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CHAPTER III

1. ITEMS REQUIRING BOARD APPROVAL

The following items shall be submitted to the Board of Regents for approval at either a regular Board meeting or a special called Board meeting. Each item shall be presented in the form of a motion to the Board for consideration. Inconclusive, open-ended, or multifarious motions shall not be submitted to the Board.

1.1 Contracts

1.11    Contracts, purchases, and agreements in the amount of $1 million or more (contracts, purchases, and agreements between $500,000 and $1 million require approval by the Chancellor), whether said amount is income or expenditure, with the exception of:

(1) Private, governmental, and foundation grants or agreements in which the donor or agency stipulates the purpose for which the funds are to be expended.

(2) Materials purchased for resale in auxiliary operations and in central supply.

(3) Materials purchased for normal inventory stock for the physical plant operation.

(4) Maintenance, testing, and service contracts on elevators, computers, office equipment, campus utility systems, and life safety systems.

(5) Library subscription services.

(6) Recurring printing orders.

(7) Contracts with outside organizations for continuing education or professional programs that use campus facilities.

(8) Diesel fuel purchased for the operation of a co-generation plant.

(9) Purchased utilities, including water and waste hauling, but excluding electricity and natural gas, which are subject to approval by the Chancellor.

(10) Contracts involving planning, design, renovation, or construction of buildings and other physical facilities.

(11) Indefinite quantity services contracts as described in Subparagraph 1.19 of this Chapter.

(12) “Special Employment Contracts” as described in Paragraph 1.13 of Chapter V.

(13) Renewal or extension of software and network service and maintenance contracts previously approved by the Board.

(14) Consortia purchasing or interagency agreements through the Texas Connection Consortium (TCC) for Student Information System (SIS) licensing and maintenance.

1.12    Financial institution depository contracts, which shall be put out for bid, in accordance with state law, no less frequently than every six (6) years, through the Office of the Vice Chancellor and Chief Financial Officer.

1.13  Food services contracts.

1.14   Vending machine contracts over $1 million.

1.15   Contracts and agreements with support or development foundations.

1.16   Contracts for operation of bookstores on campus.

1.17   Contracts for lease of Component golf course and related services.

1.18   Leases of personal property, including equipment, for one year or more, involving expected aggregate payments exceeding $1 million. Payments between $500,000 and $1 million must be approved by the Chancellor.

1.19   Indefinite quantity services contracts—including but not limited to job order construction contracts, contracts for architectural and/or engineering services, and consulting contracts—with the exception of contracts which expressly provide for a maximum total compensation not exceeding $1 million, including any renewals. The Chancellor is delegated authority to approve indefinite quantity services contracts that exceed $1 million but are not greater than $2 million, including any renewals. For job order construction contracts, the limits of authority delegated in this subparagraph shall be $2 million to the Presidents and $4 million to the Chancellor, including any renewals. Notwithstanding these limits, no individual project with a total project cost in excess of $1 million may be executed under presidential authority. The Chancellor may further delegate his authority to appropriate System Administration staff and/or to a Component President.

1.20   Amendments, Modifications, Renewals or Extensions. Amendments, modifications, renewals or extensions of contracts and agreements previously approved by the Board must be submitted to the Board. Such items shall undergo the same System Administration review as the original contracts and agreements. This subparagraph shall not apply to options to renew or extend  for specified term(s) that were part of a contract or agreement approved by the Board.

1.2 Personnel.

1.21   Employment of administrative officers, faculty, and non-classified employees.

1.22   Termination of administrative officers, faculty, and non-classified employees (including resignations, retirements, and discharges).

1.23   Changes of position status of administrative officers, faculty, and non-classified employees.

1.24   Changes in tenure status.

1.25   Dual employment of administrative officers, faculty, and nonclassified employees.

1.26   Intra-system Contracts. Agreements between or among system Components or between a Component and employee(s) of a sister institution shall be first approved by the appropriate Vice Chancellor upon review and approval of the Vice Chancellor and General Counsel.

1.3 Financial Matters.

1.31   Operating budgets (including Component employee salaries). Adjustments to the annual operation budgets shall be provided to the Board of Regents as an “informational item” on a semi-annual basis.

1.33   Salary supplements.

1.33   Proposals for issuance of bonds.

1.34   Capital leasing projects.

1.4 Charges, Fees and Rates.

No course fee shall be presented for the Board’s consideration unless the Vice Chancellor and Chief Financial Officer has first approved such fee as both reasonable and necessary.

1.41   Registration fees.

1.42  Student services fees.

1.43   Medical services fee.

1.44   Student center fees.

1.45   Student transportation fees.

1.46   Room and board rates.

1.47   Special course fees.

1.48   Diploma, certificate, auditing, and extension and correspondence instruction fees.

1.49   Board authorized tuition.

1.4(10)   Designated tuition.

1.4(11)   International fee.

1.4(12)   Computer related charges, including but not limited to computer or technology service, computer access and computer use.

1.4(13)   Concurrently Enrolled Students. Upon prior written approval of the Chancellor, upon the recommendation of the Vice Chancellor and Chief Financial Officer, System Component Institutions are authorized to waive all or part of the tuition and fees charged by the institution for a student enrolled in a course for which the student is entitled to receive, simultaneously, both:

(1) Course credit toward the student's high school academic requirements; and,

(2) Course credit toward a degree offered by the institution.

1.5 Construction Matters.

1.51   Prior to submission to the Board for consideration and approval, the following items must be first submitted to and approved by the Vice Chancellor and Chief Financial Officer in consultation with the Chancellor:

(1) Component Comprehensive Facilities Master Plan and any amendments thereto.

(2) A Capital Improvements Program (CIP) encompassing the next six years of construction projects needed to preserve, enhance, and add to facilities assets in line with the approved Master Plan. A Component may amend its CIP at any time with Board approval. It is anticipated that the Board will review and approve a revised six-year CIP prior to the beginning of each Fiscal year.

1.52   Public Art Program. Believing that a university or college campus should be a pleasant and aesthetic environment that inspires reflection and learning, the Board of Regents directs that one percent of the construction budget of each new major construction project, as defined by the Chancellor, be allocated for the acquisition of works of public art.

1.521   “Public art,” as used in this Paragraph, refers to any visual, pictorial, graphic or sculptural work of art that is commissioned or purchased for purposes of public display.

1.522   Guidelines for Acquisition. The Chancellor may promulgate guidelines or policies (for the acquisition of public art) that address the following:

(1) The work’s provenance, i.e., is it well known and can its authenticity or genuineness be clearly established;

(2) Whether the vendor or owner can establish clear legal ownership, title, and copyright to the work, as well as his or her right to sell it;

(3) Whether the artist, living or dead, has achieved recognition or renown through an exhibition history or a provenance of being in public or private collections or museums;

(4) The work’s exhibition history or published references, if any;

(5) If the artist is not well known, whether the work has aesthetic value or historical significance;

(6) The contribution an individual work of art can be expected to make to the Component’s educational mission, as well as to its existing collection of public art;

(7) The Component’s ability to assure the proper long-term care of the individual work of public art, including security, conservation, and maintenance;

(8) Whether the work is appropriate to the proposed location or building;

(9) Such other factors as he or she judges to be appropriate.

1.523   Location of the Art. These works of public art shall be located at or near the site of the construction project or the funds may be aggregated, as described in subparagraph 1.5243.

1.524   Aggregation of Funds. Insofar as permissible under the law and applicable to the source of funds, the funds may be aggregated and expended pursuant to the comprehensive art and aesthetic improvement plan, as approved by the Chancellor.

1.525   Separate Budgets. The budgets for such works of public art shall be separate from and in addition to the aesthetic features incorporated into the building itself.

1.526   Selection Process. Prior to any such purchase of public art, a Component shall identify to the Chancellor the name, position, title and qualifications of any and all individual(s) responsible for its selection as well as document that selection process in writing.

1.53   Landscape Enhancement Program. One percent of the construction cost limitation at the design development phase of each new major construction project, except grounds and landscaping projects, will be allocated to the enhancement of exterior landscape, hardscape, and waterscape features, unless an exception is granted by the Board. These enhancements shall be located either at or near the site of the construction project or, insofar as is permissible under the law and applicable to the source of funds, aggregated and expended pursuant to a comprehensive art and aesthetic improvement plan, as approved by the Vice Chancellor and Chief Financial Officer, the Chancellor, and Board.

1.54   Appeal. Any Component may appeal the requirement to allocate project funds to the Public Art Program and/or Landscape Enhancement Program. Any such appeal shall be decided by the Vice Chancellor and Chief Financial Officer, with right of further appeal to the Chancellor, and then to the Board.

1.55   New Major Construction Project. The term “new major construction project” for purposes of this Rule shall mean any new building or addition to an existing building with a total project cost of $1 million or more. The term “new major construction project” does not include projects that consist solely of improvements to campus infrastructure, athletic fields and stadiums, greenhouses, parking facilities, chill plants, utility plants, and offices and facilities located off-campus. The final decision as to whether a specific project is a “new major construction project” that triggers the requirements of this Rule shall be made by the Chancellor or his or her designee.

1.56   All agreements for construction, design and associated services for capital projects with a total project cost of $1 million or more shall utilize standard forms promulgated by the Vice Chancellor and Chief Financial Officer.

1.6 The Texas State University System Policies and Procedures Manual for Planning and Construction

shall include a comprehensive set of policies and procedures governing the conduct and administration of the systemwide planning, design and construction program. These policies and procedures shall require compliance with all governing Federal and State laws and regulations and shall list all the current building codes that designs will be required to follow. The Board may direct changes to the Chancellor’s published policies and procedures at its discretion.

1.7 Each construction project in excess of $4 million shall require specific Board approval at each of the following stages:

1.71   Provision for the project on the Master Plan;

1.72   Inclusion of the project on the CIP;

1.73   At the completion of the Design Development phase (prior to submission of the project to the Texas Higher Education Coordinating Board, when required under Coordinating Board Rules), and prior to starting construction of the project.

1.8 The Board Delegates

The Board delegates to the Chancellor authority to enter into contracts for the design and construction of capital projects with a total project cost under $4 million and to promulgate policies, and otherwise conduct any and all activities necessary to make each project ready for approval by the Board at the stages listed above. The Chancellor may further delegate his authority to appropriate System Administration staff and/or to the Component Presidents.

1.81   The Chancellor shall be delegated the responsibility and authority to approve and sign contracts for the design and construction of any capital project with a total project cost of $1 million or more, provided that the project is included in the CIP approved by the Board.

1.82   The President of each Component shall be delegated the responsibility and authority to enter into contracts for the design and construction of any capital project with a total project cost of less than $1 million.

1.83   Notwithstanding the limits stated in 1.81, the President is delegated the authority to enter into contracts for the purchase of furniture, fixtures and equipment for capital projects approved by the Board, to the extent such items are included in the project budget presented to and approved by the Board.

1.9 Project Completion Report

As soon as practicable after the time each project previously approved by the Board is completed, the Vice Chancellor and Chief Financial Officer shall submit a comprehensive Project Completion Report to the Board.

1.(10)   Curriculum Matters.

1.(10)1   Twelfth and fourth class day reports.

1.(10)2   Course additions, deletions, and changes.

1.(10)3   Degree program additions, deletions, and changes.

1.(10)4   Academic department additions, deletions, and changes.

1.(10)5   Out-of-state course offerings.

1.(11)   Admission Requirements/Standards. Student admissions standards, entrance requirements, and degree qualifications as determined, prescribed and recommended by each Component as specified in Chapter VI, Paragraph 2 of these Rules and Regulations.

1.(12)   Gift Acceptance.

1.(12)1   Gifts of real property regardless of value.

1.(12)2   Other gifts which exceed $10,000 in value except cash and securities. When necessary to comply with donor desires, and when recommended by the President of the Component and approved by the Chairman of the Local Committee of the Board, such gifts may be accepted prior to the next Board meeting, but will be reported to the Board at its next regular meeting.

1.(12)3   The President of each Component will report all gifts with a value of at least $5,000 (including cash, personal property, and intellectual property) to the Chancellor for reporting publicly to the Board. Upon written request of the donor, the Board report and minutes shall not state the donor’s name and/or the gift’s value.

1.(13)   Real Property.

1.(13)1   Purchases, Exchanges, Leases, Sales or Easements. The Board retains authority to approve all purchases, exchanges, leases, or sales of real property, or the granting of easements on, Components’ real property, except for ground leases of five (5) years or less and delegations stated in Paragraph 1.(13)2.

1.(13)2   Delegation of Authority re Real Property. The Chancellor is delegated authority to approve a purchase, exchange, lease, or sale of, or easement on, real property valued up to $3,000,000; provided the Vice Chancellor and General Counsel has approved the operative documents as to legal form. The President of each Component is delegated authority to purchase, exchange, lease or sell real property valued up to $500,000; provided the Vice Chancellor and General Counsel has approved the operative documents as to legal form.

1.(14)   Naming of Buildings. See Paragraph 9 of this Chapter.

1.(15)   Proposed Legislation. Proposed legislation on behalf of the System or its Components, unless, during a legislative session, the Chancellor, after consultation with the Board Chair, determines that the best interests of the System or its Component(s) require pursuit of legislative action.

1.(16)   Attorney General Requests. Requests for Attorney General Opinions pertaining to Component or System operations must be requested by the Board Chairman, unless, in the Chancellor’s judgment, the best interests of the System or of a Component require immediate action. In such a case, the Chancellor shall notify the Board Chairman prior to, or as soon as practicable after filing the request, and share the same with the full Board. A Component President is authorized to request a Public Information Act 5 (PIA) opinion when such opinion relates exclusively to the President's Component. The Chancellor is authorized to request a PIA opinion when such opinion relates to the System Administration or to two or more Components. All PIA opinion requests shall be submitted through the Vice Chancellor and General Counsel, who shall designate a System Public Information Act Coordinator to work with Component Public Information Act Coordinators to manage submission of such requests.

1.(17)   Holiday Schedules. Holiday schedules deviating from those established by the Legislature.6

1.(18)   Athletics.

1.(18)1   The addition or reduction of university supported athletic teams.

1.(18)2   Changes in athletic association classification.


5Government Code, Chapter 552.
6 Government Code, Chapter 662.