EDUCATION CODE
TITLE 3. HIGHER EDUCATION
SUBTITLE A. HIGHER EDUCATION IN GENERAL
CHAPTER 51. PROVISIONS GENERALLY APPLICABLE TO HIGHER EDUCATION
SUBCHAPTER A. CONTROL OF FUNDS
§ 51.001. INSTITUTIONS TO WHICH APPLICABLE. The
provisions of this subchapter apply to each institution of higher
education, as that term is defined by Section 61.003 of this code,
including each public junior college to the extent possible.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1973, 63rd Leg., p. 1656, ch. 601, § 1,
eff. June 15, 1973; Acts 1975, 64th Leg., p. 813, ch. 317, § 2,
eff. Sept. 1, 1975; Acts 1987, 70th Leg., ch. 823, § 3.05, eff.
June 20, 1987; Acts 1987, 70th Leg., ch. 1070, § 2, eff. May 15,
1988.
§ 51.002. FUNDS SUBJECT TO CONTROL. (a) The governing
board of each institution listed in Section 51.001 of this code may
retain control of the following sums of money collected at the
institution, subject to Section 51.008 of this code:
(1) 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) all other fees and local or institutional funds
arising out of and by virtue of the educational activities,
research, or demonstrations carried on by the institution; and
(10) donations and gifts to the institution.
(b) The provisions of this subchapter do not apply to any
income derived from the permanent university fund.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1991, 72nd Leg., ch. 481, § 1, eff. June
8, 1991.
§ 51.003. DEPOSITORIES. (a) The governing board of
each institution may select one or more depositories as places of
deposit for the funds enumerated in Section 51.002 of this code.
Depositories shall be selected on the basis of competitive bids. If
bids are taken orally, the bids shall be tabulated by the person
taking the bids and made a part of the permanent records of the
institution.
(b) The funds shall either be deposited in the depository
bank or banks or invested as authorized by Chapter 2256, Government
Code (Public Funds Investment Act). Funds that are to be deposited
in the depository bank or banks must be deposited within seven days
from the date of collection.
(c) The governing board shall require adequate surety bonds
or securities to be posted to secure the deposits and may require
additional security at any time it deems the deposits inadequately
secured. The depository banks selected may pledge their securities
to protect the funds.
(d) A depository shall pay interest on the deposits at a
rate agreed on by the depository and the governing board.
(e) Any surety bond furnished under the provisions of this
section shall be payable to the governor and his successors in
office. Venue for a suit to recover an amount claimed by the state
to be due on a surety bond is in Travis County.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1987, 70th Leg., ch. 823, § 4.03, eff.
June 20, 1987; Acts 1987, 70th Leg., ch. 889, § 8, eff. Aug. 31,
1987; Acts 1995, 74th Leg., ch. 402, § 2, eff. Sept. 1, 1995.
§ 51.0031. DEPOSITS AND INVESTMENTS. (a) A governing
board may deposit funds under its control as provided in Section
51.003 of this code, may invest funds under its control in
accordance with Chapter 2256, Government Code and, with regard to
donations, gifts, and trusts, may establish endowment funds that
operate as trusts and are managed under prudent person standards.
(b) Funds described in this section may also be invested in
cash management and fixed income funds held by organizations exempt
from federal taxation under Section 501(f) of the Internal Revenue
Code of 1986 (26 U.S.C. Section 501(f)), as that section may be
amended.
(c) If a governing board has under its control at least $25
million in book value of endowment funds, such governing board may
invest all funds described in this section under prudent person
standards.
(d) As used in this section, "prudent person standard" is
the standard of care described in Article VII, Section 11b, of the
Texas Constitution, and means that standard of judgment and care
that prudent investors, exercising reasonable care, skill, and
caution, would acquire or retain in light of the purposes, terms,
distribution requirements, and other circumstances of the fund then
prevailing, taking into consideration the investment of all the
assets of the fund rather than a single investment.
Added by Acts 1987, 70th Leg., ch. 823, § 4.04, eff. June 20,
1987. Amended by Acts 1993, 73rd Leg., ch. 240, § 4, eff. May 22,
1993; Acts 1995, 74th Leg., ch. 402, § 3, eff. Sept. 1, 1995;
Acts 2001, 77th Leg., ch. 1158, § 4, eff. June 15, 2001.
§ 51.0032. INVESTMENT REPORTS AND POLICIES. (a) A
governing board shall adopt by rule or resolution a written
investment policy for the investment of its institutional funds.
(b) Not less than quarterly, an institution of higher
education shall prepare and submit to the governing board of the
institution a written report of the institution's institutional
funds investment transactions for the preceding reporting period.
(c) In addition to other information that may be required by
the governing board, the report must contain:
(1) a summary statement of each pooled fund group that
states the beginning market value for the reporting period,
additions and changes to the market value during the period, and the
ending market value for the period; and
(2) the book value and market value of each separately
invested asset at the beginning and end of the reporting period by
type of asset and fund type invested.
(d) In this section:
(1) "Governing board" means a governing board
described in Section 51.0031(c).
(2) "Institution of higher education" means an
institution of higher education under the governance of a governing
board to which this section applies.
(3) "Pooled fund group" means an internally created
fund of an institution of higher education in which one or more
institutional accounts are invested.
(4) "Separately invested asset" means an account of an
institution of higher education that is not invested in a pooled
fund group.
Added by Acts 1995, 74th Leg., ch. 402, § 4, eff. Sept. 1, 1995.
§ 51.004. SEPARATE ACCOUNTS; TRUST FUNDS;
INTEREST. (a) Separate accounts shall be kept on the books of the
institution showing the sources of all sums collected and the
purposes for which disbursements are made.
(b) All trust funds, including gifts, grants, and bequests
received, establishing or adding to endowment funds, loan and
scholarship funds, and funds for other current restricted purposes,
shall be credited to separate accounts and shall not be commingled
with other local or institutional funds.
(c) If the governing board so elects, deposits of all funds
not specifically required to be deposited to special accounts may
be deposited in a single bank account if the records of the
institution clearly reflect the balances attributable to general
funds and various categories of trust funds.
(d) Interest received from depository banks for funds on
deposit may be credited to an appropriate account in either general
funds or trust funds in relation to the sources of temporary
investments in time deposits, if the disposition of the earnings
was not specified by the grantor. Interest received from the trust
funds time deposits shall be available for loans, scholarships,
fellowships, institutional research, faculty aid, and other lawful
purposes.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1991, 72nd Leg., ch. 481, § 2, eff. June
8, 1991.
§ 51.005. REPORTS. (a) True and full accounts shall be
kept by the governing board and by the employees of the institution
of all funds collected from all sources and of all sums paid out and
the persons to whom and the purposes for which the sums are paid.
The governing board shall annually print a complete report of all
the sums collected, all expenditures, and all sums remaining on
hand. The report shall show the true condition of all funds as of
the August 31 preceding as well as the collections and expenditures
for the preceding year.
(b) Reports under this section must be in a form approved
jointly by the coordinating board and the comptroller. The
accounting and classification procedures of each institution must
be consistent with uniform procedures prescribed for that purpose
by the coordinating board and the comptroller. The requirements
imposed by the coordinating board and the comptroller must be
designed to reduce paperwork and duplicative reports.
(c) The governing board shall furnish one copy of the report
each to the governor, comptroller of public accounts, state
auditor, Texas Higher Education Coordinating Board, Legislative
Budget Board, House Appropriations Committee, Senate Finance
Committee, and Legislative Reference Library. A copy of the report
shall be submitted to the comptroller by the deadline established
by the comptroller or the General Appropriations Act as necessary
to prepare an audited comprehensive financial report. The
governing board shall retain five copies of the report for
distribution to legislators or other state officials on request.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1975, 64th Leg., p. 568, ch. 227, § 1,
eff. May 20, 1975; Acts 1977, 65th Leg., p. 1187, ch. 455, § 1,
eff. Aug. 29, 1977; Acts 1979, 66th Leg., p. 1053, ch. 484, § 1,
eff. Aug. 27, 1979; Acts 1987, 70th Leg., ch. 823, § 3.06, eff.
June 20, 1987; Acts 1989, 71st Leg., ch. 584, § 98, eff. Sept. 1,
1989; Acts 1993, 73rd Leg., ch. 449, § 19, eff. Sept. 1, 1993.
§ 51.0051. ANNUAL OPERATING BUDGETS. The governing
board of each institution shall approve on or before September 1 of
each year an itemized budget covering the operation of the
institution for the fiscal year beginning on September 1 of each
year. The budget shall be prepared within the limits of
legislatively appropriated general revenue and estimated
educational and general funds. The budget shall also include
estimated institutional funds. Copies of each such budget shall be
furnished to the Texas Higher Education Coordinating Board for
distribution to the Governor's Budget and Planning Office,
Legislative Budget Board, and Legislative Reference Library.
Additional copies shall be delivered to the Texas Higher Education
Coordinating Board as required. The governing board of the
institution shall retain five copies of the budget for distribution
to legislators or other state officials on request.
Added by Acts 1991, 72nd Leg., ch. 481, § 3, eff. June 8, 1991.
Amended by Acts 1995, 74th Leg., ch. 823, § 4, eff. Aug. 28,
1995.
§ 51.006. FUNDS NOT TO BE USED TO INCREASE SALARIES. No
part of any of the funds listed in Section 51.002 of this code shall
ever be used to increase any salary beyond the sum fixed by the
legislature in the general appropriations act; provided, however,
that the use of such funds by an institution for this purpose may be
specifically authorized by the legislature in general law or the
general appropriations act.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1991, 72nd Leg., ch. 481, § 4, eff. June
8, 1991.
§ 51.0065. APPLICABILITY OF ACROSS-THE-BOARD SALARY
INCREASE. An institution of higher education that has adopted a
pay-for-performance program that is in effect when an
across-the-board salary increase for state employees made by an
appropriation act of the legislature takes effect is entitled to
receive any appropriation made for purposes of the across-the-board
salary increase, and may use the amount appropriated for an
across-the-board salary increase or for increases in compensation
under the institution's pay-for-performance program.
Added by Acts 2003, 78th Leg., ch. 1266, § 2.07, eff. June 20,
2003.
§ 51.007. PENALTY. Any state officer, agent, employee,
or member of a governing board of any of the above named
institutions, or any other person who violates any provision of
this subchapter shall be deemed guilty of a misdemeanor and shall be
punished by a fine of not less than $50 nor more than $500, and in
addition may be sentenced to not less than 15 days nor more than
three months in the county jail. Failure to print and furnish to
the officers above named, the reports above specified, shall
subject all of the members of the governing board of the
institutions above mentioned to the penalties provided for in this
section. Every day in excess of the number of days hereinabove
provided for that any sum of money belonging to any of the funds
enumerated in this subchapter, whether depositable in special
depositories or whether those that should be deposited in the state
treasury, shall be withheld from deposit at its proper place of
deposit, shall constitute a separate offense and each day of such
withholding shall subject the officer, agent, employee, or person
so withholding said sum to the penalties herein provided for.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.008. CERTAIN RECEIPTS TO BE DEPOSITED IN STATE
TREASURY. (a) The governing board of every state institution of
higher education is directed to designate special depository banks,
subject to the approval of the comptroller, for the purpose of
receiving and keeping certain receipts of the institution separate
and apart from funds now deposited in the state treasury. The
receipts here referred to are described in Subsection (b) of this
section. The comptroller is directed to deposit the receipts, or
funds representing such receipts, enumerated herein, in the special
depository bank or banks nearest the institution credited with the
receipts, so far as is practicable, and is authorized to withdraw
such funds on drafts or checks prescribed by the comptroller. The
comptroller is authorized to promulgate rules and regulations to
require collateral security for the protection of such funds
pursuant to the provisions of Chapter 404, Government Code. For the
purpose of facilitating the clearance and collection of the
receipts herein enumerated, the comptroller is hereby authorized to
deposit such receipts in any state depository bank and transfer
funds representing such receipts enumerated herein to the
respective special depository banks. Banks so designated as
special depository banks are hereby authorized to pledge their
securities to protect such funds.
(b) The governing board of every state institution of higher
education shall deposit in the state treasury all cash receipts
accruing to any college or university under its control that may be
derived from all sources except auxiliary enterprises,
noninstructional services, agency, designated, and restricted
funds, endowment and other gift funds, student loan funds, funds
retained under Chapter 145 of this code, and Constitutional College
Building Amendment funds. The comptroller is directed to credit
such receipts deposited by each such institution to a separate fund
account for the institution depositing the receipts, but he shall
not be required to keep separate accounts of types of funds
deposited by each institution. For the purpose of facilitating the
transferring of such institutional receipts to the state treasury,
each institution shall open in a local depository bank a clearing
account to which it shall deposit daily all such receipts, and
shall, not less often than every seven days, make remittances
therefrom to the comptroller of all except $500 of the total balance
in said clearing account, such remittances to be in the form of
checks drawn on the clearing account by the duly authorized
officers of the institution, and no disbursements other than
remittances to the state treasury shall be made from such clearing
account. All money so deposited in the state treasury shall be paid
out on warrants drawn by the comptroller as provided by law.
(c) The legislature is authorized to create revolving funds
for the handling of funds of institutions of higher education, as
enumerated herein, by making provision in each biennial
appropriation bill enacted by the legislature.
(d) Nothing in this section affects the provisions of Title
47, Revised Civil Statutes of Texas, 1925, usually referred to as
the State Depository Law. However, the limitation of deposits
contained in Article 2532, Revised Civil Statutes of Texas, 1925,
as amended, shall not apply insofar as the specific funds
enumerated in this section are concerned.
(e) This section prevails over Sections 51.001-51.007 of
this code to the extent of any conflict.
(f) Interest earned on the receipts deposited under this
section to an institution's separate fund account in the state
treasury shall be credited to that separate fund account.
(g) Revenues collected at institutions of higher education
and deposited in the state treasury pursuant to this section and
Section 34.017, Natural Resources Code, and the interest earned
thereon, are dedicated to the institution which collected and
deposited the funds irrespective of the year the funds were
collected, deposited, or earned. These funds may be only used for
the support, maintenance, and operation of the institution as
provided for by law. Section 403.094(h), Government Code, does not
apply to funds described in this section.
(h) Tuition revenues and revenue collected under Section
34.017, Natural Resources Code, that are deposited in the treasury
pursuant to this section, and the interest earned on those
revenues, shall be treated as designated funds in the general
revenue fund. Notwithstanding a pledge of those revenues made or to
be made in the proceedings approved by the governing board of an
institution of higher education authorizing the issuance or
incurrence of bonds, the deposit of those revenues in the treasury
to the credit of an account in the general revenue fund does not:
(1) affect in any manner the pledge of the revenues or
the governing board's ability to pledge the revenues to secure and
pay bonds issued or incurred by the governing board in accordance
with law;
(2) cause the bonds to constitute a debt of the state
or be payable from the full faith and credit of the state;
(3) change the character of the revenues as separate
revenue of the institution collecting the revenue; or
(4) cause the revenue to be considered general revenue
for purposes of Sections 17 and 18, Article VII, Texas
Constitution.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1983, 68th Leg., p. 4650, ch. 804, § 1,
2, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 823, § 3.09,
eff. June 20, 1987; Acts 1993, 73rd Leg., ch. 399, § 1, eff.
Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1423, § 5.08, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1432, § 1, eff. Sept. 1,
2001.
§ 51.009. DEFINING AND ACCOUNTING FOR CERTAIN
INCOME. (a) "Local funds" are the items to be accounted for as
"educational and general funds" as described in Subsection (c) of
this section, but do not include general revenue funds. These funds
shall be accounted for in a manner recommended by the National
Association of College and University Business Officers and
approved by the comptroller of public accounts and the Texas Higher
Education Coordinating Board.
(b) "Institutional funds" means all funds collected at the
institution that are not "educational and general funds" as
described in Subsection (c) of this section. These funds shall be
accounted for in a manner recommended by the National Association
of College and University Business Officers and approved by the
comptroller of public accounts and the Texas Higher Education
Coordinating Board.
(c) Each of the following shall be accounted for as
educational and general funds: net tuition, special course fees
charged under Sections 54.051(e) and (l), Education Code, lab fees,
student teaching fees, hospital and clinic fees, organized activity
fees, proceeds from the sale of educational and general equipment,
and indirect cost recovery fees.
Added by Acts 1987, 70th Leg., ch. 901, § 36, eff. Aug. 31, 1987.
Amended by Acts 1991, 72nd Leg., ch. 481, § 5, eff. June 8, 1991.
SUBCHAPTER C. FACULTY DEVELOPMENT LEAVES OF ABSENCE
§ 51.101. DEFINITIONS. In this subchapter:
(1) "Institution of higher education" has the meaning
assigned to it in Section 61.003 of this code, except that Texas
State Technical College System is included and the Rodent and
Predatory Animal Control Service is excluded for the purposes of
this subchapter.
(2) "Governing board" means the body charged with
policy direction of an institution of higher education.
(3) "Faculty member" means a person who is employed by
an institution of higher education on a full-time basis as a member
of the faculty or staff and whose duties include teaching,
research, administration, including professional librarians, or
the performance of professional services. However, the term does
not include a person employed in a position which is in the
institution's classified personnel system or a person employed in a
similar type of position if the institution does not have a
classified personnel system.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1991, 72nd Leg., ch. 287, § 25, eff.
Sept. 1, 1991.
§ 51.102. LEGISLATIVE FINDINGS AND PURPOSE. The
legislature finds that higher education is vitally important to the
welfare, if not the survival, of Texas and the United States at this
stage in history and that the quality of higher education is
dependent upon the quality of college and university faculties.
The legislature finds, therefore, that money spent on recognized
means for producing an excellent system of public higher education
is money spent to serve a public purpose of great importance. The
legislature finds further that a sound program of faculty
development leaves of absence designed to enable the faculty member
to engage in study, research, writing, and similar projects for the
purpose of adding to the knowledge available to himself, his
students, his institution, and society generally is a
well-recognized means for improving a state's program of public
higher education. The legislature's purpose in establishing the
faculty development leave program provided for by this subchapter
is to improve further the higher education available to the youth at
the state-supported colleges and universities and to establish this
program of faculty development leaves as part of the plan of
compensation for the faculty of these colleges and universities.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.103. GRANTING LEAVES OF ABSENCE;
PROCEDURES. (a) On the application of a faculty member, the
governing board of an institution of higher education may grant a
faculty development leave of absence for study, research, writing,
field observations, or other suitable purpose, to a faculty member
if it finds that he is eligible by reason of service, that the
purpose for which he seeks a faculty development leave is one for
which a faculty development leave may be granted, and that granting
leave to him will not place on faculty development leave a greater
number of faculty members than that authorized.
(b) The governing board by regulation shall establish a
procedure whereby the applications for faculty development leaves
of absence are received by a committee elected by the general
faculty for evaluation and whereby this faculty committee then
makes recommendations to the chief administrative officer of the
institution of higher education, who shall then make
recommendations to the governing board as to which applications
should be granted.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.104. SERVICE REQUIRED. A faculty member is
eligible by reason of service to be considered for a faculty
development leave when he has served as a member of the faculty of
the same institution of higher education for at least two
consecutive academic years. This service may be as an instructor or
as an assistant, associate, or full professor, or an equivalent
rank, and must be full-time academic duty but need not include
teaching.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.105. DURATION AND COMPENSATION. (a) The
governing board may grant to a faculty member a faculty development
leave either for one academic year at one-half of his regular salary
or for one-half academic year at his full regular salary. Payment
of salary to the faculty member on faculty development leave may be
made from the funds appropriated by the legislature specifically
for that purpose, or from such other funds as might be available to
the institution.
(b) A faculty member on faculty development leave may accept
a grant for study, research, or travel from any institution of
higher education, from a charitable, religious, or educational
corporation or foundation, from any business enterprise, or from
any federal, state, or local governmental agency. An accounting of
all grants shall be made to the governing board of the institution
by the faculty member. A faculty member on faculty development
leave may not accept employment from any other person, corporation,
or government, unless the governing board determines that it would
be in the public interest to do so and expressly approves the
employment.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1971, 62nd Leg., p. 3351, ch. 1024, art. 2,
§ 27, eff. Sept. 1, 1971; Acts 1973, 63rd Leg., p. 1640, ch. 597,
§ 1, eff. Aug. 27, 1973; Acts 1981, 67th Leg., p. 890, ch. 316,
§ 1, eff. Aug. 31, 1981.
§ 51.106. NUMBER ON LEAVE AT ONE TIME. Not more than six
percent of the faculty members of any institution of higher
education may be on faculty development leave at any one time.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.107. RIGHTS RETAINED. (a) A faculty member on
faculty development leave shall continue to be a member of the
Teacher Retirement System of Texas or of the Optional Retirement
Program of the institution of higher education, or of both, just as
any other member of the faculty on full-time duty.
(b) The institution of higher education shall cause to be
deducted from the compensation paid to a member of the faculty on
faculty development leave the deposit and membership dues required
to be paid by him to the Teacher Retirement System of Texas or to the
Optional Retirement Program, or both, the contribution for Old Age
and Survivors Insurance, and any other amounts required or
authorized to be deducted from the compensation paid any faculty
member.
(c) A member of the faculty on faculty development leave is
a faculty member for purposes of participating in the programs and
of receiving the benefits made available by or through the
institution of higher education or the state to faculty members.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.108. REGULATIONS CONCERNING ABSENCE. (a) The
governing board of each college or university supported in whole or
in part by state funds shall issue regulations concerning the
authorized and unauthorized absence from duty of faculty members,
including teaching assistants and research assistants.
(b) Each governing board shall file a copy of these
regulations with the Coordinating Board, Texas College and
University System. Each governing board shall file any amendment
to its regulations with the coordinating board not later than 30
days after the effective date of the amendment.
Added by Acts 1971, 62nd Leg., p. 3352, ch. 1024, art. 2, § 28,
eff. Sept. 1, 1971.
SUBCHAPTER D. INFORMATION NETWORK ASSOCIATIONS
§ 51.151. DEFINITIONS. In this subchapter:
(1) "Association" means the Western Information
Network Association or any other regional network association
created and named by the Coordinating Board, Texas College and
University System.
(2) "Member" means one of the institutions of higher
education which compose an association.
(3) "Associate member" means an organization other
than an institution of higher education admitted to associate
membership in an association.
(4) "Board" means the board of directors of an
association.
(5) "Director" means a member of a board.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.152. PURPOSE. The purpose of this subchapter is to
promote the educational programs of state-supported institutions
of higher education in Texas by authorizing the establishment and
operation of a cooperative system for communication and information
retrieval and transfer between the institutions and between the
institutions and private educational institutions, industry, and
the public. The system, employing two-way, closed-circuit
television and other electronic communication facilities, is to
provide a means of effecting the interchange of ideas, talents,
faculties, libraries, and data processing equipment and a means of
carrying out an approved program of instructional television.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.1521. INTERAGENCY CONTRACTS FOR NETWORKS. Any
institution of higher education may enter into an interagency
contract with one or more other institutions of higher education
for the establishment and operation of a telecommunications network
for the transmission of audio or video signals or electronic data,
but only to the extent that the telecommunications services are not
available through a system of telecommunications services
established for state agencies generally. Each of those
interagency contracts shall be reviewed by the Texas Higher
Education Coordinating Board.
Added by Acts 1987, 70th Leg., ch. 823, § 4.05, eff. June 20,
1987.
§ 51.153. WESTERN INFORMATION NETWORK
ASSOCIATION. (a) The Western Information Network Association is
an agency of the state composed of the following state-supported
member institutions of higher education: Amarillo College, Angelo
State University, Clarendon Junior College, Frank Phillips
College, Howard County Junior College, Midwestern University,
Odessa College, South Plains College, Sul Ross State University,
Texas Tech University, The University of Texas at El Paso, and West
Texas State University.
(b) The board by a majority vote may admit other
state-supported institutions of higher education to membership in
the association on the approval of the Coordinating Board, Texas
College and University System.
(c) The board by unanimous vote may admit private
institutions of higher education to membership in the association
on the approval of the Coordinating Board, Texas College and
University System.
(d) The board by unanimous vote may admit other
organizations to associate membership in the association.
(e) The Western Information Network Association is subject
to the Texas Sunset Act (Chapter 325, Government Code). Unless
continued in existence as provided by that Act, the association is
abolished September 1, 1989.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1977, 65th Leg., p. 1854, ch. 735, §
2.157, eff. Aug. 29, 1977; Acts 1985, 69th Leg., ch. 479, § 197,
eff. Sept. 1, 1985.
§ 51.154. BOARD OF DIRECTORS. The association is
governed by a board of directors. The chief administrative
officer, or a person designated by the chief administrative
officer, of each institution of higher education holding membership
in the association shall serve as a director of the board. Service
on the board is an additional duty of employment of the chief
administrative officers or the persons designated by the chief
administrative officers of state-supported institutions and is not
an additional position of honor, trust, or profit. The legislature
finds that this service is necessary in accomplishing the purpose
of this subchapter; is compatible with their employment; and will
benefit the educational program of the institution and of the
state.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.155. DIRECTOR'S EXPENSES. A director is entitled
to receive reimbursement for actual expenses incurred in attending
meetings of the board and in attending to the business of the
association which is authorized by a resolution of the board.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.156. MEETINGS OF THE BOARD; QUORUM; ACTION BY
BOARD. (a) The board shall hold a meeting at least once each
quarter and may hold meetings at other times at the call of the
chairman of the board or at the request of a majority of the other
directors.
(b) A majority of the membership of the board constitutes a
quorum at a meeting of the board.
(c) Action may be taken by the board by the affirmative vote
of the majority of the directors present at a meeting at which a
quorum is present.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.157. CHAIRMAN, VICE CHAIRMAN. The board shall
select a director to serve as chairman and a director to serve as
vice chairman of the board. The chairman shall preside at meetings
of the board. If the chairman is not present, or is unable to act,
the vice chairman shall preside at the meeting.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.158. GENERAL MANAGER, EMPLOYEES. The board may
employ a general manager who shall serve as the chief executive
officer of the association. The board may employ other employees it
considers necessary in carrying on the association's duties and
functions.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.159. DELEGATION OF AUTHORITY. The board may
delegate any of the powers, duties, or functions of the association
to the general manager or to any other employee.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.160. BOND OF OFFICER, AGENT, OR EMPLOYEE. (a) The
general manager and every agent or employee of the association
charged with the collection, custody, or payment of any money of the
association shall execute a bond conditioned on the faithful
performance of his duties.
(b) The board shall approve the form, amount, and surety of
the bond.
(c) The surety may be a surety company authorized to do
business in this state.
(d) The association shall pay the premium on the bond.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.161. POWERS AND DUTIES OF ASSOCIATION. (a) The
association may acquire, operate, and maintain, or obtain by
contracting with any communications common carrier in accordance
with its tariffs, a multichannel, two-way communications system,
including closed-circuit television, linking classrooms,
libraries, computer facilities, information retrieval systems, and
communications facilities located at the member institutions.
(b) The association may lease, acquire, operate, and
maintain, or obtain by contracting with any communications common
carrier in accordance with its tariffs, any facilities in addition
to those described in Subsection (a) of this section, which the
board considers necessary or desirable in carrying out the purposes
of this subchapter.
(c) The association is authorized to lease, as lessor or
lessee, acquire, operate, maintain, and equip a dormitory or
dormitories located on or near the campus of any member institution
of the association that is a state-supported institution of higher
education, and to issue its revenue bonds therefor as provided in
this subchapter.
(d) The association may interchange educational information
with private educational institutions, school districts, the
United States government, and other parties engaged in education or
participating in educational projects, and use the facilities of
the association only in the exchange, retrieval, and transfer of
information and the interchange of approval course offering and
instruction between member-institutions and other parties engaged
in education or participating in educational projects. Any
dormitories leased, acquired, operated, and maintained by the
association shall not be subject to the use limitation of this
subsection that applies to all other facilities of the association.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.162. GIFTS AND GRANTS. The association may accept
gifts, grants, or donations of real or personal property from any
individual, group, association, or corporation. It may accept
grants from the United States government subject to the limitations
or conditions provided by law.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.163. INFORMATION NETWORK ASSOCIATION FUND. The
Information Network Association Fund is a special fund in the state
treasury. All money deposited in the treasury by the Western
Information Network Association or any other regional network
association created by the Coordinating Board, Texas College and
University System, shall be credited to the special fund and
disbursed as provided by legislative appropriation.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.164. RULES AND REGULATIONS. The association shall
adopt and publish rules to govern the conduct of its business.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.165. PRINCIPAL OFFICE. The board for Western
Information Network Association shall maintain its principal
office in Lubbock, at or near Texas Tech University. The boards for
other regional information network associations created by the
Coordinating Board, Texas College and University System, shall
maintain their principal offices at locations designated by the
Coordinating Board, Texas College and University System.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.166. FACILITIES. Each member institution shall
furnish suitable space to the association for a classroom-studio, a
lecture studio, and a control room. It may also furnish any
additional physical plant facility needed by the association in
carrying on its functions at the institution. The facilities may
with the approval of the association board and the governing body of
the state-supported member institutions be located in a dormitory
owned and operated by the association.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.167. DESIGNATION OF REGIONS FOR ADDITIONAL
ASSOCIATIONS. (a) In addition to the Western Information Network
Association, the Coordinating Board, Texas College and University
System, shall at such times as the board shall determine, divide the
state into information network association regions consisting of
state-supported institutions of higher education located within
geographical boundaries prescribed by the coordinating board.
(b) The coordinating board shall give due consideration to
the geographical proximity and number of institutions of higher
education to be included within a proposed region.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.168. CREATION OF ADDITIONAL
ASSOCIATIONS. (a) The coordinating board shall create and name
an information network association within an information network
region if:
(1) a majority of the institutions of higher education
within a region apply to create an association; and
(2) the institutions applying show good cause for
creating an association.
(b) The coordinating board may not create more than one
information network association in an information network region.
(c) Each information network association created is an
agency of the state.
(d) An information network association created under this
section is subject to the Texas Sunset Act (Chapter 325, Government
Code). Unless continued in existence as provided by that Act, the
association is abolished September 1, 1989.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1977, 65th Leg., p. 1854, ch. 735, §
2.158, eff. Aug. 29, 1977; Acts 1985, 69th Leg., ch. 479, § 198,
eff. Sept. 1, 1985.
§ 51.169. PROVISIONS APPLICABLE TO ADDITIONAL
ASSOCIATIONS. Except for Subsection (a), Section 51.153 of this
Code, the provisions of this subchapter apply to any additional
information network association created by the coordinating board.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.170. REVENUE BONDS. (a) The board may issue its
revenue bonds for the purpose of providing funds to lease, as lessor
or lessee, acquire, purchase, construct, improve, enlarge, or equip
any property, buildings, structures, or other facilities,
including but not limited to dormitories, for and on behalf of the
association.
(b) The bonds shall be payable from and secured by liens on
and pledges of all or any part of the revenues from any lease
rentals, rentals, charges, fees, or other resources of the board or
association.
(c) The bonds may be issued to mature serially or otherwise
within not more than 40 years from their date. The board may
provide for the subsequent issuance of additional parity bonds, or
subordinate lien bonds, under the terms and conditions set forth in
the resolution authorizing the issuance of the bonds.
(d) The bonds, and any interest coupons appertaining to
them, are negotiable instruments. The bonds may be issued
registrable as to principal alone or as to both principal and
interest. They shall be executed, and may be made redeemable prior
to maturity, may be issued in the form, denominations, and manner,
and under the terms, conditions, and details, may be sold in the
manner, at the price, and under the terms, and shall bear interest
at the rate or rates, as is determined and provided by the board in
the resolution authorizing the issuance of the bonds.
(e) Proceeds from the sale of the bonds may be used for
paying interest on the bonds during the period of the acquisition or
construction of any facilities to be provided through the issuance
of the bonds and for providing a reserve for the payment of the
principal of and interest on the bonds. The proceeds may be placed
on time deposit or invested until needed to the extent and in the
manner provided in the bond resolution.
(f) The board shall fix and collect lease rentals, rentals,
rates, charges, and fees, or any combination of them, from students
or others for the occupancy, use, or availability of all or any of
its property, buildings, structures, or other facilities in amounts
which will be sufficient, together with any other pledged
resources, to provide for all payments of principal, interest, and
any other amounts required in connection with any bonds issued
under this section, and, to the extent required by the resolution
authorizing the issuance of the bonds, to provide for the payment of
expenses in connection with the issuance of the bonds and for the
payment of operation, maintenance, and other expenses in connection
with the property, buildings, structures, or facilities.
(g) Fees for the use or availability of all or any property,
buildings, structures, or facilities may be pledged to the payment
of the bonds, and shall be fixed and collected in the manner
determined and provided by the board in the resolution authorizing
the issuance of the bonds. The board may pledge to the payment of
the bonds all or any part of any resources of the board or
association to the extent that the resources are permitted to be
pledged to the payment of the revenue bonds. Each board may pledge
to the payment of the bonds all or any part of any grant, donation,
or income received or to be received from the United States
government or any other public or private source, whether pursuant
to an agreement or otherwise.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.171. REVENUE REFUNDING BONDS. Any revenue bonds
issued by the board under this subchapter may be refunded, and in
that case all pertinent and appropriate provisions of this
subchapter are applicable to the refunding bonds. In refunding any
of the bonds the board may, in the same authorizing proceedings,
refund bonds issued under this subchapter and may combine all the
refunding bonds with any other additional new bonds to be issued
under this subchapter into one or more issues or series of bonds,
and may provide for the subsequent issuance of additional parity
bonds, or subordinate lien bonds, under terms and conditions set
forth in the authorizing proceedings.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.172. APPROVAL OF BONDS; REGISTRATION. All bonds
issued under this subchapter shall be submitted to the attorney
general for examination. If he finds that the bonds have been
authorized in accordance with law, he shall approve them, and
thereupon they shall be registered by the comptroller of public
accounts. After the approval and registration the bonds are
incontestable for any reason and are valid and binding obligations
in accordance with their terms for all purposes. If the bonds
recite that they are secured partially or otherwise by a pledge of
the proceeds of a contract or lease made between the board and
another party or parties, public agencies, or otherwise, a copy of
the contract or lease and of the proceedings authorizing it may or
may not be submitted to the attorney general along with the bond
records. If submitted, then the approval by the attorney general of
the bonds shall constitute an approval of the contract or lease, and
thereafter the contract or lease shall be incontestable.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.173. BONDS AS LEGAL INVESTMENTS. All bonds issued
under this subchapter are legal and authorized investments for all
banks, trust companies, building and loan associations, savings and
loan associations, insurance companies of all kinds and types,
fiduciaries, trustees, and guardians, and for all interest and
sinking funds and other public funds of the State of Texas, and all
agencies, subdivisions, and instrumentalities thereof, including
all counties, cities, towns, villages, school districts, and all
other kinds and types of districts, public agencies, and bodies
politic. The bonds are eligible and lawful security for all
deposits of public funds of the State of Texas and all agencies,
subdivisions, and instrumentalities thereof, including all
counties, cities, towns, villages, school districts, and all other
kinds and types of districts, public agencies, and bodies politic,
to the extent of the market value of the bonds, when accompanied by
any unmatured interest coupons appurtenant to them.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
SUBCHAPTER E. PROTECTION OF BUILDINGS AND GROUNDS
§ 51.201. APPLICABILITY OF CRIMINAL LAWS. All the
general and criminal laws of the state are declared to be in full
force and effect within the areas under the control and
jurisdiction of the state institutions of higher education of this
state.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.202. RULES AND REGULATIONS; PENALTY. (a) The
governing board of each state institution of higher education,
including public junior colleges, may promulgate rules and
regulations for the safety and welfare of students, employees, and
property, and other rules and regulations it may deem necessary to
carry out the provisions of this subchapter and the governance of
the institution, providing for the operation and parking of
vehicles on the grounds, streets, drives, alleys, and any other
institutional property under its control, including but not limited
to the following:
(1) limiting the rate of speed;
(2) assigning parking spaces and designating parking
areas and their use and assessing a charge for parking;
(3) prohibiting parking as it deems necessary;
(4) removing vehicles parked in violation of
institutional rules and regulations or law at the expense of the
violator; and
(5) instituting a system of registration for vehicle
identification, including a reasonable charge.
(b) A person who violates any provision of this subchapter
or any rule or regulation promulgated under the authority of this
subchapter is guilty of a misdemeanor and on conviction is
punishable by a fine of not more than $200.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.203. CAMPUS PEACE OFFICERS. (a) The governing
boards of each state institution of higher education and public
technical institute may employ and commission peace officers for
the purpose of carrying out the provisions of this subchapter. The
primary jurisdiction of a peace officer commissioned under this
section includes all counties in which property is owned, leased,
rented, or otherwise under the control of the institution of higher
education or public technical institute that employs the peace
officer.
(b) Within a peace officer's primary jurisdiction, a peace
officer commissioned under this section:
(1) is vested with all the powers, privileges, and
immunities of peace officers;
(2) may, in accordance with Chapter 14, Code of
Criminal Procedure, arrest without a warrant any person who
violates a law of the state; and
(3) may enforce all traffic laws on streets and
highways.
(c) Outside a peace officer's primary jurisdiction a peace
officer commissioned under this section is vested with all the
powers, privileges, and immunities of peace officers and may arrest
any person who violates any law of the state if the peace officer:
(1) is summoned by another law enforcement agency to
provide assistance;
(2) is assisting another law enforcement agency; or
(3) is otherwise performing his duties as a peace
officer for the institution of higher education or public technical
institute that employs the peace officer.
(d) Any officer assigned to duty and commissioned shall take
and file the oath required of peace officers.
(e) Any person commissioned under this Act must be a
certified police officer under the requirements of the Texas
Commission on Law Enforcement Officers and Standards.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1987, 70th Leg., ch. 468, § 1, eff. Aug.
31, 1987; Acts 2003, 78th Leg., ch. 285, § 5, eff. Sept. 1, 2003.
§ 51.204. TRESPASS, DAMAGE, ETC. It is unlawful for any
person to trespass on the grounds of any state institution of higher
education of this state or to damage or deface any of the buildings,
statues, monuments, memorials, trees, shrubs, grasses, or flowers
on the grounds of any state institutions of higher education.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.205. PARKING; BLOCKING OR IMPEDING TRAFFIC. It is
unlawful for any person to park a vehicle on any property under the
control and jurisdiction of a state institution of higher education
of this state except in the manner designated by the institution and
in the spaces marked and designated by the governing board, or to
block or impede traffic through any driveway of that property. All
laws regulating traffic on highways and streets apply to the
operation of vehicles within the property of the institution,
except as may be modified in this subchapter.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.206. PARKING AND TRAFFIC TICKETS; SUMMONS; ARREST
WARRANTS. In connection with traffic and parking violations, only
the officers authorized to enforce the provisions of this
subchapter have the authority to issue and use traffic tickets and
summons of the type used by the Texas Highway Patrol, with any
changes that are necessitated by reason of this subchapter. On the
issuance of any parking or traffic ticket or summons, the same
procedures shall be followed as prevail in connection with the use
of parking and traffic violation tickets by the cities of this state
and the Texas Highway Patrol. Nothing in this subchapter restricts
the application and use of regular arrest warrants.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.207. VEHICLE IDENTIFICATION INSIGNIA; VEHICLE
PERMITS. (a) Each public institution of higher education may
provide for the issuance and use of suitable vehicle identification
insignia. The institution may bar or suspend the permit of any
vehicle from driving or parking on any institutional property for
the violation of any rule or regulation promulgated by the board as
well as for any violation of this subchapter. Reinstatement of the
privileges may be permitted and a reasonable fee assessed.
(b) This subsection applies only to a public institution of
higher education campus that is located in whole or part in an area
in which a motor vehicle registered in the area is required to
undergo a vehicle emissions inspection under Subchapter F, Chapter
548, Transportation Code. The institution may not issue a permit to
a student enrolled at the institution to park or drive a motor
vehicle that is not registered in this state on institutional
property unless the institution has provided written notice to the
student concerning requirements for vehicle emissions inspections
pursuant to Subchapter F, Chapter 548, Transportation Code.
(c) The Public Safety Commission shall adopt rules
providing for the inspection under Subchapter F, Chapter 548,
Transportation Code, of motor vehicles not registered in this state
for purposes of Subsection (b).
(d) This subsection applies only to a public institution of
higher education campus that is not covered by Subsection (b). The
institution may not issue a permit to a student of the institution
for driving or parking a motor vehicle on institutional property
unless the institution provides written notice to the student that
failure to register the vehicle in this state or to display a
current and appropriate inspection certificate issued under
Chapter 548, Transportation Code, may violate state law if the
owner of the vehicle resides in this state.
(e) Each institution of higher education that maintains a
campus police force shall adopt procedures for enforcing State of
Texas vehicle inspection laws for vehicles parking or driving on
the campus of the institution.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 2001, 77th Leg., ch. 1147, § 1.
§ 51.208. COURTS HAVING JURISDICTION. The judge of a
municipal court or any justice of the peace of any city or county
where property under the control and jurisdiction of a state
institution of higher education is located is each separately
vested with all jurisdiction necessary to hear and determine
criminal cases involving violations of this subchapter or rules or
regulations promulgated under this subchapter for which the
punishment does not exceed a fine of $200.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.209. UNAUTHORIZED PERSONS; REFUSAL OF ENTRY,
EJECTION, IDENTIFICATION. The governing board of a state
institution of higher education or its authorized representatives
may refuse to allow persons having no legitimate business to enter
on property under the board's control, and may eject any
undesirable person from the property on his refusal to leave
peaceably on request. Identification may be required of any person
on the property.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.210. ENFORCEMENT OF RULES AND
REGULATIONS. Notwithstanding any of the provisions of this
subchapter, all officers commissioned by the governing board of a
state institution of higher education may be empowered by the board
to enforce rules and regulations promulgated by the board. Nothing
in this subchapter is intended to limit or restrict the authority of
each institution to promulgate and enforce appropriate rules and
regulations for the orderly conduct of the institution in carrying
out its purposes and objectives or the right of separate
jurisdiction relating to the conduct of its students and personnel.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.211. CUMULATIVE EFFECT. The provisions of this
subchapter are cumulative of all other laws.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.212. SECURITY OFFICERS AT PRIVATE
INSTITUTIONS. (a) The governing boards of private institutions
of higher education, including private junior colleges, are
authorized to employ and commission campus security personnel for
the purpose of enforcing the law of this state on the campuses of
private institutions of higher education. Any officer commissioned
under the provisions of this section is vested with all the powers,
privileges, and immunities of peace officers while on the property
under the control and jurisdiction of the respective private
institution of higher education or otherwise in the performance of
his assigned duties. Any officer assigned to duty and commissioned
shall take and file the oath required of peace officers, and shall
execute and file a good and sufficient bond in the sum of $1,000,
payable to the governor, with two or more good and sufficient
sureties, conditioned that he will fairly, impartially, and
faithfully perform the duties as may be required of him by law. The
bond may be sued on from time to time in the name of the person
injured until the whole amount is recovered.
(b) The governing boards of private institutions of higher
education are authorized to hire and pay on a regular basis
law-enforcement officers commissioned by an incorporated city. The
officers shall be under the supervision of the hiring institution,
but shall be subject to dismissal and disciplinary action by the
city. An incorporated city is authorized to contract with a private
institution of higher education for the use and employment of its
commissioned officers in any manner agreed to, provided that there
is no expense incurred by the city.
(c) In this section, "private institution of higher
education" has the meaning assigned by Section 61.003(15) of this
code.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1993, 73rd Leg., ch. 516, § 1, eff.
Sept. 1, 1993.
§ 51.213. ABANDONED PERSONAL PROPERTY. (a) The
governing board of each state institution of higher education,
including public junior colleges, is authorized to promulgate rules
and regulations providing for the disposition of abandoned and
unclaimed personal property coming into the possession of the
campus security personnel where the personal property is not being
held as evidence to be used in any pending criminal case.
(b) The authority granted to governing boards under
Subsection (a) may also be exercised by governing boards of private
institutions of higher education, including private junior
colleges.
(c) In this section, "private institution of higher
education" has the meaning assigned by Section 61.003(15).
Added by Acts 1977, 65th Leg., p. 1712, ch. 680, § 1, eff. Aug.
29, 1977. Amended by Acts 1995, 74th Leg., ch. 72, § 1, eff. Aug.
28, 1995.
§ 51.214. SECURITY OFFICERS FOR MEDICAL CORPORATIONS IN
CERTAIN MUNICIPALITIES. (a) In any municipality with a
population of 1.18 million or more, the governing board of a
private, nonprofit medical corporation that provides security
services for an institution of higher education or a private
postsecondary educational institution and other entities located
within the same medical complex, or that provides security services
for a branch of that medical corporation, may employ and commission
security personnel to enforce the law of this state within the
jurisdiction designated by Subsection (c).
(b) An officer commissioned under this section may make
arrests and has all the powers, privileges, and immunities of a
peace officer while performing the officer's assigned duties within
the jurisdiction designated by Subsection (c). An officer assigned
to duty and commissioned shall take and file the oath required of
peace officers and shall execute and file a good and sufficient bond
in the sum of $1,000, payable to the governor, with two or more good
and sufficient sureties, conditioned that the officer will fairly,
impartially, and faithfully perform the duties required of the
officer by law. The bond may be sued on from time to time in the
name of the person injured until the whole amount is recovered.
(c) The jurisdiction of an officer commissioned under this
section is limited to:
(1) property owned, leased, managed, or controlled by
the medical corporation; and
(2) a street or alley that abuts the property or an
easement in or a right-of-way over or through the property.
(d) An officer commissioned by a medical corporation under
this section is not entitled to compensation or benefits provided
by this state or a political subdivision of this state.
(e) The state or a political subdivision of this state is
not liable for an act or omission of an officer commissioned under
this section during the performance of the officer's assigned
duties.
(f) A medical corporation may not commission a person under
this section unless the person obtains a peace officer license
issued by the Commission on Law Enforcement Officer Standards and
Education. The medical corporation shall pay to the Commission on
Law Enforcement Officer Standards and Education on behalf of an
employee any fees that are necessary to obtain a required license.
(g) A person's commission and any authority to act as an
officer under this section are automatically revoked if the
person's employment with a medical corporation is terminated for
any reason.
Added by Acts 1981, 67th Leg., p. 1810, ch. 399, § 1, eff. June
11, 1981. Amended by Acts 1995, 74th Leg., ch. 8, § 1, eff. March
31, 1995; Acts 2001, 77th Leg., ch. 669, § 10, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 1266, § 9.01(a), eff. Sept. 1,
2003.
§ 51.215. ACCESS TO POLICE RECORDS OF EMPLOYMENT
APPLICANTS. (a) An institution of higher education is entitled
to obtain criminal history record information pertaining to an
applicant for employment for a security-sensitive position. The
institution of higher education may deny employment to an applicant
for a security-sensitive position who fails to provide a complete
set of fingerprints upon request.
(b) Repealed by Acts 1993, 73rd Leg., ch. 790, § 46(6),
eff. Sept. 1, 1993.
(c) An institution of higher education may use information
obtained under this section only for the purpose of evaluating
applicants for employment in security-sensitive positions.
Security-sensitive positions shall be restricted to employees who
handle currency, have access to a computer terminal, have access to
a master key, or who work in an area of the institution which has
been designated as a security-sensitive area. A security-sensitive
position shall be so identified in the job description and
advertisement for the position.
(d) Repealed by Acts 1993, 73rd Leg., ch. 790, § 46(6),
eff. Sept. 1, 1993.
(e) In this section, "institution of higher education"
means:
(1) an institution of higher education, as defined by
Section 61.003(8) of this code; and
(2) a private institution of higher education, as
defined by Section 61.003(15) of this code.
Added by Acts 1983, 68th Leg., p. 5011, ch. 901, § 1, eff. Aug.
29, 1983. Amended by Acts 1987, 70th Leg., ch. 356, § 1, eff.
June 11, 1987; Acts 1989, 71st Leg., ch. 941, § 1, eff. June 15,
1989; Acts 1993, 73rd Leg., ch. 516, § 2, eff. Sept. 1, 1993;
Acts 1993, 73rd Leg., ch. 790, § 46(6), eff. Sept. 1, 1993.
§ 51.216. CRIME STATISTICS REPORTS. (a) On request of
the Texas Higher Education Coordinating Board, an institution shall
make available to the board the information required to be reported
by the federal Student Right-To-Know and Campus Security Act
(Pub.L. No. 101-542) for the previous year.
(b) The information must be reported in the form required by
the federal Student Right-To-Know and Campus Security Act.
(c) The Texas Higher Education Coordinating Board may adopt
reasonable rules to administer this section.
(d) In this section, "institution" means an institution of
higher education, as defined by Section 61.003 of this code, or a
private college or university that issues degrees in this state and
is not supported by state funds.
Added by Acts 1991, 72nd Leg., ch. 195, § 1, eff. Sept. 1, 1991.
SUBCHAPTER E-1. MAINTAINING CAMPUS ORDER DURING PERIODS OF
DISRUPTION
§ 51.231. DEFINITION OF PERIODS OF DISRUPTION. For
purposes of this subchapter a period of disruption is any period in
which it reasonably appears that there is a threat of destruction to
institutional property, injury to human life on the campus or
facility, or a threat of willful disruption of the orderly
operation of the campus or facility.
Added by Acts 1973, 63rd Leg., p. 84, ch. 51, § 6, eff. Aug. 27,
1973.
§ 51.232. IDENTIFICATION OF PERSONS ON
CAMPUS. (a) During periods of disruption, as determined by the
chief administrative officer of a state-supported institution of
higher education, the chief administrative officer, or an officer
or employee of the institution designated by him to maintain order
on the campus or facility of the institution, may require that any
person on the campus or facility present evidence of his
identification, or if the person is a student or employee of the
institution, his student or employee official institutional
identification card, or other evidence of his relationship with the
institution.
(b) If any person refuses or fails upon request to present
evidence of his identification, or if the person is a student or
employee of the institution, his student or employee official
identification card, or other evidence of his relationship with the
institution, and if it reasonably appears that the person has no
legitimate reason to be on the campus or facility, the person may be
ejected from the campus or facility.
Added by Acts 1973, 63rd Leg., p. 84, ch. 51, § 6, eff. Aug. 27,
1973.
§ 51.233. WITHDRAWAL OF CONSENT TO REMAIN ON
CAMPUS. (a) During periods of disruption, the chief
administrative officer of a campus or other facility of a
state-supported institution of higher education, or an officer or
employee of the institution designated by him to maintain order on
the campus or facility, may notify a person that consent to remain
on the campus or facility under the control of the chief
administrative officer has been withdrawn whenever there is
reasonable cause to believe that the person has willfully disrupted
the orderly operation of the campus or facility and that his
presence on the campus or facility will constitute a substantial
and material threat to the orderly operation of the campus or
facility.
(b) In no case shall consent be withdrawn for longer than 14
days from the date on which consent was initially withdrawn.
(c) Notification shall be in accordance with procedures set
out in Section 51.234 of this code.
Added by Acts 1973, 63rd Leg., p. 84, ch. 51, § 6, eff. Aug. 27,
1973.
§ 51.234. NOTICE OF WITHDRAWAL OF CONSENT. When the
chief administrative officer of a campus or other facility of a
state-supported institution of higher education, or an officer or
employee of the institution designated by him to maintain order on
the campus or facility, decides to withdraw consent for any person
to remain on the campus or facility, he shall notify that person in
writing that consent to remain is withdrawn. The written notice
must contain all of the following:
(1) that consent to remain on the campus has been
withdrawn and the number of days for which consent has been
withdrawn, not to exceed 14;
(2) the name and job title of the person withdrawing
consent, along with an address where the person withdrawing consent
can be contacted during regular working hours;
(3) a brief statement of the activity or activities
resulting in the withdrawal of consent; and
(4) notification that the person from whom consent has
been withdrawn is entitled to a hearing on the withdrawal not later
than three days from the date of receipt by the chief administrative
officer of a request for a hearing.
Added by Acts 1973, 63rd Leg., p. 85, ch. 51, § 6, eff. Aug. 27,
1973.
§ 51.235. REPORT TO CHIEF ADMINISTRATIVE
OFFICER. Whenever consent is withdrawn by any authorized officer
or employee other than the chief administrative officer, the
officer or employee shall submit a written report to the chief
administrative officer within 24 hours, unless the authorized
officer or employee has reinstated consent for the person to remain
on the campus. The report must contain all of the following:
(1) the description of the person from whom consent
was withdrawn, including, if available, the person's name, address,
and phone number; and
(2) a statement of the facts giving rise to the
withdrawal of consent.
Added by Acts 1973, 63rd Leg., p. 85, ch. 51, § 6, eff. Aug. 27,
1973.
§ 51.236. CONFIRMATION OF WITHDRAWAL OF
CONSENT. (a) If the chief administrative officer or, in his
absence, a person designated by him for this purpose, upon
reviewing the written report described in Section 51.235, finds
that there was reasonable cause to believe that the person has
willfully disrupted the orderly operation of the campus or
facility, and that his presence on the campus or facility will
constitute a substantial and material threat to the orderly
operation of the campus or facility, he may enter written
confirmation upon the report of the action taken by the officer or
employee.
(b) If the chief administrative officer, or in his absence,
the person designated by him, does not confirm the action of the
officer or employee within 24 hours after the time that consent was
withdrawn, the action of the officer or employee shall be deemed
void and of no force or effect, except that any arrest made during
the period shall not for this reason be deemed not to have been made
for probable cause.
Added by Acts 1973, 63rd Leg., p. 85, ch. 51, § 6, eff. Aug. 27,
1973.
§ 51.237. REQUEST FOR HEARING. (a) A person from whom
consent has been withdrawn may submit a written request for a
hearing on the withdrawal to the chief administrative officer
within the 14-day period. The written request must state the
address to which notice of hearing is to be sent. The chief
administrative officer shall grant a hearing not later than three
days from the date of receipt of the request and shall immediately
mail a written notice of the time, place, and date of the hearing to
the person.
(b) The hearing shall be held before a duly designated
discipline committee or authorized hearing officer of the
institution in accordance with Section 51.243. In no instance
shall the person issuing the withdrawal notice or causing it to be
issued serve on any committee where the validity of his order of
withdrawal is in question.
Added by Acts 1973, 63rd Leg., p. 85, ch. 51, § 6, eff. Aug. 27,
1973.
§ 51.238. REINSTATEMENT OF CONSENT TO REMAIN ON
CAMPUS. The chief administrative officer shall reinstate consent
whenever he has reason to believe that the presence of the person
from whom consent was withdrawn will not constitute a substantial
and material threat to the orderly operation of the campus or
facility.
Added by Acts 1973, 63rd Leg., p. 86, ch. 51, § 6, eff. Aug. 27,
1973.
§ 51.239. ENTERING OR REMAINING ON CAMPUS AFTER
WITHDRAWAL OF CONSENT. (a) Any person who has been notified by
the chief administrative officer of a campus or facility of a
state-supported institution of higher education, or by an officer
or employee designated by the chief administrative officer to
maintain order on the campus or facility, that consent to remain on
the campus or facility has been withdrawn pursuant to Section
51.233, who has not had consent reinstated, and who willfully and
knowingly enters or remains upon the campus or facility during the
period for which consent has been withdrawn, is guilty of a
misdemeanor, and is subject to punishment as set out in Section
51.244.
(b) This section does not apply to any person who enters or
remains on the campus or facility for the sole purpose of applying
to the chief administrative officer or authorized officer or
employee for the reinstatement of consent or for the sole purpose of
attending a hearing on the withdrawal.
Added by Acts 1973, 63rd Leg., p. 86, ch. 51, § 6, eff. Aug. 27,
1973.
§ 51.240. AUTHORITY TO SUSPEND, DISMISS, OR EXPEL
STUDENTS OR EMPLOYEES NOT AFFECTED. This subchapter does not
affect the power of the duly constituted authorities of a
state-supported institution of higher education to suspend,
dismiss, or expel any student or employee at the university or
college.
Added by Acts 1973, 63rd Leg., p. 86, ch. 51, § 6, eff. Aug. 27,
1973.
§ 51.241. STUDENTS AND EMPLOYEES BARRED FROM CAMPUS
AFTER SUSPENSION OR DISMISSAL. (a) Every student or employee who
has been suspended or dismissed from a state-supported institution
of higher education after a hearing, in accordance with procedures
established by the institution, for disrupting the orderly
operation of the campus or facility of the institution, as a
condition of the suspension or dismissal, may be denied access to
the campus or facility, or both, of the institution for the period
of suspension, and in the case of dismissal, for a period not to
exceed one year.
(b) A person who has been notified by personal service of
the suspension or dismissal and condition and who willfully and
knowingly enters upon the campus or facility of the institution to
which he has been denied access, without the express written
permission of the chief administrative officer of the campus or
facility, is guilty of a misdemeanor and is subject to punishment as
set out in Section 51.244.
(c) Knowledge shall be presumed if personal service has been
given as prescribed in Subsection (b) of this section.
Added by Acts 1973, 63rd Leg., p. 86, ch. 51, § 6, eff. Aug. 27,
1973.
§ 51.242. REFUSING OR FAILING TO LEAVE BUILDING CLOSED
TO PUBLIC. No person may refuse or fail to leave a building under
the control and management of a public agency, including a
state-supported institution of higher education, during those
hours of the day or night when the building is regularly closed to
the public, upon being requested to do so by a guard, watchman, or
other employee of a public agency, including a state-supported
institution of higher education, controlling and managing the
building or property, if the surrounding circumstances are such as
to indicate to a reasonable person that the individual or
individuals have no apparent lawful business to pursue.
Added by Acts 1973, 63rd Leg., p. 87, ch. 51, § 6, eff. Aug. 27,
1973.
§ 51.243. REQUIRED HEARING PROCEDURES. A person from
whom consent to remain on the campus of a state-supported
institution of higher education has been withdrawn in accordance
with Section 51.233 is entitled, in addition to the procedures set
out in Section 51.234, to the following:
(1) to be represented by counsel;
(2) to the right to call and examine witnesses and to
cross-examine adverse witnesses;
(3) to have all matters upon which the decision may be
based introduced into evidence at the hearing in his presence;
(4) to have the decision based solely on the evidence
presented at the hearing;
(5) to prohibit the introduction of statements made
against him unless he has been advised of their content and the
names of the persons who made them, and has been given the
opportunity to rebut unfavorable inferences that might otherwise be
drawn; and
(6) to have all findings made at the hearing be final,
subject only to his right to appeal to the president and the
governing board of the institution.
Added by Acts 1973, 63rd Leg., p. 87, ch. 51, § 6, eff. Aug. 27,
1973.
§ 51.244. PENALTIES. A person who violates Section
51.239, 51.241, or 51.242 of this code is guilty of a misdemeanor
and upon conviction is subject to a fine of not more than $500 or
imprisonment in the county jail for not more than six months, or
both.
Added by Acts 1973, 63rd Leg., p. 87, ch. 51, § 6, eff. Aug. 27,
1973.
SUBCHAPTER F. REQUIRED AND ELECTIVE COURSES
§ 51.301. GOVERNMENT OR POLITICAL SCIENCE. (a) Every
college and university receiving state support or state aid from
public funds shall give a course of instruction in government or
political science which includes consideration of the Constitution
of the United States and the constitutions of the states, with
special emphasis on that of Texas. This course shall have a credit
value of not less than six semester hours or its equivalent. No
college or university receiving state support or state aid from
public funds may grant a baccalaureate degree or a lesser degree or
academic certificate to any person unless he has credit for such a
course. The college or university may determine that a student has
satisfied this requirement in whole or in part on the basis of
credit granted to him by the college or university for a
substantially equivalent course completed at another accredited
college or university or on the basis of the student's successful
completion of an advanced standing examination administered on the
conditions and under the circumstances common for the college or
university's advanced standing examinations. The college or
university may grant as much as three semester hours of credit or
its equivalent toward satisfaction of this requirement for
substantially equivalent work completed by the student in the
program of an approved senior R.O.T.C. unit.
(b) The requirement of Subsection (a) that the required
course must include special emphasis on the Texas Constitution does
not apply to a degree granted on completion of an academic program
offered by a medical and dental unit, as that term is defined by
Section 61.003, to a student who is a member of the armed forces of
the United States, including the reserves or national guard, if:
(1) the program is operated by the medical and dental
unit under contract with the United States Army;
(2) the program requires less than two years of
residency in this state; and
(3) the principal participants in the program are
military personnel stationed outside this state.
Amended by Acts 1995, 74th Leg., ch. 5, § 1, eff. March 23, 1995;
Acts 1995, 74th Leg., ch. 17, § 1, eff. Aug. 28, 1995.
§ 51.302. AMERICAN OR TEXAS HISTORY. No college or
university receiving state support or state aid from public funds
may grant a baccalaureate degree or a lesser degree or academic
certificate to any person unless he has credit for six semester
hours or its equivalent in American History. A student is entitled
to submit as much as three semester hours of credit or its
equivalent in Texas History in partial satisfaction of this
requirement. The college or university may determine that a
student has satisfied this requirement in whole or part on the basis
of credit granted to him by the college or university for a
substantially equivalent course completed at another accredited
college or university, or on the basis of the student's successful
completion of an advanced standing examination administered on the
conditions and under the circumstances common for the college or
university's advanced standing examinations. The college or
university may grant as much as three semester hours of credit or
its equivalent toward satisfaction of this requirement for
substantially equivalent work completed by a student in the program
of an approved senior R.O.T.C. unit.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1995, 74th Leg., ch. 5, § 1, eff. March
23, 1995.
§ 51.303. ELECTIVE COURSES IN DACTYLOLOGY. (a) In
this section, "dactylology" means the art of communicating ideas by
signs made with the fingers, as in the manual alphabets of
deaf-mutes.
(b) Any state college or university offering a fully
accredited program for teachers of the deaf may offer a three-hour
elective course in dactylology.
(c) American Sign Language is recognized as a language, and
any state institute of higher education may offer an elective
course in American Sign Language. A student is entitled to count
credit received for a course in American Sign Language toward
satisfaction of a foreign language requirement of the institution
of higher education where it is offered.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1979, 66th Leg., p. 735, ch. 327, § 2,
eff. Aug. 27, 1979.
§ 51.304. COURSES IN MILITARY AND NAVAL TRAINING. The
governing board of any state-supported institution of higher
education may request the United States Department of Defense to
establish and maintain courses in military and naval training
qualifying men student graduates of the courses for reserve
commission awards as a part of its curriculum. The board may enter
into mutually agreeable contracts for that purpose. The work of the
students enrolling in the courses may be credited toward degree
requirements under regulations prescribed by the board.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971.
§ 51.306. TEXAS ACADEMIC SKILLS PROGRAM. (a) to (q)
Repealed by Acts 2003, 78th Leg., ch. 820, § 58, eff. Sept. 1,
2003.
(r) This section does not apply to:
(1) a student who accumulated three or more
college-level semester credit hours prior to the 1989 fall
semester;
(2) a student located outside this state who enrolls
in a course offered outside this state by an institution of higher
education;
(3) a deaf student;
(4) a student who has graduated with a baccalaureate
degree from an institution of higher education, an accredited
private or independent institution of higher education, or an
accredited out-of-state institution of higher education;
(5) a student enrolled in a certificate program at a
community or technical college of one year or less;
(6) a student who is a citizen of a country other than
the United States and is not seeking a degree;
(7) a student who is serving on active duty as a member
of:
(A) the armed forces of the United States; or
(B) the Texas National Guard;
(8) a student who is currently serving as and, for at
least the three-year period preceding enrollment, has served as a
member of a reserve component of the armed forces of the United
States; or
(9) a student who on or after August 1, 1990, was
honorably discharged, retired, or released from:
(A) active duty as a member of the armed forces of
the United States or the Texas National Guard; or
(B) service as a member of a reserve component of
the armed forces of the United States.
(s) to (y) Repealed by Acts 2003, 78th Leg., ch. 820, §
58, eff. Sept. 1, 2003.
Added by Acts 1987, 70th Leg., ch. 807, § 1, eff. Aug. 31, 1987.
Amended by Acts 1989, 71st Leg., ch. 234, § 1, eff. June 2, 1989;
Acts 1991, 72nd Leg., ch. 283, § 1, eff. Aug. 26, 1991; Acts
1993, 73rd Leg., ch. 273, § 1, eff. May 24, 1993; Acts 1993, 73rd
Leg., ch. 431, § 1, eff. June 6, 1993; Acts 1993, 73rd Leg., ch.
431, § 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 76, §
4.02, 17.01(5), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 362,
§ 1, eff. June 8, 1995; Acts 1995, 74th Leg., ch. 747, § 1, 2,
eff. June 16, 1995; Acts 1995, 74th Leg., ch. 777, § 1, eff. Aug.
28, 1995; Acts 1995, 74th Leg., ch. 804, § 1, eff. June 16, 1995;
Acts 1997, 75th Leg., ch. 165, § 31.01(14) to (17), eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1016, § 2, eff. June 19, 1997;
Acts 1999, 76th Leg., ch. 878, § 1, eff. Aug. 30, 1999; Acts
2001, 77th Leg., ch. 316, § 1, eff. May 24, 2001; Acts 2001, 77th
Leg., ch. 855, § 1, eff. June 14, 2001; Acts 2001, 77th Leg., ch.
1072, § 1, eff. June 15, 2001; Acts 2003, 78th Leg., ch. 71, §
1, eff. May 16, 2003; Acts 2003, 78th Leg., ch. 820, § 58, eff.
Sept. 1, 2003.
§ 51.3062. SUCCESS INITIATIVE. (a) The definitions
provided by Section 61.003 apply to this section.
(b) An institution of higher education shall assess the
academic skills of each entering undergraduate student to determine
the student's readiness to enroll in freshman-level academic
coursework. An institution may not use the assessment or the
results of the assessment as a condition of admission to the
institution.
(c) The board shall designate one or more instruments for
use by institutions of higher education in assessing students under
this section.
(d) If practical and feasible, not later than September 1,
2005, the board shall designate the exit-level assessment
instrument required under Section 39.023 as the primary assessment
instrument under this section. This subsection expires September
1, 2006.
(e) The board shall designate additional assessment
instruments for use by institutions of higher education under this
section, including assessment instruments currently approved by
the board to measure college readiness.
(f) Each assessment instrument designated by the board for
use under this section must be diagnostic in nature and designed to
assess a student's readiness to perform freshman-level academic
coursework. The board shall prescribe standards for the assessment
instrument or instruments that reflect that student readiness. An
institution of higher education may adopt more stringent assessment
standards with respect to student readiness.
(g) Each institution of higher education shall establish a
program to advise students regarding coursework and other means by
which students can develop the academic skills required to
successfully complete college-level work.
(h) If a student fails to meet the assessment standards
described by Subsection (f), the institution of higher education
shall work with the student to develop a plan to assist the student
in becoming ready to perform freshman-level academic coursework.
The plan must be designed on an individual basis to provide the best
opportunity for each student to attain that readiness.
(i) The institution of higher education may refer a student
to developmental coursework as considered necessary by the
institution to address a student's deficiencies in the student's
readiness to perform freshman-level academic coursework, except
that the institution may not require enrollment in developmental
coursework with respect to a student previously determined by any
institution of higher education to have met college-readiness
standards.
(j) A student may retake an assessment instrument at any
time to determine readiness to perform freshman-level academic
coursework.
(k) An institution of higher education shall determine when
a student is ready to perform freshman-level academic coursework.
The institution must make its determination on an individual basis
according to the needs of the student. The determination shall
include:
(1) requiring a student to retake a board-approved
assessment instrument, if the student did not initially perform
within a deviation established by the board; or
(2) other board-approved means of evaluating student
readiness, if the student did not initially pass the assessment
instrument but performed within a deviation established by the
board.
(l) The legislature shall appropriate money for approved
non-degree-credit developmental courses, except that legislative
appropriations may not be used for developmental coursework taken
by a student in excess of:
(1) 18 semester credit hours, for a general academic
teaching institution; and
(2) 27 semester credit hours, for a public junior
college, public technical institute, or public state college.
(m) The board may develop formulas to supplement the funding
of developmental academic programs by institutions of higher
education, including formulas for supplementing the funding of
non-course-based programs. The board may develop a performance
funding formula by which institutions may receive additional
funding for each student who completes the Success Initiative
established under this section and then successfully completes
college coursework. The legislature may appropriate the money
required to provide the additional funding under those formulas.
(n) Each institution of higher education shall report
annually to the board on the success of its students and the
effectiveness of its Success Initiative.
(o) The board shall evaluate the effectiveness of the
Success Initiative on a statewide basis and with respect to each
institution of higher education.
(p) A student who has achieved a score set by the board on
the Scholastic Assessment Test (SAT) or the American College Test
(ACT) is exempt from the requirements of this section. An exemption
under this subsection is effective for the five-year period
following the date a student takes the test and achieves the
standard set by the board.
(q) A student who has achieved a score set by the board on an
exit-level assessment instrument required under Section 39.023 is
exempt from the requirements of this section. The exemption is
effective for the three-year period following the date a student
takes the assessment instrument and achieves the standard set by
the board. This subsection does not apply during any period for
which the board designates the exit-level assessment instrument
required under Section 39.023 as the primary assessment instrument
under this section, except that the three-year period described by
this subsection remains in effect for students who qualify for an
exemption under this section before that period.
(r) This section does not apply to:
(1) a student who has graduated with an associate or
baccalaureate degree from an institution of higher education;
(2) a student who transfers to an institution of
higher education from a private or independent institution of
higher education or an accredited out-of-state institution of
higher education and who has satisfactorily completed
college-level coursework;
(3) a student who is enrolled in a certificate program
of one year or less at a public junior college, a public technical
institute, or a public state college;
(4) a student who is serving on active duty as a member
of:
(A) the armed forces of the United States; or
(B) the Texas National Guard;
(5) a student who is currently serving as and, for at
least the three-year period preceding enrollment, has served as a
member of a reserve component of the armed forces of the United
States; or
(6) a student who on or after August 1, 1990, was
honorably discharged, retired, or released from:
(A) active duty as a member of the armed forces of
the United States or the Texas National Guard; or
(B) service as a member of a reserve component of
the armed forces of the United States.
(s) An institution of higher education may exempt a
non-degree-seeking or non-certificate-seeking student from the
requirements of this section.
Acts 2003, 78th Leg., ch. 820, § 37(b), eff. Sept. 1, 2003.
§ 51.307. RULES. The Texas Higher Education
Coordinating Board shall adopt rules necessary for the
administration of this subchapter.
Added by Acts 1993, 73rd Leg., ch. 273, § 1, eff. May 24, 1993.
Redesignated from § 51.306(n) and amended by Acts 1995, 74th
Leg., ch. 76, § 4.02, eff. Sept. 1, 1995.
§ 51.308. DRIVER EDUCATION. A driver education course
for the purpose of preparing students to obtain a driver's license
may be offered by an institution of higher education, as defined by
Section 61.003, with the approval of the Central Education Agency.
Added by Acts 1995, 74th Leg., ch. 1009, § 2, eff. Sept. 1, 1995.
Renumbered from V.T.C.A., Education Code § 51.307 by Acts 1997,
75th Leg., ch. 165, § 31.01(19), eff. Sept. 1, 1997.
§ 51.309. PAIN TREATMENT MEDICAL EDUCATION COURSE
WORK. (a) Each medical school shall determine the extent to which
pain treatment medical education course work is meeting the
instructional elements described in Subsection (b) and is offered
to all students enrolled in medical schools.
(b) Pain treatment medical education course work should
include instruction in:
(1) pain assessment in adults, children, and special
populations, including elderly and impaired individuals;
(2) pain anatomy, physiology and pathophysiology, and
pharmacology of opioid and nonopioid analgesic drugs, including
pharmacokinetics and pharmacodynamics;
(3) the advantages and disadvantages of various
methods of drug administration, side effects, treatment outcome,
and the outcome of behavioral and other psychological therapy for
pain;
(4) the psychological, social, economic, and
emotional impact of malignant and nonmalignant acute and chronic
pain on patients;
(5) indications for and outcomes of anesthetic and
neurosurgical pain-relieving techniques, including nerve blocks
and neuroaugmentative and neuroablative techniques; and
(6) the outcome of treatment of pain emanating from a
damaged nervous system and neuropathic pain.
Added by Acts 1995, 74th Leg., ch. 174, § 3, eff. Sept. 1, 1995.
Renumbered from V.T.C.A., Education Code § 61.785 by Acts 2001,
ch. 1420, § 4.012, eff. Sept. 1, 2001.
SUBCHAPTER G. RESPONSIBILITIES OF GOVERNING BOARDS, SYSTEM
ADMINISTRATIONS, AND INSTITUTIONS
§ 51.351. DEFINITIONS. In this subchapter:
(1) "General academic teaching institution,"
"governing board," "institution of higher education," "public
junior college," and "university system" have the meanings assigned
by Section 61.003 of this code.
(2) "System administration" means the administrative
officers and employees of a university system who are assigned
responsibility in relation to administration of two or more
component institutions and are under the supervision of the
chancellor or other chief executive officer of the university
system.
Added by Acts 1987, 70th Leg., ch. 823, § 1.09, eff. June 20,
1987. Amended by Acts 1991, 72nd Leg., ch. 526, § 1, eff. Sept.
1, 1991.
§ 51.352. RESPONSIBILITY OF GOVERNING BOARDS. (a) It
is the policy of this state that the governing boards of
institutions of higher education, being composed of lay members,
shall exercise the traditional and time-honored role for such
boards as their role has evolved in the United States and shall
constitute the keystone of the governance structure. In this
regard each governing board:
(1) is expected to preserve institutional
independence and to defend its right to manage its own affairs
through its chosen administrators and employees;
(2) shall enhance the public image of each institution
under its governance;
(3) shall interpret the community to the campus and
interpret the campus to the community;
(4) shall nurture each institution under its
governance to the end that each institution achieves its full
potential within its role and mission; and
(5) shall insist on clarity of focus and mission of
each institution under its governance.
(b) The governing board of an institution of higher
education shall provide the policy direction for each institution
of higher education under its management and control.
(c) In making or confirming appointments to a governing
board, the governor and senate shall ensure that the appointee has
the background and experience suitable for performing the statutory
responsibility of a member of the governing board.
(d) In addition to powers and duties specifically granted by
this code or other law, each governing board shall:
(1) establish, for each institution under its control
and management, goals consistent with the role and mission of the
institution;
(2) appoint the chancellor or other chief executive
officer of the system, if the board governs a university system;
(3) appoint the president or other chief executive
officer of each institution under the board's control and
management and evaluate the chief executive officer of each
component institution and assist the officer in the achievement of
performance goals;
(4) set campus admission standards consistent with the
role and mission of the institution and considering the admission
standards of similar institutions nationwide having a similar role
and mission, as determined by the coordinating board; and
(5) ensure that its formal position on matters of
importance to the institutions under its governance is made clear
to the coordinating board when such matters are under consideration
by the coordinating board.
(e) Each member of a governing board has the legal
responsibilities of a fiduciary in the management of funds under
the control of institutions subject to the board's control and
management.
(f) The governing board of each general academic teaching
institution and each public junior college within a 100-mile radius
of that institution shall adopt a policy to enhance the transfer of
students based on the recommendations of the permanent advisory
committee under Section 51.3521 of this code.
Added by Acts 1987, 70th Leg., ch. 823, § 1.09, eff. June 20,
1987. Amended by Acts 1991, 72nd Leg., ch. 526, § 2, eff. Sept.
1, 1991.
§ 51.3521. PERMANENT ADVISORY
COMMITTEES. (a) Permanent advisory committees are established.
(b) Each committee consists of the president, or the
president's designee, of each general academic teaching
institution and of each public junior college within a 100-mile
radius of a general academic teaching institution.
(c) Each committee shall biennially elect a presiding
officer.
(d) Each committee may elect other officers.
(e) Each committee shall adopt rules to govern the time and
place of meetings and the transaction of business.
(f) Each committee shall:
(1) periodically study regional higher education
needs in this state; and
(2) make recommendations to the governing boards of
each general academic teaching institution and each public junior
college represented regarding degree programs, core curricula, and
joint faculty appointments to enhance the transfer of students and
the coordinated working relationships between those institutions.
Added by Acts 1991, 72nd Leg., ch. 526, § 3, eff. Sept. 1, 1991.
§ 51.353. RESPONSIBILITY OF SYSTEM
ADMINISTRATION. (a) The system administration of each system
shall coordinate the activities of component institutions within
the system.
(b) In addition to other powers and duties provided by this
code or other law, each system administration shall:
(1) initiate, monitor, approve, and coordinate
long-range planning for the system;
(2) approve short-range institutional plans for
operations and expenditures;
(3) provide to component institutions technical
assistance such as legal and financial services;
(4) evaluate each component institution and assist the
institution in the achievement of performance goals; and
(5) perform such other duties as may be delegated to it
by the governing board of its system.
Added by Acts 1987, 70th Leg., ch. 823, § 1.09, eff. June 20,
1987.
§ 51.354. INSTITUTIONAL RESPONSIBILITY. In addition to
specific responsibilities imposed by this code or other law, each
institution of higher education has the general responsibility to
serve the public and, within the institution's role and mission,
to:
(1) transmit culture through general education;
(2) extend knowledge;
(3) teach and train students for professions;
(4) provide for scientific, engineering, medical, and
other academic research;
(5) protect intellectual exploration and academic
freedom;
(6) strive for intellectual excellence;
(7) provide educational opportunity for all who can
benefit from postsecondary education and training; and
(8) provide continuing education opportunities.
Added by Acts 1987, 70th Leg., ch. 823, § 1.09, eff. June 20,
1987.
SUBCHAPTER H. GUIDELINES FOR ACADEMIC REPORTS
§ 51.401. PURPOSE. It is the intent of the legislature
that all public higher education institutions of this state shall
manage their institutions and institutional resources to achieve
maximum effectiveness and to provide the greatest attainable
educational benefit from the expenditure of public funds.
Added by Acts 1977, 65th Leg., p. 1478, ch. 601, § 1, eff. Aug.
29, 1977.
§ 51.402. REPORT OF INSTITUTIONAL AND ACADEMIC
DUTIES. (a) The Coordinating Board, Texas College and University
System, in cooperation with governing boards, institutional
officials, and faculty representatives of general academic
institutions of higher education, shall develop and recommend
general policies and standard reports for academic faculty
workloads and services.
(b) The governing board of each institution of higher
education in the state shall adopt rules and regulations concerning
faculty academic workloads. In adopting rules under this
subsection, each institution shall recognize that classroom
teaching, basic and applied research, and professional development
are important elements of faculty academic workloads by giving
appropriate weight to each activity when determining the standards
for faculty academic workload. An institution may give the same or
different weight to each activity and to other activities
recognized by the institution as important elements of faculty
academic workloads. The established rules and regulations of each
institution shall be reported to the coordinating board and
included in the operating budgets of each institution.
(c) Within 30 days of the end of each academic year, the
institution shall file with its governing board a report, by
department, of the academic duties and services performed by each
member o
