§ 51.352 — RESPONSIBILITY OF GOVERNING BOARDS.

Texas § 51.352

• Jurisdiction: Texas
• Code ED: Education Code

Text

Sec. 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) approve or deny the hiring of an individual for the position of provost or deputy, associate, or assistant provost by each institution under the board's control and management;
(5) collaborate with institutions under its control and management to 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
(6) 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.
(g) The governing board of an institution of higher education may overturn any hiring decision for the position of vice president or dean made by the administration of a campus under the board's control and management. Action by the governing board under this subsection shall be implemented by the institution through appropriate action with respect to the relevant hiring decision at issue, including rescission of an employment offer, termination of employment, or termination of an employment agreement.
(h) The governing board of each institution of higher education shall annually submit to the governor, the lieutenant governor, the speaker of the house of representatives, and each member of the legislature a report regarding decisions made by the governing board for the applicable academic year on any hiring of administration in which the board approved or denied the hiring decision or took action under Subsection (g).

Legislative History

Added by Acts 1987, 70th Leg., ch. 823, Sec. 1.09, eff. June 20, 1987. Amended by Acts 1991, 72nd Leg., ch. 526, Sec. 2, eff. Sept. 1, 1991. Amended by: Acts 2025, 89th Leg., R.S., Ch. 1128 (S.B. 37 ), Sec. 2.01, eff. September 1, 2025.