Judgment of Compliance

Narrative

Sam Houston State University is governed by The Texas State University System’s Board of Regents appointed by the Governor of Texas with the consent of the Senate. Therefore, dismissal of board members is addressed in the Texas Constitution.

Sam Houston State University is a member of The Texas State University System as specified in the Texas Statues Education Code, Chapter 96.61: “Sam Houston State University is a coeducational institution of higher education located in the city of Huntsville. It is under the management and control of the Board of Regents, Texas State University System” [1]. The Board of Regents of The Texas State University System or governing board is a legal body appointed by the Governor of Texas with the advice and consent of the Texas Senate. This is stipulated in the Texas Statues Education Code, Chapter 95.02, which states “the board is composed of nine members appointed by the governor with the advice and consent of the senate” [2]. This statement is reinforced by The Texas State University System Rules and Regulations, Chapter I, Section 3: “The Board of Regents of The Texas State University System is composed of nine members appointed by the Governor with the advice and consent of the State Senate” [3]. Even though the Board of Regents for The Texas State University System does not have a policy in the policies and procedures manual, The Texas State University System Rules and Regulations, addressing the dismissal of a board member, the subject is addressed in The Texas Constitution, Article 15, Section 9 when it states, “ (a) In addition to the other procedures provided by law for removal of public officers, the governor who appoints an officer may remove the officer with the advice and consent of two-thirds of the members of the senate present; (b) If the legislature is not in session when the governor desires to remove an officer, the governor shall call a special session of the senate for consideration of the proposed removal” [4]. Since The Texas Constitution supersedes any policy written in The Texas State University System Rules and Regulations, it is not necessary for this issue to be explicitly addressed in The Texas State University System policies.

The Texas Constitution specifies that it would take the Governor of Texas and two-thirds of the members of the senate present to remove a board member, therefore, making certain the reasons for dismissal are appropriate and a fair process is in place since it provides, in essence, for “a jury of one's peers.”

Supporting Documentation