US Laws, Codes, Statutes & Cases

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:
		(1)  net tuition, special course fees charged under 
Sections 54.051(e) and (l), lab fees, student teaching fees, 
organized activity fees, proceeds from the sale of educational and 
general equipment, and indirect cost recovery fees;  and
		(2)  hospital and clinic fees received by a state-owned 
clinical care facility that is operated using general revenue fund 
appropriations for patient care.

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;  
Acts 2005, 79th Leg., ch. 1181, § 1, eff. Sept. 1, 2005.

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.


	§ 51.3041. AWARD OF COURSE CREDIT FOR MILITARY 
TRAINING.  (a) In this section, "institution of higher education" 
has the meaning assigned by Section 61.003.
	(b)  An institution of higher education shall consider, in 
determining whether to award to a student course credit toward a 
degree offered by the institution for the student's completion of 
certain military training:
		(1)  any official military record presented to the 
institution by the student that:
			(A)  describes the substance of the training 
completed by the student;  and
			(B)  verifies the student's successful completion 
of that training;  and   
		(2)  whether the substance of that training satisfies 
the purpose of the course for which the student seeks credit as 
described in the institution's course catalog.
	(c)  This section applies to a student who has completed 
certain military training and is admitted to the institution, 
including a student who is readmitted under Section 51.9242 .

Added by Acts 2005, 79th Leg., ch. 549, § 1, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 907, § 1, eff. June 18, 2005.


	§ 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, 
77th Leg., 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," "medical and 
dental unit," "public junior college," and "university system" have 
the meanings assigned by Section 61.003.
		(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;  Acts 2005, 79th Leg., ch. 292, § 1, eff. June 17, 2005; 
Acts 2005, 79th Leg., ch. 1181, § 2, eff. Sept. 1, 2005.


	§ 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.      


	§ 51.355. PUBLIC TESTIMONY AT CERTAIN MEETINGS OF 
GOVERNING BOARDS OF GENERAL ACADEMIC TEACHING INSTITUTIONS.  

Text of section as added by Acts 2005, 79th Leg., ch. 303, § 1
	(a)  In this section, "general academic teaching 
institution" has the meaning assigned by Section 61.003.
	(b)  The governing board of each general academic teaching 
institution or of a university system that includes one or more 
component general academic teaching institutions shall adopt a 
policy that allows the public to present, for a reasonable amount of 
time and for any item on the agenda, both written and oral testimony 
at a regular meeting of the board.
	(c)  The governing board shall consider the public testimony 
presented to the board on an issue before making a decision on the 
issue.

Added by Acts 2005, 79th Leg., ch. 303, § 1, eff. June 17, 2005.           

For text of section as added by Acts 2005, 79th Leg., ch. 292, § 2 
and Acts 2005, 79th Leg., ch. 1181, § 3, see § 51.355, post.


	§ 51.355. NONVOTING STUDENT REGENT;  UNIVERSITY SYSTEM 
BOARD OF REGENTS.  

Text of section as added by Acts 2005, 79th Leg., ch. 292, § 2 and 
Acts 2005, 79th Leg., ch. 1181, § 3
	(a)  In this section, "student government" means the 
representative student organization directly elected by the 
student body of a general academic teaching institution or medical 
and dental unit.
	(b)  The chancellor of each university system shall develop a 
uniform application form to be used by each general academic 
teaching institution and medical and dental unit in the university 
system to solicit applicants for the position of student regent.
	(c)  Except as provided by Subsection (f), not later than 
September 1 of each year, the student government of each general 
academic teaching institution and medical and dental unit in a 
university system shall solicit applicants for the position of 
student regent.  Not later than November 1, from among the 
applications received by the student government, the student 
government shall select five applicants as the student government's 
recommendations for the position of student regent and send the 
applications of those applicants, with the name of each applicant 
and the name of the institution or unit in which the applicant is 
enrolled removed, to the chancellor of the university system.  From 
among those applicants, the chancellor shall select two or more 
applicants as the university system's recommendations for the 
position of student regent and shall send the applications of those 
applicants to the governor not later than December 1.  The governor 
may request to review all applications for the position of student 
regent received by the student governments and may request to 
review information required to be removed from an application by a 
student government under this subsection.  On February 1, or as soon 
thereafter as practicable, the governor shall appoint one of the 
applicants to serve as the student regent for the system for a 
one-year term expiring on the next February 1.  The governor is not 
required to appoint an applicant recommended by the chancellor.
	(d)  A student regent must be enrolled as an undergraduate or 
graduate student in a general academic teaching institution or 
medical and dental unit in the university system at the time of 
appointment and throughout the student regent's term.  For purposes 
of this subsection, a person is considered to be enrolled in an 
institution or unit for a summer term if the person was enrolled in 
the institution or unit for the preceding semester and:
		(1)  is registered or preregistered at the institution 
or unit for the following fall semester;
		(2)  if the person has not completed the person's degree 
program, is eligible to continue the degree program at the 
institution or unit in the following fall semester;  or
		(3)  if the person completed a degree program in the 
preceding semester, is admitted to another degree program at the 
institution or unit for the following fall semester.
	(e)  A student regent is not a member of the board of regents 
of the system for which the student regent is appointed.  A student 
regent has the same powers and duties as the members of the board of 
regents of the system, including the right to attend and 
participate in meetings of the board of regents, except that the 
student regent:
		(1)  may not vote on any matter before the board or make 
or second any motion before the board;  and
		(2)  is not counted in determining whether a quorum 
exists for a meeting of the board or in determining the outcome of 
any vote of the board.
	(f)  The student government of the general academic teaching 
institution or medical and dental unit at which a current student 
regent was enrolled at the time of the student regent's appointment 
may not solicit applicants for the position of student regent for 
the next regular term of the position.
	(g)  A vacancy in the position of student regent for a 
university system shall be filled for the unexpired term by 
appointment by the governor in consultation with the chancellor of 
the system.

Added by Acts 2005, 79th Leg., ch. 292, § 2, eff. June 17, 2005;  
Acts 2005, 79th Leg., ch. 1181, § 3, eff. Sept. 1, 2005.

For text of section as added by Acts 2005, 79th Leg., ch. 303, § 
1, see § 51.355, ante.


	§ 51.356. NONVOTING STUDENT REGENT;  INSTITUTION BOARD OF 
REGENTS.  (a) This section applies only to a general academic 
teaching institution that is not a part of a university system.
	(b)  In this section, "student government" means the 
representative student organization directly elected by the 
student body of a general academic teaching institution.
	(c)  The president of a general academic teaching 
institution shall develop a uniform application form to be used to 
solicit applicants for the position of student regent.
	(d)  Not later than September 1 of each year, the student 
government of the general academic teaching institution shall 
solicit applicants for the position of student regent.  Not later 
than November 1, from among the applications received by the 
student government, the student government shall select five 
applicants as the student government's recommendations for the 
position of student regent and send the applications of those 
applicants, with the name of each applicant removed, to the 
president of the institution.  From among those applicants, the 
president shall select two or more applicants as the institution's 
recommendations for the position of student regent and shall send 
the applications of those applicants to the governor not later than 
December 1.  The governor may request to review all applications for 
the position of student regent received by the student government 
and may request to review information required to be removed from an 
application by the student government under this subsection.  On 
February 1, or as soon thereafter as practicable, the governor 
shall appoint one of the applicants to serve as the student regent 
for the institution for a one-year term expiring on the next 
February 1.  The governor is not required to appoint an applicant 
recommended by the president.
	(e)  A student regent must be enrolled as an undergraduate or 
graduate student in the general academic teaching institution at 
the time of appointment and throughout the student regent's term.  
For purposes of this subsection, a person is considered to be 
enrolled in an institution for a summer term if the person was 
enrolled in the institution for the preceding semester and:
		(1)  is registered or preregistered at the institution 
for the following fall semester;
		(2)  if the person has not completed the person's degree 
program, is eligible to continue the degree program at the 
institution in the following fall semester;  or
		(3)  if the person completed a degree program in the 
preceding semester, is admitted to another degree program at the 
institution for the following fall semester.
	(f)  A student regent is not a member of the board of regents 
of the institution for which the student regent is appointed.  A 
student regent has the same powers and duties as the members of the 
board of regents of the institution, including the right to attend 
and participate in meetings of the board of regents, except that the 
student regent:
		(1)  may not vote on any matter before the board or make 
or second any motion before the board;  and
		(2)  is not counted in determining whether a quorum 
exists for a meeting of the board or in determining the outcome of 
any vote of the board.
	(g)  A vacancy in the position of student regent for an 
institution shall be filled for the unexpired term by appointment 
by the governor in consultation with the president of the 
institution.

Added by Acts 2005, 79th Leg., ch. 292, § 2, eff. June 17, 2005;  
Acts 2005, 79th Leg., ch. 1181, § 3, eff. Sept. 1, 2005.

SUBCHAPTER H. GUIDELINES FOR ACADEMIC AND OTHER REPORTS BY 
INSTITUTIONS OF HIGHER EDUCATION


	§ 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 of the faculty during the nine-month academic year, showing 
evidence of compliance with requirements established by the 
governing board.  The report of academic duties and services 
performed by each member of the faculty shall indicate all 
appointments held by the faculty member in the employing 
institution, the salary paid to each appointment, the percent of 
time of each appointment, and the source of funds from which salary 
payments were made.  Teaching responsibilities in each workload 
standard shall be in proportion to the portion of salary paid from 
funds appropriated for instructional purposes.
	(d)  The institutional head of each higher education 
institution shall designate the officer of his staff who will 
monitor workloads, prepare and review appropriate workload 
reports, and submit the reports to the institutional head for his 
certification or approval and comments as may be appropriate.

Added by Acts 1977, 65th Leg., p. 1478, ch. 601, § 1, eff. Aug. 
29, 1977.  Amended by Acts 1987, 70th Leg., ch. 845, § 1, eff. 
Aug. 31, 1987.


	§ 51.403. REPORTS OF STUDENT ENROLLMENT AND ACADEMIC 
PERFORMANCE.  (a) All higher education institutions of this state 
shall offer only such courses and teach such classes as are 
economically justified in the considered judgment of the 
appropriate governing board.
	(b)  After the end of each spring semester the chief 
executive officer of each institution shall provide its governing 
board a report for the preceding fall and spring semesters 
indicating for each instructor the number of students enrolled in 
each class, the number of semester-credit hours accrued to each 
course, the course number and title, the department in which the 
course is offered, and the identity and academic rank of the 
instructor.
	(c)  A report prepared under Subsection (b) of this section 
must compare student enrollments in each class on the last day of 
each semester with enrollments at the beginning of that semester.
	(d)  Each institution shall file with its governing board and 
the coordinating board a small class report, excluding individual 
instruction courses, indicating department, course number, title 
of course, and the name of the instructor.  "Small classes," for the 
purpose of this report, are undergraduate-level courses with less 
than 10 registrations, and graduate-level courses with less than 5 
registrations.  No small classes shall be offered in any 
institution except as authorized by the appropriate governing 
board, within the guidelines established by the Coordinating Board.
	(e)  Under guidelines established by the Coordinating Board, 
Texas College and University System, and the State Board of 
Education, postsecondary institutions shall report student 
performance during the first year enrolled after graduation from 
high school to the high school or junior college last attended.  
This report shall include, but not be limited to, appropriate 
student test scores, a description of developmental courses 
required, and the student's grade point average.  Appropriate 
safeguards for student privacy shall be included in the rules for 
implementation of this subsection.

Added by Acts 1977, 65th Leg., p. 1478, ch. 601, § 1, eff. Aug. 
29, 1977.  Amended by Acts 1979, 66th Leg., p. 1100, ch. 516, § 1, 
eff. Aug. 27, 1979;  Acts 1985, 69th Leg., ch. 726, § 1, eff. 
Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 665, § 2, eff. Aug. 31, 
1987.


	§ 51.4031. REPORTS OF AFFORDABILITY AND ACCESS.  (a) Not 
later than November 1 of each year, the chief executive officer of 
each institution of higher education, as defined by Section 61.003, 
shall provide to the governing board of the institution a report for 
the preceding fall, spring, and summer semesters that examines the 
affordability and access of the institution.
	(b)  The report must include:                                                  
		(1)  statistical information on the percentage of gross 
family income required for a student who is a resident of this state 
to pay tuition and required fees charged by the institution;
		(2)  the criteria used by the institution to admit 
students to the institution;
		(3)  an analysis of the criteria used to admit students 
and to award financial assistance to students, considering the 
mission of the institution and the purposes of higher education in 
this state;
		(4)  an analysis of the manner in which the factors 
described by Subdivisions (1)-(3) relate to:
			(A)  the regions of this state in which students 
reside;                   
			(B)  the race or ethnicity of students;                                      
			(C)  the gender of students;  and                                            
			(D)  the level of education achieved by the 
parents of students;  and      
		(5)  comparisons of the institution with peer 
institutions in this state and in other states with respect to 
affordability and access.
	(c)  For purposes of the report, a student who applies for 
admission to or enrolls in an institution and applies for financial 
aid from the institution may be required to provide documentation 
necessary for the institution to complete the report.
	(d)  An institution's report must be in the form prescribed 
by the Texas Higher Education Coordinating Board in consultation 
with the institution.

Added by Acts 2003, 78th Leg., ch. 1321, § 6, eff. Sept. 1, 2003.          


	§ 51.4032. ANNUAL REPORT OF PARTICIPATION IN HIGHER 
EDUCATION.            

Text of section as added by Acts 2005, 79th Leg., ch. 694, § 2
	Not later than July 31 of each year and in the form prescribed 
by the coordinating board, each general academic teaching 
institution and medical and dental unit as defined in Section 
61.003 shall provide to the Texas Higher Education Coordinating 
Board a report describing the composition of the institution's 
entering class of students.  The report must include a demographic 
breakdown of the class, including a breakdown by race, ethnicity, 
and economic status.  A report submitted by a general academic 
teaching institution or medical and dental unit as defined in 
Section 61.003 must include separate demographic breakdowns of the 
students admitted under Sections 51.803, 51.804, and 51.805.

Added by Acts 2005, 79th Leg., ch. 694, § 2, eff. June 17, 2005.           

For text of section as added by Acts 2005, 79th Leg., ch. 1230, § 
1, see § 51.4032, post.


	§ 51.4032. REPORT OF EFFORTS CONCERNING TIMELY 
GRADUATION.                

Text of section as added by Acts 2005, 79th Leg., ch. 1230, § 1
	(a)  Not later than November 1 of each year, the president of 
each general academic teaching institution, as defined by Section 
61.003, shall provide to the governing board of the institution a 
report for the preceding academic year that examines the 
institution's efforts concerning timely graduation of its 
undergraduate students.
	(b)  The report must:                                                          
		(1)  state, for each undergraduate degree program, the 
average number of semester credit hours attempted and the average 
number of fall and sprin