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