Updating injunctions

25-Apr-2020 04:26 by 7 Comments

Updating injunctions

A person is not eligible for appointment as a member of the board if the person or the person's spouse:(1) is employed by or participates in the management of a business entity or other organization regulated by the board or receiving funds from the board;(2) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the board or receiving funds from the board; or(3) uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.(b) A person may not be a member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U. (a) A member of the board must be a representative of the general public. Section 201 et seq.), and its subsequent amendments, if:(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of higher education; or(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of higher education.(c) A person may not be a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.(d) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

Members of the board serve staggered six-year terms. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. (a) It is a ground for removal from the board that a member:(1) does not have at the time of taking office the qualifications required by Section 61.0222(a);(2) does not maintain during service on the board the qualifications required by Section 61.0222(a);(3) is ineligible for membership under Section 61.022 or 61.0222;(4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or(5) is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.(b) The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.(c) If the commissioner of higher education has knowledge that a potential ground for removal exists, the commissioner shall notify the presiding officer of the board of the potential ground. (a) The board shall consist of nine members appointed by the governor so as to provide representation from all areas of the state with the advice and consent of the senate, and as the constitution provides. (a) In making or confirming appointments to the coordinating 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 coordinating board.(b) Appointments to the board shall be made without regard to the race, color, handicap, sex, religion, age, or national origin of the appointees. TEXAS HIGHER EDUCATION COORDINATING BOARDSUBCHAPTER A.

This chapter may be cited as the Higher Education Coordinating Act of 1965.

The governor shall designate a chairman and vice chairman of the board.

Members of the board shall serve without pay but shall be reimbursed for their actual expenses incurred in attending meetings of the board or in attending to other work of the board when that other work is approved by the chairman of the board.

RESTRICTIONS ON BOARD APPOINTMENT, MEMBERSHIP, AND EMPLOYMENT.

If the potential ground for removal involves the presiding officer, the commissioner shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.

(a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.(b) The training program must provide the person with information regarding:(1) the legislation that created the board;(2) the programs operated by the board;(3) the role and functions of the board;(4) the rules of the board, with an emphasis on the rules that relate to disciplinary and investigatory authority;(5) the current budget for the board;(6) the results of the most recent formal audit of the board;(7) the requirements of:(A) the open meetings law, Chapter 551, Government Code;(B) the public information law, Chapter 552, Government Code;(C) the administrative procedure law, Chapter 2001, Government Code; and(D) other laws relating to public officials, including conflict-of-interest laws; and(8) any applicable ethics policies adopted by the board or the Texas Ethics Commission.(c) A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.