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Appendix A-1

 

EDUCATION CODE CHAPTER 95, SUBTITLE E

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. Board vested with authority over system.

 

 

§ 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. Board terms expire February 1 of odd-numbered years.

 

 

§ 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.

Regular Meetings: Required.

Special Meetings: Either chair or board majority may call.

 

 

§ 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. Board members receive per diem plus expenses.

 

 

§ 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.

Quorum is five members.

Majority of those present acts for the board.

 

 

§ 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. Chancellor Duties: oversight and coordination, recommendation of policies.

 

 

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. Board granted. Plenary authority over system institutions, including rule-making power.

 

 

§ 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. By committee or as a whole, Board must visit each university annually.

 

 

§ 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. Each institution has a local committee that must meet annually with campus officials.

 

 

§ 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. Board determines conditions of admissions and graduation.

 

 

§ 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. Graduates “authorized” to teach in public schools. Probably obsolete in view of state certification.

 

 

§ 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. Board must submit annual report to governor, including recommendations.

 

 

§ 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.

Board disburses all legislative appropriations and may create structure to accomplish this.

COMMENT: § 95.29 Suggests that central, fiscal and legislative functions were intended.

 

 

§ 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. Board must account biennially to legislature as to financial operations and make recommendations.

 

 

§ 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. Board has power of eminent domain in order to fulfill a public purpose.

 

 

§ 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. Board may acquire land by any lawful means, including condemnation, i.e., by eminent domain.

 

 

§ 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. Board has broad powers to erect and pay for dormitories and to require students to live in them.

 

 

§ 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.

Board alone owns, manages and controls system property.

Can sell land at fair market value.

May grant grazing leases not to exceed 10 years.

 

 

§ 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. Board may accept and manage gifts, grants, and endowments.

 

 

§ 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.

Board has plenary authority to lease land, including oil, gas, and other mineral interests.

Texas GLO approval not required but Board instructed not to sell for less than GLO rate.

Monies to be deposited into special, earmarked funds in state treasury.

Board has broad discretion in expending non-earmarked funds.

 

 

§ 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. Lawsuits to collect delinquent loans are filed in Travis County.

 

 

SUBCHAPTER A. SUL ROSS STATE UNIVERSITY

 

 

 

§ 96.01. SUL ROSS STATE UNIVERSITY. Sul Ross State University is a coeducational institution of higher education located in the city of Alpine, with an upper-level educational center known as Sul Ross State University Rio Grande College operated in the cities of Del Rio, Eagle Pass, and Uvalde. The university is under the management and control of the Board of Regents, Texas State University System. Acts 1971, 62nd Leg., p. 3222, 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 1995, 74th Leg., ch. 118, § 2, eff. May 17, 1995.

Sul Ross State University and Rio Grande College (RGC) are created.

 

 

§ 96.02. REFERENCE TO UVALDE STUDY CENTER. A reference in law to the Uvalde Study Center of Sul Ross State University means Sul Ross State University Rio Grande College. Added by Acts 1995, 74th Leg., ch. 118, § 3, eff. May 17, 1995.

Probably obsolete provision, clarifying that Uvalde Study Center and RGC are the same entity.

 

 

SUBCHAPTER B. – VACANT SUBCHAPTER

SUBCHAPTER C. TEXAS STATE UNIVERSITY

 

 

 

§ 96.41. TEXAS STATE UNIVERSITY. Texas State University is a coeducational institution of higher education located in the city of San Marcos. It is under the management and control of the Board of Regents, Texas State University System. Acts 1971, 62nd Leg., p. 3223, 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 2003, 78th Leg., ch. 386, § 2, eff. Sept. 1, 2003; Acts 2013, 83rd Leg., R.S., Ch. 30 (S.B. 974), Sec. 2, eff. Sept. 1, 2013.

TXST is created.

 

 

SUBCHAPTER D. SAM HOUSTON STATE UNIVERSITY

 

 

 

§ 96.61. SAM HOUSTON STATE UNIVERSITY. Sam Houston State University is a coeducational institution of higher education located in the city of Huntsville. It is under the management and control of the Board of Regents, Texas State University System. Acts 1971, 62nd Leg., p. 3223, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971. Amended by Acts 1975, 64th Leg., p. 1160, ch. 434, § 3, eff. June 19, 1975.

SHSU is created.

 

 

§ 96.62. UNIVERSITY AIRPORT. (a) The board may construct or otherwise acquire without cost to the state or the university an airport for purposes of cooperation with the national defense program and for instruction in aeronautics. (b) The board may acquire by purchase, lease, gift, or by any other means, and may maintain, use, and operate any and all property of any kind, real, personal, or mixed, or any interest in property, necessary or convenient to the exercise of the powers conferred by this section. The board has the power of eminent domain for the purpose of acquiring by condemnation any real property, or any interest in real property, necessary or convenient to the exercise of the powers conferred by this section. The board shall exercise the power of eminent domain in the manner provided by general law, including Title 52, Revised Civil Statutes of Texas, 1925, except that it shall not be required to give bond for appeal or bond for costs. Acts 1971, 62nd Leg., p. 3223, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.

Board may acquire or construct an airport if at no cost to the state.

Airport to be used for national defense programs and for aeronautics instruction.

 

 

§ 96.63. JOSEY SCHOOL OF VOCATIONAL EDUCATION. (a) The Josey School of Vocational Education is a division of Sam Houston State University and is under the direction and control of the Board of Regents, State Senior Colleges. (b) The administration of the school is under the direction of the president of Sam Houston State University. (c) The school shall provide vocational training for individuals over the age of 18 who cannot qualify scholastically for college entrance and for other persons who desire to avail themselves of short intensive courses in vocational education in the following fields: agriculture, home management, distributive education, photography, plumbing, sheet metal work, machine shop, auto mechanics, furniture, electrical appliances, air conditioning and refrigeration, printing, radio, garment making, interior decorating, light construction contracting, photoengraving, watchmaking, and other trades of like nature. The training in these subjects shall be organized so that the courses may be completed in from 9 to 24 months. Courses may also be offered in English and mathematics and other subjects which will contribute to the vocational training of the student. Vocational courses in government, designed to prepare workers in various county, city, and state offices, may also be offered. (d) The rate of tuition charged students shall be the actual cost of teaching service, not to exceed $500 per scholastic year of nine months. Scholarships may be awarded by the board to worthy indigent students who might greatly benefit from the training offered. The amount of the scholarships may vary according to the needs of the individuals, but in no case may it reduce the tuition payment by the student to a point less than the tuition fee regularly charged students at the state senior colleges. Acts 1971, 62nd Leg., p. 3224, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.

Creates a junior college at SHSU to provide vocational training to persons age 18 who do not qualify scholastically for college.

 

96.64. BILL BLACKWOOD LAW ENFORCEMENT MANAGEMENT INSTITUTE OF TEXAS. (a) The Bill Blackwood Law Enforcement Management Institute of Texas is created for the training of police management personnel. The headquarters of the institute are at Sam Houston State University. The institute is under the supervision and direction of the president of Sam Houston State University and shall be operated and managed as a joint program between Sam Houston State University, Texas A&M University, and Texas Woman's University. (b) The president may establish rules relating to the institute. (c) The president shall establish reasonable charges for participation in institute training programs by participants who are not residents of this state. The participation costs of participants who are residents, including tuition, books, room, board, and travel costs, shall be paid from the Bill Blackwood Law Enforcement Management Institute of Texas fund. Participation in the institute training programs is open to every eligible resident of this state, whether or not the person is sponsored by an employing law enforcement agency. (d) The Bill Blackwood Law Enforcement Management Institute of Texas fund is in the state treasury. The president shall use the fund in administering the institute. (e) The board of regents of the Texas State University System may acquire, purchase, construct, improve, renovate, enlarge, or equip property, buildings, structures, facilities, roads, or related infrastructure for the institute to be financed by the issuance of bonds in accordance with Subchapter B, Chapter 55. The board of regents may pledge irrevocably to the payment of those bonds a portion of the proceeds of the Bill Blackwood Law Enforcement Management Institute of Texas fund. The amount of a pledge made under this subsection may not be reduced or abrogated while the bonds for which the pledge is made, or bonds issued to refund those bonds, are outstanding. Added by Acts 1989, 71st Leg., ch. 4, § 2.39(a), eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 19, § 1, eff. April 11, 1991; Acts 1991, 72nd Leg., ch. 561, § 26, eff. Aug. 26, 1991. Renumbered from V.T.C.A. Government Code, § 415.091 to 415.099 and amended by Acts 1993, 73rd Leg., ch. 1047, § 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 876, § 1.02, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 895, § 2, eff. Sept. 1, 1997.

Blackwood Law Enforcement Management Institute headquartered and under the supervision and direction of the president.

Institute is joint with Texas A&M and Texas Woman's University.

Institute fund is kept in state treasury.

 

§ 96.641. INITIAL TRAINING AND CONTINUING EDUCATION FOR POLICE CHIEFS. (a) The Bill Blackwood Law Enforcement Management Institute of Texas shall establish and offer a program of initial training and a program of continuing education for police chiefs. The curriculum for each program must relate to law enforcement management issues. The institute shall develop the curriculum for the programs. The curriculum must be approved by the Commission on Law Enforcement Officer Standards and Education. (b) Each police chief must receive at least 40 hours of continuing education provided by the institute under this section each 24-month period. (c) An individual appointed or elected to that individual's first position as chief must receive not fewer than 80 hours of initial training for new chiefs in accordance with Subsections (d) and (e). (d) A newly appointed or elected police chief shall complete the initial training program for new chiefs not later than the second anniversary of that individual's appointment or election as chief. The initial training program for new chiefs is in addition to the initial training and continuing education required by Chapter 415, Government Code. The first 24-month period begins under Subsection (b) for an individual who completes the initial training program for new chiefs on the first anniversary of the date the individual completed the initial training program. (e) The institute by rule may provide for the waiver of: (1) the requirement of all or part of the 80 hours of initial training for new chiefs to the extent the new chief has satisfactorily completed equivalent training in the 24 months preceding the individual's appointment or election; or (2) the continuing education requirements of Subsection (b) for an individual who has satisfactorily completed equivalent continuing education in the preceding 24 months (f) An individual who is subject to the continuing education requirements of Subsection (b) is exempt from other continuing education requirements under Subchapter H, Chapter 1701, Occupations Code. (g) In this section, "police chief" or "chief" means the head of a police department. (h) The chief of a municipal police department must be licensed as a peace officer by the commission no later than one year after the date that the chief is appointed to the position of police chief. The commission shall establish requirements for licensing and for revocation, suspension, cancellation, or denial of peace officer license for a police chief. (i) A police chief who does not comply with this section cannot continue to be the chief. (j) As part of the initial training and continuing education for police chiefs required under this section, the institute shall establish a program on asset forfeiture under Chapter 59, Code of Criminal Procedure. The program must include an examination of the best practices for educating peace officers about asset forfeiture and monitoring peace officers' compliance with laws relating to asset forfeiture. (k) As part of the initial training and continuing education for police chiefs required under this section, the institute shall establish a program on racial profiling. The program must include an examination of the best practices for: (1) monitoring peace officers' compliance with laws and internal agency policies relating to racial profiling; (2) implementing laws and internal agency policies relating to preventing racial profiling; and (3) analyzing and reporting collected information. Added by Acts 1997, 75th Leg., ch. 770, § 1, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 929, § 4, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 947, § 3, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, § 14.740, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1275, § 2(47), eff. Sept. 1, 2003.

Institute provides training and continuing education for police chiefs.

State requirements for continuing education for police chiefs are detailed.

 

96.65. CRIME VICTIMS' INSTITUTE. (a) In this section: (1) "Close relative of a deceased victim" has the meaning assigned by Article 56.01, Code of Criminal Procedure. (2) "Guardian of a victim" has the meaning assigned by Article 56.01, Code of Criminal Procedure. (3) "Institute" means the Crime Victims' Institute. (4) "Victim" has the meaning assigned by Article 56.01, Code of Criminal Procedure. (b) It is the intent of the legislature to create an institute to: (1) compile and study information concerning the impact of crime on: (A) victims; (B) close relatives of deceased victims; (C) guardians of victims; and (D) society; (2) use information compiled by the institute to evaluate the effectiveness of criminal justice policy and juvenile justice policy in preventing the victimization of society by crime; (3) develop policies to assist the criminal justice system and the juvenile justice system in preventing the victimization of society by crime; and (4) provide information related to the studies of the institute. (c) The headquarters of the institute are at Sam Houston State University in Huntsville, Texas. The institute is under the supervision and direction of the president of Sam Houston State University. d) The institute shall: (1) conduct an in-depth analysis of the impact of crime on: (A) victims; (B) close relatives of deceased victims; (C) guardians of victims; and (D) society; (2) evaluate the effectiveness of and deficiencies in the criminal justice system and the juvenile justice system in addressing the needs of victims, close relatives of deceased victims, and guardians of victims and recommend strategies to address the deficiencies of each system; (3) determine the long-range needs of victims, close relatives of deceased victims, and guardians of victims as the needs relate to the criminal justice system and the juvenile justice system and recommend changes for each system; (4) assess the cost-effectiveness of existing policies and programs in the criminal justice system and the juvenile justice system relating to victims, close relatives of deceased victims, and guardians of victims; (5) make general recommendations for improving the service delivery systems for victims in the State of Texas; (6) advise and assist the legislature in developing plans, programs, and legislation for improving the effectiveness of the criminal justice system and juvenile justice system in addressing the needs of victims, close relatives of deceased victims, and guardians of victims; (7) make computations of daily costs and compare interagency costs on victims' services provided by agencies that are a part of the criminal justice system and the juvenile justice system; (8) determine the costs to attorneys representing the state of performing statutory and constitutional duties relating to victims, close relatives of deceased victims, or guardians of victims; (9) make statistical computations for use in planning for the long-range needs of the criminal justice system and the juvenile justice system as those needs relate to victims, close relatives of deceased victims, and guardians of victims; (10) determine the long-range information needs of the criminal justice system and the juvenile justice system as those needs relate to victims, close relatives of deceased victims, and guardians of victims; (11) enter into a memorandum of understanding with the Texas Crime Victim Clearinghouse to provide training and education related to the outcome of research and duties as conducted under Subdivisions (1)-(10); (12) issue periodic reports to the attorney general and the legislature on the progress toward accomplishing the duties of the institute; and (13) engage in other research activities consistent with the duties of the institute. (e) The institute shall cooperate with the Criminal Justice Policy Council in performing the duties of the institute. (f) The institute may enter into memoranda of understanding with state agencies in performing the duties of the institute. (g) Local law enforcement agencies shall cooperate with the institute by providing to the institute access to information that is necessary for the performance of the duties of the institute. (h) The president of Sam Houston State University may employ personnel as necessary to perform the duties of the institute. (i) The institute may contract with public or private entities in the performance of the duties of the institute. (j) The institute may accept gifts, grants, donations, or matching funds from a public or private source for the performance of the duties of the institute. The legislature may appropriate money to the institute to finance the performance of the duties of the institute. Money and appropriations received by the institute under this subsection shall be deposited as provided by Section 96.652. Added by Acts 1995, 74th Leg., ch. 485, § 1, eff. Sept. 1, 1995. Redesignated and amended from V.T.C.A., Government Code § 412.001, 412.002, 412.011 to 412.016 by Acts 2003, 78th Leg., ch. 927, § 1, eff. Sept. 1, 2003.

Creates Crime Victims' Institute to study effects of crime on victims, their families and society and to assist the state criminal justice system in formulating policy in this area.

 

 

§ 96.651. CRIME VICTIMS' INSTITUTE ADVISORY COUNCIL. (a) In this section: (1) "Advisory council" means the Crime Victims' Institute Advisory Council. (2) "Victim" has the meaning assigned by Article 56.01, Code of Criminal Procedure. (b) The Crime Victims' Institute Advisory Council is created as an advisory council to the Crime Victims' Institute. (c) The advisory council is composed of the attorney general and the following individuals, each of whom is appointed by the governor: (1) a victim; (2) a member of the house of representatives; (3) a member of the senate; (4) a county judge or district judge whose primary responsibility is to preside over criminal cases; (5) a district attorney, criminal district attorney, county attorney who prosecutes felony offenses, or county attorney who prosecutes mostly criminal cases; (6) a law enforcement officer; (7) a crime victims' assistance coordinator; (8) a crime victims' liaison; (9) a mental health professional with substantial experience in the care and treatment of victims; (10) a person with broad knowledge of sexual assault issues; (11) a person with broad knowledge of domestic violence issues; (12) a person with broad knowledge of child abuse issues; (13) a person with broad knowledge of issues relating to the intoxication offenses described by Chapter 49, Penal Code; (14) a person with broad knowledge of homicide issues; (15) a person with broad knowledge of research methods; and (16) a designee of the governor. (d) The advisory council shall select a presiding officer from among the council members and other officers that the council considers necessary. (e) The advisory council shall meet at the call of the presiding officer. (f) Appointed members of the advisory council serve for staggered two-year terms, with the terms of eight of the members expiring on January 31 of each even-numbered year and the terms of eight members expiring on January 31 of each odd-numbered year. (g) Service on the advisory council by a public officer or employee is an additional duty of the office or employment. (h) A member of the advisory council serves without compensation for service on the council but may be reimbursed for actual and necessary expenses incurred while performing council duties. (i) The advisory council may establish advisory task forces or committees that the council considers necessary to accomplish the purposes of this section and Sections 96.65 and 96.652. (j) The advisory council shall advise the Crime Victims' Institute on issues relating directly to the duties of the institute as set forth under Section 96.65(d). Added by Acts 1995, 74th Leg., ch. 485, § 1, eff. Sept. 1, 1995. Redesignated and amended from V.T.C.A., Government Code § 412.051 to 412.057 by Acts 2003, 78th Leg., ch. 927, § 1, eff. Sept. 1, 2003.

Creates an advisory panel to the Crimes Victims' Institute.

 

 

§ 96.652. CRIME VICTIMS' INSTITUTE ACCOUNT; AUDIT; REPORT. (a) The Crime Victims' Institute account is an account in the general revenue fund. (b) The Crime Victims' Institute may use funds from the Crime Victims' Institute account to carry out the purposes of this section and Sections 96.65 and 96.651. (c) The comptroller shall deposit the funds received under Section 96.65 to the credit of the Crime Victims' Institute account. (d) Funds spent are subject to audit by the state auditor. (e) The Crime Victims' Institute shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report accounting for all funds received and disbursed by the institute during the preceding year. The form of the annual report and the reporting time shall be as provided by the General Appropriations Act. The Crime Victims' Institute shall determine the format and contents of the report and may have copies of the report printed for distribution as the institute considers appropriate. Added by Acts 1995, 74th Leg., ch. 485, § 1, eff. Sept. 1, 1995. Redesignated and amended from V.T.C.A., Government Code § 412.081, 412.082 by Acts 2003, 78th Leg., ch. 927, § 1, eff. Sept. 1, 2003.

Institute account is in the general revenue fund.

Institute must report on and account for funds annually to the governor and legislature.

 

 

SUBCHAPTER E. LAMAR UNIVERSITY AND RELATED INSTITUTIONS

 

 

 

§ 96.701. LAMAR UNIVERSITY. Lamar University is a coeducational institution of higher education located in the city of Beaumont. The university is under the management and control of the board of regents, Texas State University System. Added by Acts 1995, 74th Leg., ch. 1061, § 7, eff. Sept. 1, 1995.

LU is created.

 

§ 96.702. SPINDLETOP MEMORIAL MUSEUM. The board may create the Spindletop Memorial Museum at Lamar University and may administer the museum as the board considers appropriate. Added by Acts 1995, 74th Leg., ch. 1061, § 7, eff. Sept. 1, 1995.

Board may create museum on campus.

 

§ 96.703. LAMAR INSTITUTE OF TECHNOLOGY. (a) The board shall establish and maintain an educational center of Lamar University as a separate degree-granting institution to be known as Lamar Institute of Technology. (b) The primary purpose of the institute is to teach technical and vocational courses and related supporting courses. The board may confer degrees appropriate to the institute's curriculum. (c) For Lamar Institute of Technology, the board may expend funds allocated to Lamar University under Chapter 62 for any of the purposes listed in Section 17, Article VII, Texas Constitution, in the same manner and under the same circumstances as expenditures for those purposes for other separate degree-granting institutions. Added by Acts 1995, 74th Leg., ch. 1061, § 7, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 767, § 1, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 1212, § 2, eff. June 15, 2001.

LIT created as an educational center of LU but is degree granting and focused on technical and vocational instruction.

Board may use some of LU's Higher Education Assistance Fund for LIT.

 

§ 96.704. LAMAR STATE COLLEGE--PORT ARTHUR AND LAMAR STATE COLLEGE--ORANGE. (a) The board shall establish and maintain coeducational lower-division institutions of higher education as separate accredited degree-granting institutions in the counties of Jefferson and Orange, to be known as Lamar State College-- Port Arthur and Lamar State College-- Orange, to teach only freshman- and sophomore-level courses. (b) The board may acquire, construct, or otherwise make provision for adequate physical facilities for use by Lamar State College-- Port Arthur and Lamar State College-- Orange and may accept and administer, on terms and conditions satisfactory to the board, grants or gifts of money or property tendered by any reason for the use and benefit of the school. (c) The board with approval of the Texas Higher Education Coordinating Board may prescribe courses leading to customary degrees. The board may make other rules and regulations for the operation, control, and management of Lamar State College-- Port Arthur and Lamar State College-- Orange as are necessary for each institution to be a first-class institution for freshman and sophomore students. (d) Nothing in this section shall be construed to limit the powers of the board as conferred by law. (e) For Lamar State College-- Port Arthur and Lamar State College-- Orange, the board may expend funds allocated to Lamar University under Chapter 62 for any of the purposes listed in Section 17, Article VII, Texas Constitution, in the same manner and under the same circumstances as expenditures for those purposes for other separate degree-granting institutions. (f) A reference in state law to Lamar University at Port Arthur means Lamar State College--Port Arthur. A reference in state law to Lamar University at Orange means Lamar State College--Orange. Added by Acts 1995, 74th Leg., ch. 1061, § 7, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 767, § 2, eff. June 18, 1999.

LSC-PA and LSC-O created as lower division schools, separate and independent from LU.

Board has authority to construct facilities and curriculum.

Board may use some of LU's Higher Education Assistance Fund for LSC-O and LSCPA.

 

§ 96.705. APPLICATION OF OTHER LAW. All other provisions of law, including provisions for student fees, applicable to institutions of the Texas State University System apply to Lamar University and its educational centers. Added by Acts 1995, 74th Leg., ch. 1061, § 7, eff. Sept. 1, 1995.

Lamar institutions subject to all laws affecting TSUS.

 

§ 96.706. HAZARDOUS WASTE RESEARCH CENTER. (a) The Hazardous Waste Research Center is established at Lamar University at Beaumont. The center is under the authority of the board of regents of the Texas State University System. The center may employ such personnel as are necessary. (b) The center shall carry out a program of research, evaluation, testing, development, and demonstration of alternative or innovative technologies that may be used in minimization, destruction, or handling of hazardous wastes to achieve better protection of human health and the environment. (c) The center shall provide coordination of the activities of a consortium of Texas universities initially consisting of the Texas Engineering Experiment Station of The Texas A&M University System, the University of Houston, The University of Texas at Austin, and Lamar University at Beaumont, and other entities that may become affiliated. (d) The center shall develop and maintain a database relevant to the programs of the center. (e) The programs of the center may include: (1) primary and secondary research; (2) collection, analysis, and dissemination of information; (3) the development of public policy recommendations; (4) training related to the handling and management of hazardous waste; (5) evaluation of technologies for the treatment and disposal of hazardous wastes; (6) demonstration projects and pilot studies of processing, storage, and destruction technologies; and (7) other services consistent with the purposes of the program. (f) In carrying out its established programs, the center may enter into agreements with: (1) the members of the Texas Consortium; (2) other universities in Texas, Louisiana, Mississippi, Alabama, Florida, and other states; (3) private research organizations; and (4) industry. (g) A policy board is created to determine the policies for program research, evaluation, testing, development, demonstration, intellectual property rights, and peer review. The policy board consists of each member of the consortium. The governing board of each institution of higher education belonging to the consortium shall appoint an individual to serve as a member of the policy board. (h) The institutions of higher education that are members of the policy board shall appoint an advisory council to develop recommendations on the priorities for research and to serve as a resource group on the projects. Each institution shall appoint two members from private industry and two other members to serve for terms to be set by the policy board. (i) The center shall seek grant and contract support from federal and other sources to the extent possible and accept gifts and donations to support its purposes and programs. (j) The center may receive state-appropriated funds as considered appropriate by the legislature. (k) Disbursement of funds received by the center on behalf of the consortium shall be on an equitable basis and in accordance with policy determined by the policy board subject to laws of the state and policies of member institutions. Disbursement policy shall recognize the need for core program support at each consortium institution, matching requirements for federal grants and contracts, general administration, and new initiatives. Disbursement of funds received in response to specific proposals shall be in accordance with those proposals. Added by Acts 1995, 74th Leg., ch. 1061, § 7, eff. Sept. 1, 1995.

Center for research and study of hazardous waste is created at LU.

Center coordinates activities of consortium of Texas universities, including UTAustin, A&M and UH.

Each participating university's board of regents appoints a delegate to the center's policy board.

Each policy board member, in turn, appoints four members (two from private industry) to serve as the member's delegates on the board.

 

§ 96.707. TEXAS ACADEMY OF LEADERSHIP IN THE HUMANITIES. (a) The Texas Academy of Leadership in the Humanities is established as a two-year program at Lamar University at Beaumont for secondary school students selected under this section. The academy is under the management and control of the board of regents of the Texas State University System. (b) The goals of the academy are to: (1) provide gifted and talented secondary school students with accelerated academic experiences to ensure success as undergraduates with advanced standing; (2) encourage those students to develop their full leadership potential and their ethical decision-making capabilities; (3) provide those students with academic and social role models and mentors to motivate them to pursue academic excellence and self-direction; (4) provide a model setting for the training of teachers in the educational materials and methods appropriate for gifted learners; (5) encourage the cooperation of business leaders and Lamar University staff to provide practical settings and experiences for those students through independent study, shadowing, and mentorship; (6) establish a setting to support necessary research to determine the academy's effectiveness and to disseminate results of that research; and (7) promote the active involvement of parents in all educational programs of the academy. (c) To be eligible for admission to the academy, a student must: (1) complete and file with the board, on a form prescribed by the board, an application for admission and a written essay on a topic selected by the board; (2) have successfully completed 10th grade in school; (3) be nominated by a teacher, school administrator, parent, community leader, or another secondary school student; (4) submit to the board two written recommendations from teachers; (5) have a composite score on an assessment test that is equal to or greater than the equivalent of 1,000 on the Scholastic Aptitude Test; (6) have a language score on an assessment test that is equal to or greater than the equivalent of 550 on the Scholastic Aptitude Test; and (7) have complied with any other requirements adopted by the board under this subchapter. (d) The board shall recruit minority secondary school students to apply for admission to the academy. (e) The board shall select for admission to the academy eligible students based on additional testing required by the board and on a personal interview by a selection committee appointed by the board. If the board selects an eligible student for admission to the academy, the board shall send written notice to the student and the student's school district. (f) The board shall establish a tuition and fee scholarship for each student who enrolls in the academy. A student who enrolls in the academy is responsible for room, board, and book costs and must live in a residence determined by board rule. (g) The academy courses are taught by the faculty members of Lamar University. The board may employ additional staff for the academy. (h) The board shall provide each student enrolled in the academy with a mentor who is a faculty member at Lamar University to assist the student in completing the student's course of study in the academy. (i) A student of the academy may attend a college course offered by Lamar University and receive college credit for that course. (j) The board may accept gifts and grants from a public or private source for the academy. (k) For each student enrolled in the academy, the academy is entitled to allotments from the Foundation School Program under Chapter 42 as if the academy were a school district, except that the academy has a local share applied that is equivalent to the local fund assignment of the Beaumont Independent School District. Added by Acts 1995, 74th Leg., ch. 1061, § 7, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1071, § 25, eff. Sept. 1, 1997.

A two-year accelerated program for gifted high school juniors and seniors is created on campus; upon completion, these students will have earned two years of college credit.