled by the

university.

(b) The form and content of traffic citations issued for

violations of law shall be similar to the type used by the State

Highway Patrol and shall be filed in the municipal court or any

justice of the peace court with jurisdiction of the offense.

Added by Acts 1981, 67th Leg., p. 892, ch. 317, Sec. 2, eff. Aug.

31, 1981.

Sec. 107.82. ASSISTANCE TO CITY POLICE. (a) The board of

regents and the city council of Denton may enter into written

agreements, authorized by resolution of each governing body, to

authorize the regular employed peace officers of the university

to assist the peace officers of the city in enforcing the laws of

the state and the ordinances of the city at any location in the

city.

(b) To be valid, an agreement under Subsection (a) of this

section must be approved by the attorney general.

(c) While acting pursuant to the agreement in Subsection (a)

above and when such act is outside the property of the university

or outside any public street running through, adjacent to, or

within property owned or occupied and controlled by the

university, the peace officers of the university are under the

jurisdiction and command of the chief of police of Denton.

(d) Neither the state nor the university is liable for actions

of a campus police officer acting under the jurisdiction and

command of the chief of police of Denton.

(e) The university shall have jurisdiction over its personnel

and students upon property owned by the university to the extent

that it may (1) assign and regulate parking spaces for its use

and charge and collect appropriate fees for parking and improper

parking; (2) prohibit parking where it deems necessary; (3) set

and collect fees for and remove vehicles parked in violation of

its rules and regulations or the laws of the State of Texas.

Added by Acts 1981, 67th Leg., p. 892, ch. 317, Sec. 2, eff. Aug.

31, 1981.

Sec. 107.83. CITY DELEGATION OF PARKING REGULATION AUTHORITY.

(a) By contract between the city and the university, the city

council of Denton may delegate to the university the authority to

regulate the parking of vehicles on any public street running

through or immediately adjacent to property owned or occupied and

controlled by the university.

(b) The contract may authorize the university to assign and

regulate parking spaces for its use, to charge and collect a fee

from its personnel and students for parking, to prohibit parking,

and to charge and collect a fee for removing vehicles parked in

violation of law or ordinance or in violation of a rule governing

the parking of vehicles adopted by the board. All parking

violations shall be filed in the Municipal Court of Denton or the

justice of the peace court having jurisdiction over the offense.

(c) Before the contract is considered by the city council or the

board, the attorney general and the city attorney of Denton shall

review and either approve the contract or file written legal

objections to the contract with the chief executive officer of

both the board and the council. The contract must be approved by

resolution of the board and the city council.

Added by Acts 1981, 67th Leg., p. 892, ch. 317, Sec. 2, eff. Aug.

31, 1981.

Sec. 107.84. CONSTRUCTION OF SUBCHAPTER. This subchapter does

not:

(1) limit the police powers of the city or its law enforcement

jurisdiction;

(2) render a campus peace officer an employee of the city or

entitle a campus peace officer to compensation from the city; or

(3) restrict the power of the university under other law to

enforce laws, ordinances, or rules regulating traffic or parking.

Added by Acts 1981, 67th Leg., p. 892, ch. 317, Sec. 2, eff. Aug.

31, 1981.