CHAPTER 95. ADMINISTRATION OF THE TEXAS STATE UNIVERSITY SYSTEM
EDUCATION CODE
TITLE 3. HIGHER EDUCATION
SUBTITLE E. THE TEXAS STATE UNIVERSITY SYSTEM
CHAPTER 95. ADMINISTRATION OF THE TEXAS STATE UNIVERSITY SYSTEM
SUBCHAPTER A. ADMINISTRATIVE PROVISIONS
Sec. 95.01. BOARD OF REGENTS. The organization, control, and
management of the state university system is vested in the Board
of Regents, Texas State University System.
Acts 1971, 62nd Leg., p. 3218, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 1975, 64th Leg., p. 1160, ch. 434,
Sec. 3, eff. June 19, 1975.
Sec. 95.02. BOARD MEMBERS: APPOINTMENT, QUALIFICATIONS, TERMS.
The board is composed of nine members appointed by the governor
with the advice and consent of the senate. The members hold
office for terms of six years, with the terms of three members
expiring February 1 of odd-numbered years. Each member of the
board shall be a qualified voter; and the members shall be
selected from different portions of the state.
Acts 1971, 62nd Leg., p. 3218, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 1983, 68th Leg., p. 2837, ch. 484,
art. III, Sec. 3, eff. June 19, 1983.
Sec. 95.03. BOARD MEETINGS. The board shall provide for regular
meetings for the transaction of business pertaining to the
affairs of the state university system. The chairman or a
majority of the members of the board by petition may at any time
call a special meeting of the board and fix the time and place
thereof.
Acts 1971, 62nd Leg., p. 3219, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 1975, 64th Leg., p. 1160, ch. 434,
Sec. 3, eff. June 19, 1975; Acts 1983, 68th Leg., p. 3050, ch.
524, Sec. 1, eff. Sept. 1, 1983.
Sec. 95.04. PER DIEM; EXPENSES. Members of the board shall
receive a per diem payment as provided by the legislature and
shall in addition be reimbursed for the actual expenses incurred
by them in the performance of their duties. Payment shall be made
out of the appropriation for the support and maintenance of the
state university system as the board may direct.
Acts 1971, 62nd Leg., p. 3219, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 1975, 64th Leg., p. 1160, ch. 434,
Sec. 3, eff. June 19, 1975; Acts 1983, 68th Leg., p. 3050, ch.
524, Sec. 1, eff. Sept. 1, 1983.
Sec. 95.05. QUORUM. Five members of the board shall be a quorum
for the transaction of business at any meeting and, unless a
greater number is required by the board's rules, the act of a
majority of the members present at any meeting shall be the act
of the board.
Added by Acts 1983, 68th Leg., p. 3053, ch. 524, Sec. 2, eff.
Sept. 1, 1983.
Sec. 95.06. SYSTEM CENTRAL ADMINISTRATION OFFICE; EXECUTIVE
OFFICER. (a) The central administration office of the
university system shall provide oversight and coordination of the
activities of each component institution within the system.
(b) The board shall appoint an executive officer of the
university system and determine the executive officer's term of
office, salary, and duties.
(c) The executive officer shall recommend a plan for the
organization of the university system and the appointment of a
president for each component institution within the system.
(d) The executive officer is responsible to the board for the
general management and success of the university system, and the
board shall cooperate with the executive officer to carry out
that responsibility.
(e) In addition to other powers and duties provided by this code
or other law, the central administration office of the system
shall recommend necessary policies and rules to the governing
board of the system to ensure conformity with all laws and rules
and to provide uniformity in data collection and financial
reporting procedures.
Added by Acts 1989, 71st Leg., ch. 464, Sec. 3, eff. June 14,
1989.
SUBCHAPTER B. POWERS AND DUTIES OF BOARD
Sec. 95.21. GENERAL RESPONSIBILITIES AND AUTHORITY OF BOARD.
(a) The board is responsible for the general control and
management of the universities in the system and may erect,
equip, and repair buildings; purchase libraries, furniture,
apparatus, fuel, and other necessary supplies; employ and
discharge presidents or principals, teachers, treasurers, and
other employees; fix the salaries of the persons employed; and
perform such other acts as in the judgment of the board
contribute to the development of the universities in the system
or the welfare of their students.
(b) The board has authority to promulgate and enforce such
rules, regulations, and orders for the operation, control, and
management of the university system and its institutions as the
board may deem either necessary or desirable. When a power is
vested in the board, the board may adopt a rule, regulation, or
order delegating such power to any officer, employee, or
committee as the board may designate.
Acts 1971, 62nd Leg., p. 3219, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 1975, 64th Leg., p. 1160, ch. 434,
Sec. 3, eff. June 19, 1975; Acts 1983, 68th Leg., p. 3050, ch.
524, Sec. 1, eff. Sept. 1, 1983.
Sec. 95.22. INSPECTION OF UNIVERSITIES. The board as a whole or
by committee shall visit each university under its control and
management at least once during each scholastic year, inspect its
work, and gather information which will enable the board to
perform its duties intelligently and effectively.
Acts 1971, 62nd Leg., p. 3219, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 1975, 64th Leg., p. 1160, ch. 434,
Sec. 3, eff. June 19, 1975; Acts 1983, 68th Leg., p. 3050, ch.
524, Sec. 1, eff. Sept. 1, 1983.
Sec. 95.23. LOCAL COMMITTEES OF BOARD. At least once a year
each local committee of the board shall meet on the campus of the
institution for which the local committee is responsible for
reporting to the board. At the meeting, the local committee shall
confer with the institution's officials and carefully examine all
phases of the operations of the institution.
Acts 1971, 62nd Leg., p. 3219, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 95.24. ADMISSION; DIPLOMAS AND CERTIFICATES. The board may
determine the conditions on which students may be admitted to the
universities, the grades of certificates issued, the conditions
for the award of certificates and diplomas, and the authority by
which certificates and diplomas are signed.
Acts 1971, 62nd Leg., p. 3219, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 1975, 64th Leg., p. 1160, ch. 434,
Sec. 3, eff. June 19, 1975.
Sec. 95.25. TEACHING CERTIFICATES. Diplomas and teachers
certificates of each of the system universities authorize the
holders to teach in the public schools.
Acts 1971, 62nd Leg., p. 3220, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 1975, 64th Leg., p. 1160, ch. 434,
Sec. 3, eff. June 19, 1975.
Sec. 95.27. ANNUAL REPORT TO GOVERNOR. The board shall make an
annual report to the governor showing the general condition of
the affairs of each university in the system and making
recommendations for its future management and welfare.
Acts 1971, 62nd Leg., p. 3220, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 1975, 64th Leg., p. 1160, ch. 434,
Sec. 3, eff. June 19, 1975.
Sec. 95.28. DISBURSEMENT OF FUNDS. All appropriations made by
the legislature for the support and maintenance of the system
universities, for the purchase of land or buildings for the
universities, for the erection or repair of buildings, for the
purchase of apparatus, libraries, or equipment of any kind, or
for any other improvement of any kind shall be disbursed under
the direction and authority of the board. The board may formulate
rules for the general control and management of the universities,
for the auditing and approving of accounts, and for the issuance
of vouchers and warrants which are necessary for the efficient
administration of the universities.
Acts 1971, 62nd Leg., p. 3220, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 1975, 64th Leg., p. 1160, ch. 434,
Sec. 3, eff. June 19, 1975.
Sec. 95.29. FINANCIAL STATEMENTS AND RECOMMENDATIONS. The board
shall file in each house of the legislature at each of its
regular biennial sessions a statement of the receipts and
expenditures of each of the system universities, showing the
amount of salaries paid to the various teachers, contingent
expenses, expenditures for improvements, and other items of
expense. The board shall also file its recommendations for
appropriations for the universities.
Acts 1971, 62nd Leg., p. 3220, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 1975, 64th Leg., p. 1160, ch. 434,
Sec. 3, eff. June 19, 1975.
Sec. 95.30. EMINENT DOMAIN. The board has the power of eminent
domain to acquire for the use of the system universities the
lands necessary and proper for carrying out their purposes, in
the manner prescribed in Title 4, Chapter 21, of the Property
Code. The taking of the land is for the use of the state. The
board shall not be required to deposit a bond or the amount equal
to the award of damages by the commissioners as provided in
Section 21.021 of the Property Code.
Acts 1971, 62nd Leg., p. 3220, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 1975, 64th Leg., p. 1160, ch. 434,
Sec. 3, eff. June 19, 1975; Acts 1987, 70th Leg., ch. 403, Sec.
1, eff. Sept. 1, 1987.
Sec. 95.31. ACQUISITION OF LAND; PROCEDURES. The board may
acquire land, including the improvements thereupon, needed for
the proper operation of a system university. The acquisition may
be by grant, purchase, lease, exchange, gift, devise, or by
condemnation.
If the board and the landowner cannot agree on the sale and
purchase of the land, the board may request the attorney general
to proceed to condemn the land as provided by law.
Acts 1971, 62nd Leg., p. 3220, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 1975, 64th Leg., p. 1161, ch. 434,
Sec. 4, eff. June 19, 1975; Acts 1983, 68th Leg., p. 3050, ch.
524, Sec. 1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 403,
Sec. 1, eff. Sept. 1, 1987.
Sec. 95.32. DORMITORIES. (a) The board may enter into
contracts with persons, firms, or corporations for the erection
of dormitories at a university, and may purchase or lease lands
and other appurtenances for the construction of the dormitories,
provided that the state incurs no liability for the buildings or
the sites.
(b) The board may make contracts with reference to the
collection and disposition of the revenue derived from the
dormitories in the acquisition, management, and maintenance of
the buildings.
(c) The board may adopt rules and regulations it deems
reasonable requiring any class or classes of students to reside
in the dormitories or other buildings. Absolute management and
control of the dormitories constructed is vested in the board.
Acts 1971, 62nd Leg., p. 3221, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 1975, 64th Leg., p. 1162, ch. 434,
Sec. 5, eff. June 19, 1975.
Sec. 95.33. MANAGEMENT OF PROPERTY. The board of regents of the
Texas State University System has the sole and exclusive
management and control of the lands set aside and appropriated
to, or acquired by, the Texas State University System. The board
may sell, lease, and otherwise manage, control, and use the lands
in any manner and at prices and under terms and conditions the
board deems best for the interest of the Texas State University
System, not in conflict with the constitution. However, the land
shall not be sold at a price less per acre than that at which the
same class of other public land may be sold under the statutes.
No grazing lease shall be made for a period of more than 10
years.
Added by Acts 1979, 66th Leg., p. 1447, ch. 636, Sec. 1, eff.
June 13, 1979. Amended by Acts 1983, 68th Leg., p. 3050, ch. 524,
Sec. 1, eff. Sept. 1, 1983.
Sec. 95.34. DONATIONS, GIFTS, GRANTS, AND ENDOWMENTS. (a) The
board may accept donations, gifts, grants, and endowments for the
universities under its control 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, grant, or endowment, not inconsistent with
the laws of the state or with the objectives and proper
management of the universities. All money accepted under the
authority of this section shall be deposited to the credit of one
or more special funds created by the board for the university
system or universities in the system. The board shall designate
one or more depositories for the money received and shall accord
money deposited in them the same protection by the pledging of
assets of a depository as is required for the protection of
public funds.
(b) The board may deposit in one or more appropriate accounts
created by the board all funds received as administrative fees or
charges for services rendered in the management and
administration of any trust estate under the control of the
board. The funds so received as administrative fees or charges
may be expended by the board for any educational purpose of the
university system or universities in the system.
Added by Acts 1979, 66th Leg., p. 1447, ch. 636, Sec. 1, eff.
June 13, 1979. Amended by Acts 1983, 68th Leg., p. 3050, ch. 524,
Sec. 1, eff. Sept. 1, 1983.
Sec. 95.36. MANAGEMENT AND LEASE OF LAND. (a) The board may
lease for oil, gas, sulphur, ore, and other mineral development
all land under its control. The board may make and enter into
pooling agreements, division orders, or other contracts necessary
in the management and development of its land. All leases,
pooling agreements, division orders, or other contracts entered
into shall be on terms which the board deems in the best interest
of the system and the system universities. No lease shall be sold
for less than the royalty and rental terms demanded at that time
by the General Land Office in the sale of oil, gas, and other
mineral leases of the public lands of the State of Texas.
(b) Except as provided in Subsection (c) of this section, any
money received by virtue of this section and the income from the
investment of such money shall be deposited in the State Treasury
to the credit of a special fund to be known as the Texas State
University System special mineral fund, to be used exclusively
for the university system and the universities in the system.
However, no money shall ever be expended from this fund except as
authorized by the General Appropriations Act.
(c) All money received by virtue of the lease of land given to
the board by a will, instrument in writing, or other means shall
be deposited to the credit of one or more special funds created
by the board for the university system or universities in the
system. The board shall designate one or more depositories for
the money received and shall accord money deposited in them the
same protection by the pledging of assets of a depository as is
required for the protection of public funds. Money deposited in a
special fund may be used by the board for payment of principal
and interest on revenue bonds or notes issued by the board and
for any other use or purpose which in the judgment of the board
may be for the good of the university system or the universities
in the system.
Added by Acts 1983, 68th Leg., p. 3053, ch. 524, Sec. 2, eff.
Sept. 1, 1983.
Sec. 95.37. DELINQUENT STUDENT LOAN ACCOUNTS; VENUE. A suit by
the Texas State University System on its own behalf or on behalf
of a component institution of the Texas State University System
to recover a delinquent student loan, account, or debt owed to
the Texas State University System or a component institution of
the Texas State University System shall be brought in Travis
County.
Added by Acts 1987, 70th Leg., ch. 403, Sec. 2, eff. Sept. 1,
1987.