CHAPTER 160. REGIONAL EDUCATION COMPACT
EDUCATION CODE
TITLE 4. COMPACTS
CHAPTER 160. REGIONAL EDUCATION COMPACT
Sec. 160.01. STATE POLICY. It is declared to be the policy of
the State of Texas to promote the development and maintenance of
regional educational services and facilities in the Southern
States in the professional, technological, scientific, literary,
and other fields so as to provide greater educational advantages
for the citizens of the State of Texas and the citizens of the
States in the Southern Region. This policy can best be
accomplished under the plan embodied in the regional compact
entered into by the State of Texas and thirteen other States
February 8, 1948, through their respective Governors.
Acts 1971, 62nd Leg., p. 3014, ch. 994, Sec. 15, eff. Aug. 30,
1971.
Sec. 160.02. TEXT OF COMPACT. The regional education compact,
as amended, reads as follows:
THE REGIONAL COMPACT
(As amended)
WHEREAS, The States who are parties hereto have during the past
several years, conducted careful investigation looking toward the
establishment and maintenance of jointly owned and operated
regional educational institutions in the Southern States in the
professional, technological, scientific, literary and other
fields, so as to provide greater educational advantages and
facilities for the citizens of the several States who reside
within such region; and
WHEREAS, Meharry Medical College of Nashville, Tennessee, has
proposed that its lands, buildings, equipment, and the net income
from its endowment be turned over to the Southern States, or to
an agency acting in their behalf, to be operated as a regional
institution for medical, dental and nursing education upon terms
and conditions to be hereafter agreed upon between the Southern
States and Meharry Medical College; which proposal, because of
the present financial condition of the institution has been
approved by the said States who are parties hereto; and
WHEREAS, The said States desire to enter into a compact with each
other providing for the planning and establishment of regional
educational facilities; now,
THEREFORE, In consideration of the mutual agreements, covenants
and obligations assumed by the respective States who are parties
hereto (hereinafter referred to as "States"), the said several
States do hereby form a geographical district or region
consisting of the areas lying within the boundaries of the
contracting States, which, for the purpose of this Compact, shall
constitute an area for regional education supported by public
funds derived from taxation by the constituent States and derived
from other sources for the establishment, acquisition, operation
and maintenance of regional educational schools and institutions,
for the benefit of citizens of the respective States residing
within the region so established, as may be determined from time
to time in accordance with the terms and provisions of this
Compact.
The States do further hereby establish and create a joint agency
which shall be known as the Board of Control for Southern
Regional Education (hereinafter referred to as the "Board"), the
members of which Board shall consist of the Governor of each
State, ex officio, and four additional citizens of each State to
be appointed by the Governor thereof, at least one of whom shall
be selected from the field of education and at least one of whom
shall be a member of the Legislature of that State. The Governor
shall continue as a member of the Board during his tenure of
office as Governor of the State but the members of the Board
appointed by the Governor shall hold office for a period of four
(4) years except that in the original appointments one Board
member so appointed by the Governor shall be designated at the
time of his appointment to serve an initial term of two (2)
years, one Board member to serve an initial term of three (3)
years, and the remaining Board member to serve the full term of
four (4) years, but thereafter the successor of each appointed
Board member shall serve the full term of four (4) years.
Vacancies on the Board caused by death, resignation, refusal or
inability to serve, shall be filled by appointment by the
Governor for the unexpired portion of the term. The officers of
the Board shall be a Chairman, a Vice-Chairman, a Secretary, a
Treasurer, and such additional officers as may be created by the
Board from time to time. The Board shall meet annually and
officers shall be elected to hold office until the next annual
meeting. The Board shall have the right to formulate and
establish by-laws not inconsistent with the provisions of this
Compact to govern its own actions in the performance of the
duties delegated to it, including the right to create and appoint
an Executive Committee and a Finance Committee with such powers
and authority as the Board may delegate to them from time to
time. The Board may, within its discretion, elect as its Chairman
a person who is not a member of the Board, provided such person
resides within a signatory State; and upon such election such
person shall become a member of the Board with all the rights and
privileges of such membership.
It shall be the duty of the Board to submit plans and
recommendations to the States from time to time for their
approval and adoption by appropriate legislative action for the
development, establishment, acquisition, operation and
maintenance of educational schools and institutions within the
geographical limits of the regional area of the States, of such
character and type and for such educational purposes,
professional, technological, scientific, literary, or otherwise,
as they may deem and determine to be proper, necessary or
advisable. Title to all such educational institutions when so
established by appropriate legislative actions of the States, and
to all properties and facilities used in connection therewith,
shall be vested in said Board as the agency of and for the use
and benefit of the said States and citizens thereof; and all such
educational institutions shall be operated, maintained and
financed in the manner herein set out, subject to any provisions
or limitations which may be contained in the legislative Acts of
the State authorizing the creation, establishment and operation
of such educational institutions.
In addition to the power and authority heretofore granted, the
Board shall have the power to enter into such agreements or
arrangements with any of the States and with educational
institutions or agencies, as may be required in the judgment of
the Board, to provide adequate services and facilities for the
graduate, professional, and technical education for the benefit
of the citizens of the respective States residing within the
region, and such additional and general power and authority as
may be vested in the Board from time to time by legislative
enactment of the said States.
Any two (2) or more States who are parties of this Compact shall
have the right to enter into supplemental agreements providing
for the establishment, financing and operation of regional
educational institutions for the benefit of citizens residing
within an area which constitutes a portion of the general region
herein created, such institutions to be financed exclusively by
such States and to be controlled exclusively by the members of
the Board representing such States, provided such agreement is
submitted to and approved by the Board prior to the establishment
of such institutions.
Each State agrees that, when authorized by the Legislature, it
will from time to time make available and pay over to said Board
such funds as may be required for the establishment, acquisition,
operation and maintenance of such regional educational
institutions as may be authorized by the States under the terms
of this Compact, the contribution of each State at all times to
be in the proportion that its population bears to the total
combined population of the States who are parties hereto as shown
from time to time by the most recent official published report of
the Bureau of the Census of the United States of America; or upon
such other basis as may be agreed upon.
This Compact shall not take effect or be binding upon any State
unless and until it shall be approved by proper legislative
action of as many as six (6) or more of the States whose
Governors have subscribed hereto within a period of eighteen (18)
months from the date hereof. When and if six (6) or more States
shall have given legislative approval to this Compact within said
eighteen (18) months period, it shall be and become binding upon
such six (6) or more States sixty (60) days after the date of
legislative approval by the sixth State, and the Governors of
such six (6) or more States shall forthwith name the members of
the Board from their States as hereinabove set out, and the Board
shall then meet on call of the Governor of any State approving
this Compact, at which time the Board shall elect officers, adopt
by-laws, appoint committees and otherwise fully organize. Other
States whose names are subscribed hereto shall thereafter become
parties hereto upon approval of this Compact by legislative
action within two (2) years from the date hereof, upon such
conditions as may be agreed upon at the time. Provided, however,
that with respect to any State whose constitution may require
amendment in order to permit legislative approval of the Compact,
such State or States shall become parties hereto upon approval of
this Compact by legislative action within seven (7) years from
the date hereof, upon such conditions as may be agreed upon at
the time.
After becoming effective this Compact shall thereafter continue
without limitation of time; provided, however, that it may be
terminated at any time by unanimous action of the States; and
provided further that any State may withdraw from this Compact if
such withdrawal is approved by its Legislature, such withdrawal
to become effective two (2) years after written notice thereof to
the Board accompanied by a certified copy of the requisite
legislative action, but such withdrawal shall not relieve the
withdrawing State from its obligations hereunder accruing up to
the effective date of such withdrawal. Any State so withdrawing
shall ipso facto cease to have any claim to or ownership of any
of the property held or vested in the Board or of any of the
funds of the Board held under the terms of this Compact.
If any State shall at any time become in default in the
performance of any of its obligations assumed herein or with
respect to any obligation imposed upon said State as authorized
by and in compliance with the terms and provisions of this
Compact, all rights, privileges and benefits of such defaulting
State, its members on the Board and its citizens, shall ipso
facto be and become suspended from and after the date of such
default. Unless such default shall be remedied and made good
within a period of one year immediately following the date of
such default this Compact may be terminated with respect to such
defaulting State by an affirmative vote of three-fourths (3/4) of
the members of the Board (exclusive of the members representing
the State in default), from and after which time such State shall
cease to be a party to this Compact and shall have no further
claim to or ownership of any of the property held by or vested in
the Board or to any of the funds of the Board held under the
terms of this Compact, but such termination shall in no manner
release such defaulting State from any accrued obligation or
otherwise affect this Compact or the rights, duties, privileges
or obligations of the remaining States thereunder.
IN WITNESS WHEREOF this Compact has been approved and signed by
Governors of the several States, subject to the approval of their
respective Legislatures in the manner hereinabove set out, as of
the 8th day of February, 1948.
STATE OF FLORIDA
By Millard F. Caldwell
Governor
STATE OF MARYLAND
By Wm. Preston Lane, Jr.
Governor
STATE OF GEORGIA
By M.E. Thompson
Governor
STATE OF LOUISIANA
By J.H. Davis
Governor
STATE OF ALABAMA
By James E. Folsom
Governor
STATE OF MISSISSIPPI
By F.L. Wright
Governor
STATE OF TENNESSEE
By Jim McCord
Governor
STATE OF ARKANSAS
By Ben Laney
Governor
COMMONWEALTH OF VIRGINIA
By William M. Tuck
Governor
STATE OF NORTH CAROLINA
By R. Gregg Cherry
Governor
STATE OF SOUTH CAROLINA
By J. Strom Thurmond
Governor
STATE OF TEXAS
By Beauford H. Jester
Governor
STATE OF OKLAHOMA
By Roy J. Turner
Governor
STATE OF WEST VIRGINIA
By Clarence W. Meadows
Governor
Acts 1971, 62nd Leg., p. 3014, ch. 994, Sec. 15, eff. Aug. 30,
1971.
Sec. 160.03. COMPACT APPROVED. The above compact is approved.
The State of Texas is declared to be a party to said compact, and
the agreements, covenants, and obligations contained therein are
declared to be binding on the State of Texas, insofar as is
permissible under the Constitution of the State of Texas.
Acts 1971, 62nd Leg., p. 3018, ch. 994, Sec. 15, eff. Aug. 30,
1971.
Sec. 160.04. GOVERNOR AS REPRESENTATIVE. The State of Texas
shall be represented by the governor in all matters concerning
the regional education program, and he shall have all powers
necessary to effectuate the purposes of the compact including the
power to make contracts with the Board of Control for Southern
Regional Education for the education of Texas citizens in states
other than Texas.
Acts 1971, 62nd Leg., p. 3018, ch. 994, Sec. 15, eff. Aug. 30,
1971.
Sec. 160.05. ENROLLED COPIES. The governor shall sign an
enrolled copy of this chapter and sufficient copies shall be
provided to supply each state approving the compact with an
enrolled copy. The governor shall sign an enrolled copy of
Section 160.06 of this code for submission to the Southern
Regional Education Board.
Acts 1971, 62nd Leg., p. 3018, ch. 994, Sec. 15, eff. Aug. 30,
1971.
Sec. 160.06. CONSENT TO INCREASED MEMBERSHIP. Consent is hereby
given by the State of Texas to the membership of the States of
West Virginia and Delaware in the Southern Regional Education
Compact set out above upon the same terms and conditions as if
each had signed, ratified, and approved the same as one of the
original contracting states, subject to the approval of the other
states party to the compact, and subject to the execution of a
copy of the compact by the governor of each of the respective
states of West Virginia and Delaware, and subject to the approval
of the compact and acceptance of its terms, agreements, and
obligations by their respective Legislatures.
Acts 1971, 62nd Leg., p. 3018, ch. 994, Sec. 15, eff. Aug. 30,
1971.
Sec. 160.07. ACADEMIC COMMON MARKET. (a) The Coordinating
Board, Texas College and University System, is hereby authorized
to participate on behalf of the State of Texas in the interstate
agreement known as the "Academic Common Market," which provides
reciprocal higher educational opportunities to the citizens of
states declared as parties to the Southern Regional Education
Compact.
(b) The governing board of any public institution of higher
education may propose programs and curricula for approval by the
Coordinating Board, Texas College and University System, which
are to be offered to citizens of participating states on a
resident tuition or registration fee basis.
(c) Notwithstanding any other provisions of this code, the
governing board of any public institution of higher education
shall charge nonresident students from participating states
enrolled in programs designated pursuant to this section the same
amount charged resident students in such programs.
Added by Acts 1977, 65th Leg., p. 105, ch. 50, Sec. 1, eff. Aug.
29, 1977.
Sec. 160.08. CONSENT TO MEMBERSHIP OF OKLAHOMA. Consent is
hereby given by the State of Texas to the membership of the State
of Oklahoma in the Southern Regional Education Compact set out in
this chapter on the same terms and conditions as if that state
had signed, ratified, and approved the compact as one of the
original contracting states, subject to the approval of the other
states party to the compact, and subject to the execution of a
copy of the compact by the Governor of Oklahoma, and subject to
the approval of the compact and acceptance of its terms,
agreements, and obligations by the Oklahoma Legislature.
Added by Acts 1985, 69th Leg., ch. 9, Sec. 1, eff. March 28,
1985.