2007 Reaffirmation Teams :: 3.2.5 - 2007 Reaffirmation Teams

2007 Reaffirmation Teams

3.2.5 - 2007 Reaffirmation Teams

The governing board has a policy whereby members can be dismissed only for appropriate reasons and by a fair process.

Compliance Judgment

Compliance

Narrative

Although The University of Texas System (UT System) does not have an explicit policy that covers the dismissal of members of the Board of Regents, the members of the Board are protected by state law from being dismissed without appropriate reasons and by an unfair process. Section 65.11 of the Texas Education Code (TEC) states that members of the Board of Regents are “appointed by the governor with the advice and consent of the senate [1].” This authority is based upon Article 16 of the Texas Constitution [2]. As appointees of the governor, the members of the Board serve as state officers and are subject to the laws that regulate state officers. Dismissal of state officers requires impeachment proceedings which include due process protections and can only take place for cause. The impeachment proceedings, which specifically include “a member, regent, trustee or commissioner having control of a state institution,” are outlined in Section 665.002 of the Texas Government Code (TGC) [3]. The House of Representatives must first prefer articles of impeachment against the member of the Board, and then the Senate may impeach the member of the Board through a two-thirds majority vote. These procedures are based upon Article 15, section 9, of the Texas Constitution [4]. The governor can remove an officer that the governor previously appointed, but only if two-thirds of the Texas Senate approves the removal. A special session of the Senate for up to two days may be called by the governor for this purpose.

Supporting Documents

Footnote Document
[1]Texas Education Code 65.11 Board of Regents
PDF Document, 1 Page, 10.06 KB (bylaw1057)
[2]Texas Constitution Article 16 General Provisions Section 30a Members of Boards; Terms of Office
PDF Document, 1 Page, 10.16 KB (law1006)
[3]Texas Government Code Chapter 665 Impeachment and Removal
PDF Document, 8 Pages, 26.45 KB (bylaw1045)
[4]Texas Constitution Article 15 Impeachment Section 9 Removal by Governor
PDF Document, 1 Page, 9.86 KB (law1005)
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