Judgment of Compliance

Narrative

Sam Houston State University is a member of The Texas State University System (TSUS). As clearly defined by the Texas Statutes Education Code and The Texas State University System Rules and Regulations, the TSUS Board of Regents have legal authority and operating control of the University, including governance over the institution’s mission, fiscal stability, institutional policies, and related foundations.

As specified in the Texas Statutes 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 legal authority and operating control of The Texas State University System Board of Regents is also specified in the Texas Statutes Education Code, Chapter 95.01: “The organization, control, and management of the state university system is vested in the Board of Regents, Texas State University System” [2]. The governing board’s structure is further delineated by delegating authority to the component presidents as cited in The Texas State University System Rules and Regulations, Chapter IV, Section 2.1: “The President shall be answerable to the Chancellor and shall have discretionary powers broad enough effectively to administer the Component within the policies and guidelines as set forth by the Chancellor and Board of Regents” [3]. The organizational chart for Sam Houston State University illustrates the lines of responsibility within the organization [4].

3.2.2.1 Institution’s Mission
According to the Texas Statutes Education Code, the mission statement of Sam Houston State University must be approved by The Texas State University System Board of Regents and the Texas Higher Education Coordinating Board [5]. The President, who reports to the Board of Regents, is responsible for periodically reviewing the mission statement of the University and making recommendations to the Board of Regents for approval. The mission statement of Sam Houston State University was last approved by The Texas State University System Board of Regents at the May 2007 meeting and can be verified by the minutes to that meeting [6]. The mission statement was approved by the Texas Higher Education Coordinating Board in 2001 and 2005 [7] [8].

3.2.2.2 Fiscal Stability
The fiscal stability of Sam Houston State University is clearly cited as under the control of The Texas State University System Board of Regents and the President of the University by the Texas Statutes Education Code, The Texas State University System Rules and Regulations, and the job description of the University President. The Texas State University System Board of Regents controls disbursements of all appropriations made by the Texas Legislature as cited in the Texas Statutes Education Code, Chapter 95.28: “All appropriations made by the legislature for the support and maintenance of the system universities… shall be disbursed under the direction and authority of the board.” In addition, “The board may formulate rules for the general control and management of the universities, for the auditing and approving of accounts, and for the issuance of vouchers and warrants which are necessary for the efficient administration of the universities” [9]. The Texas Statutes Education Code, Chapter 95.29 further states, “The board shall file in each house of the legislature at each of its regular biennial sessions a statement of the receipts and expenditures of each of the system universities …. the board shall also file its recommendations for appropriations for the universities” [10]. The Texas State University System Rules and Regulations, Chapter II, Section 4.3 also states “All books, records, ledgers, and accounts of System and Component administrations shall be kept and maintained in conformity with recommendations of the State Auditor and the State Comptroller of Public Accounts subject to approval of the Chancellor and Boards. All proposed operating budgets and all biennial appropriation requests shall be first examined, considered, and approved by the Chancellor and presented to the Board for review and approval at an open meeting” [11] [12].

3.2.2.3 Institutional Policy
The legal authority and operating control of Sam Houston State University are within the governing board’s structure or control and clearly defined for institutional policies including policies concerning related and affiliated corporate entities and all auxiliary services. This authority is designated in the Texas Statutes Education Code, Chapter 95.21 (b): “[T]he board has authority to promulgate and enforce such rules, regulations, and orders for the operation, control, and management of the university system and its institutions as the board may deem either necessary or desirable. When a power is vested in the board, the board may adopt a rule, regulation, or order delegating such power to any officer, employee, or committee as the board may designate” [13]. The auxiliary services which by definition are organizations allied with, but subsidiary to, Sam Houston State University are the Sam Houston Museum, Gibson D. Lewis Center for Business and Economic Development, Bill Blackwood Law Enforcement Management Institute of Texas, Correctional Management Institute and Criminal Justice Center, Texas Regional Institute for Environmental Studies, and the Crime Victims’ Institute. Each of these units is funded as a special item in Sam Houston State University’s Legislative Appropriations Request which can be viewed on campus at the Newton Gresham Library. In addition, the Texas Statutes Education Code, Chapter 96.64 indicates the location and designates the authority over the Bill Blackwood Law Enforcement Management Institute of Texas when it states “… headquarters of the institute are at Sam Houston State University” and “the institute is under the supervision and direction of the president of Sam Houston State University" [14]. This statute goes on to state, “The president may establish rules relating to the institute” [14]. The Texas Statutes Education Code, Chapter 96.65 (c) indicates the location and designates the authority over the Crimes Victims Institute when it states, “The headquarters of the institute are at Sam Houston State University in Huntsville, Texas” and “the institute is under the supervision and direction of the president of Sam Houston State University” [15].

3.2.2.4 Related Foundations
Sam Houston State University has one foundation whose primary purpose is to support the institution and/or its programs and no corporate entities. The name of the foundation is the Sam Houston Foundation. In the annual report to The Texas State University System Board of Regents which appeared on the November 2007 agenda, the purpose of the foundation is “to provide a legal entity to accept and receive and to manage, operate, control, administer and invest real, personal or mixed property, given granted, conveyed or bequeathed to the foundation for the benefit of Sam Houston State University” [16]. Even though Sam Houston State University has no explicit authority or control over the foundation, the Board of Directors has sought the advice and counsel of the Vice President for Finance and Operations, Mr. Jack Parker, since the inception of the foundation.

Supporting Documentation