CHAPTER 103. MIDWESTERN STATE UNIVERSITY
EDUCATION CODE
TITLE 3. HIGHER EDUCATION
SUBTITLE F. OTHER COLLEGES AND UNIVERSITIES
CHAPTER 103. MIDWESTERN STATE UNIVERSITY
Sec. 103.01. MIDWESTERN STATE UNIVERSITY. Midwestern State
University is a coeducational institution of higher learning
located in the city of Wichita Falls.
Acts 1971, 62nd Leg., p. 3233, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 1975, 64th Leg., p. 1841, ch. 571,
Sec. 3, eff. Sept. 1, 1975.
Sec. 103.02. BOARD OF REGENTS. The organization, control, and
management of the university is vested in a board of nine
regents.
Acts 1971, 62nd Leg., p. 3233, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 103.03. BOARD MEMBERS: APPOINTMENT, TERMS, OATH. Members
of the board shall be appointed by the governor and confirmed by
the senate. Members hold office for staggered terms of six years.
Any vacancy that occurs on the board shall be filled for the
unexpired term by appointment of the governor. Each member of the
board shall take the constitutional oath of office.
Acts 1971, 62nd Leg., p. 3233, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 103.031. GROUNDS FOR REMOVAL OF BOARD MEMBER. (a) It is a
ground for removal from the board that a member:
(1) commits malfeasance of office;
(2) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(3) is absent from more than half of the regularly scheduled
board meetings that the member is eligible to attend during a
calendar year, unless the absence is excused by majority vote of
the board.
(b) The validity of an action of the board is not affected by
the fact that it was taken when a ground for removal of a board
member existed.
Added by Acts 2001, 77th Leg., ch. 223, Sec. 1, eff. May 22,
2001.
Sec. 103.04. COMPENSATION AND REIMBURSEMENT OF BOARD MEMBERS. A
member of the board serves without compensation. A member of the
board is entitled to receive reimbursement, subject to any
applicable limitation on reimbursement provided by the General
Appropriations Act, for actual expenses incurred in attending the
meetings of the board or in performing other board business
authorized by the board.
Acts 1971, 62nd Leg., p. 3233, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 2001, 77th Leg., ch. 222, Sec. 1,
eff. May 22, 2001.
Sec. 103.05. BOARD OFFICERS; MEETINGS. (a) The board shall
organize by electing a chairperson and other officers the board
considers appropriate.
(b) The chairperson may convene a meeting of the board when the
chairperson considers it appropriate to consider any business
related to the university.
Acts 1971, 62nd Leg., p. 3233, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 2001, 77th Leg., ch. 159, Sec. 1,
eff. May 18, 2001.
Sec. 103.06. PRESIDENT OF UNIVERSITY: SELECTION; DUTIES. The
board shall select a president for the university and shall fix
his term of office, name his salary, and define his duties. The
president shall be the executive officer for the board and shall
work under its directions. He shall recommend a plan of
organization and the appointment of employees of the university.
He shall have the cooperation of the board and shall be
responsible to the board for the general management and success
of the university.
Acts 1971, 62nd Leg., p. 3233, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 103.07. GENERAL RESPONSIBILITIES. The board shall build
and operate a public liberal arts university of the first rank to
offer the university's students, consistent with the university's
mission, preparation for excellence in a variety of careers and
exploration of a variety of interests. The university shall be
equipped as necessary to do its work as well as comparable public
institutions of higher education in this state.
Acts 1971, 62nd Leg., p. 3233, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
11, Sec. 1, eff. May 12, 2009.
Sec. 103.08. DONATIONS, GIFTS, AND ENDOWMENTS. The board may
accept donations, gifts, and endowments for the university to be
held in trust and administered by the board for the purposes and
under the directions, limitations, and provisions declared in
writing in the donation, gift, or endowment, not inconsistent
with the objects and proper management of the university.
Acts 1971, 62nd Leg., p. 3234, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 103.09. CONTROL AND MANAGEMENT OF REAL PROPERTY. (a) The
board has the sole and exclusive control and management of
university lands and other real property.
(b) The board may acquire by purchase, donation, exchange,
condemnation, or otherwise real property that is necessary or
convenient to carry out the purposes of the university. The
board's purchase of property under this section is subject to
action of the Texas Higher Education Coordinating Board under
Section 61.0572(b)(5).
(c) Except as provided by Subsection (d), the board may sell,
exchange, lease, or otherwise dispose of any interest in real
property owned by the university. Money received in consideration
for the sale or lease of an interest in real property constitutes
institutional funds of the university. Property received in an
exchange of real property of the university may be used for any
purpose of the university the board considers appropriate.
(d) The board may not lease the surface rights of land under its
control and management for a term of more than 99 years.
Acts 1971, 62nd Leg., p. 3234, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 1997, 75th Leg., ch. 22, Sec. 1,
eff. May 1, 1997.
Sec. 103.10. JOINT PROGRAMS. (a) Both civilian and military
student personnel shall be eligible to enroll in joint programs.
All joint program students shall register at the university and
shall receive appropriate credit from the university.
(b) Students enrolled at the university in joint programs shall
pay the regular tuition fees as provided by law. The university
shall collect an initial administrative fee in the amount of $25
from military student personnel who receive all their instruction
at the air force base solely by air force personnel in lieu of
such regular tuition fees. No state appropriations shall be made
for instructional costs for semester credit hours taught at the
air force base by air force personnel. Civilian students shall be
subject to the general tuition provisions set forth in this code
for all credit hours taught.
(c)(1) No training may be given to students in any of the
following areas:
(A) the prescribing of ophthalmic lenses for the human eye or
the prescribing of contact lenses for the human eye, or the
fitting or adaptation of contact lenses to the human eye;
(B) the prescribing, whether written or oral, of the use of any
optical device in connection with ocular exercises, visual
training, vision training, or orthoptics; or
(C) optometric technology or ophthalmological technology other
than those courses of training being offered to military trainees
at Sheppard Air Force Base on May 17, 1973; provided, however,
training in the use of screening devices or orthoptic training
devices may be given to the students.
(2) It is the intent of the above restrictions that training may
not be given to students on subjects of visual care involving the
exercise of professional judgment required of licensed physicians
or optometrists.
(d) Military students who receive all of their instruction on
the military base shall be exempt from all student service fees
and building use fees.
Added by Acts 1973, 63rd Leg., p. 522, ch. 225, Sec. 1, eff. Aug.
27, 1973.
Sec. 103.11. ACQUISITION OF MUSEUM. (a) The board may acquire
by gift or donation a museum and any related property.
(b) The Texas Higher Education Coordinating Board shall include
in the funding formula applicable to the university funding for
the operation and maintenance of a museum acquired under
Subsection (a).
Added by Acts 2001, 77th Leg., ch. 118, Sec. 6.02, eff. Sept. 1,
2001.