Tex. Educ. Code Section 61.028
Commissioner of Higher Education; Personnel; Consultants

(a)

The board shall appoint a commissioner of higher education, who shall select and supervise the board’s staff and perform other duties delegated to him by the board. The commissioner shall serve at the pleasure of the board.

(b)

The commissioner shall be a person of high professional qualifications having a thorough background by training and experience in the fields of higher education and administration and shall possess such other qualifications as the board may prescribe.

(c)

The commissioner shall employ professional and clerical personnel and consultants as necessary to assist the board and the commissioner in performing the duties assigned by this chapter. The number of employees, their compensation and the other expenditures of the board shall be within the limits and in compliance with the appropriation made for those purposes by the legislature and within budgets that shall be approved from time to time by the board.

(d)

The commissioner or the commissioner’s designee shall develop an intraagency career ladder program. The program shall require intraagency postings of all nonentry level positions concurrently with any public posting.

(e)

The commissioner or the commissioner’s designee shall develop a system of annual performance evaluations. All merit pay for board employees must be based on the system established under this subsection.

(f)

The commissioner or the commissioner’s designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin. The policy statement must include:

(1)

personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the board to avoid the unlawful employment practices described by Chapter 21 (Employment Discrimination), Labor Code; and

(2)

an analysis of the extent to which the composition of the board’s personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.

(g)

The policy statement must:

(1)

be updated annually;

(2)

be reviewed by the state Commission on Human Rights for compliance with Subsection (f)(1); and

(3)

be filed with the governor’s office.

(h)

The governor’s office shall deliver a biennial report to the legislature based on the information received under Subsection (g) of this section. The report may be made separately or as part of other biennial reports made to the legislature.

(i)

The board shall develop and implement policies that clearly define the respective responsibilities of the board and the staff of the board.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1989, 71st Leg., ch. 1084, Sec. 1.05, eff. Sept. 1, 1989; Acts 2003, 78th Leg., ch. 820, Sec. 6, eff. Sept. 1, 2003.

Source: Section 61.028 — Commissioner of Higher Education; Personnel; Consultants, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­61.­htm#61.­028 (accessed Jun. 5, 2024).

61.001
Short Title 61.002
Purpose 61.003
Definitions 61.021
Establishment of Coordinating Board: Functions 61.022
Members of Board 61.023
Board Officers 61.024
Compensation and Expenses of Members 61.025
Quorum 61.026
Committees and Advisory Committees 61.027
Rules of Procedure 61.028
Commissioner of Higher Education 61.029
Internal Auditor 61.030
Qualifications and Standards of Board Members and Employees 61.031
Public Information and Complaints 61.032
Notice of National Compact Meetings 61.033
Negotiated Rulemaking 61.034
Effective Use of Technology 61.035
Compliance Monitoring 61.051
Coordination of Institutions of Public Higher Education 61.052
List of Courses 61.053
Board Orders 61.054
Expenditures for Programs Disapproved by Board 61.055
Partnerships or Affiliations 61.056
Review of Legislation Establishing Additional Institutions 61.057
Promotion of Teaching Excellence 61.058
New Construction and Repair and Rehabilitation Projects 61.059
Appropriations 61.060
Control of Public Junior Colleges 61.061
Policies, Rules, and Regulations Respecting Junior Colleges 61.062
Powers Respecting Junior Colleges 61.063
Listing of Public Junior Colleges 61.064
Cooperative Undertakings with Private Colleges and Universities 61.065
Reporting 61.067
Contracts 61.068
Gifts, Grants, Donations 61.069
Board Role in Establishing Best Practices 61.071
Student Representatives on Certain Board Advisory Committees 61.072
Regulation of Foreign Student Tuition 61.073
Allocation of Funds for Tuition and Fee Exemptions 61.074
Official Grade Point Average 61.075
Courses Benefitting Military Installations 61.077
Academic Advising Assessment 61.079
Waste Management Degree Programs and Research 61.080
Continuing Study of Minority Participation in Higher Education 61.082
Research 61.084
Training for Members of Governing Boards 61.085
On-line Surplus Property Resource 61.087
Matching Scholarships to Retain Students in Texas 61.088
Dropped or Repeated Courses Under Competency-based Baccalaureate Degree Program 61.089
State Science and Engineering Fairs 61.090
Pilot Centers for Advancement of Quality in Long-term Care 61.091
Definitions 61.092
Contracts with Baylor College of Medicine 61.093
Disbursements 61.095
Restrictions 61.097
Contracts with Respect to Resident Physicians 61.0211
Sunset Provision 61.0221
Duty in Making or Confirming Appointments 61.221
Tuition Equalization Grants Authorized 61.0222
Restrictions on Board Appointment, Membership, and Employment 61.222
Approved Institutions 61.0223
Removal of Board Member 61.223
Nondiscrimination Regulations 61.0224
Training of Board Members 61.224
Application of General Appropriations Act Riders 61.0225
Nonvoting Student Representative 61.226
Application of Laws to Receiving Institutions 61.227
Payment of Grant 61.228
Implementation of Grant Program 61.229
Promulgation and Distribution of Regulations 61.230
Annual Report 61.301
Purpose 61.302
Definitions 61.303
Exemptions 61.304
Requisite Authority to Grant Degrees and Offer Courses 61.305
Application for Certificate of Authority 61.306
Issuance of Certificate 61.307
Amendments to Applications 61.308
Renewal of Certificate 61.309
Revocation of Certificate of Authority 61.310
Appeal 61.311
Rules and Regulations 61.312
Honorary Degrees 61.313
Use of Protected Term in Name of Institution 61.314
Advisory Council on Private Postsecondary Educational Institutions 61.315
Agents and Records 61.316
Administrative Penalties 61.318
Injunctions 61.319
Civil Penalty 61.320
Application of Deceptive Trade Practices Act 61.321
Information Provided to Protect Public from Fraudulent, Substandard, or Fictitious Degrees 61.0331
Negotiated Rulemaking Required 61.0341
Limitation on Data Collection and Reporting Requirements 61.401
Definitions 61.402
Requisite Approval 61.403
Rules and Regulations 61.404
Procedures in Case of Violation 61.405
Advisory Committees 61.501
Definitions 61.502
Contracts 61.503
Rules and Regulations 61.504
Disbursements 61.505
Advisory Committee 61.506
Family Practice Residency Training Pilot Programs 61.0512
Board Approval of Academic Programs 61.0513
Court Reporter Programs 61.0514
Integrated Coursework 61.0515
Semester Credit Hours Required for Baccalaureate Degree 61.0517
Applied Stem Courses 61.0521
Recognition of Competency-based Education Degree Plans for Members of Texas Military Forces 61.531
Repayment Authorized 61.532
Eligibility 61.533
Limitation 61.534
Eligible Loans 61.535
Repayment 61.536
Advisory Committees 61.537
Rules 61.538
Amount of Repayment Assistance 61.540
Loan Repayment Assistance Under Former Law 61.0571
Board Assistance to Institutions 61.0572
Construction Funds and Development of Physical Plants 61.0581
Powers Unaffected by Certain Constitutional Amendment 61.0583
Audit of Facilities 61.0592
Funding for Courses Provided During Off-peak Hours at Certain Institutions 61.0594
Coordinated Funding of Graduate Medical Education 61.0595
Funding for Certain Excess Undergraduate Credit Hours 61.0596
University Funding for Excellence in Specific Programs and Fields 61.601
Definition 61.602
Repayment Authorized 61.603
Eligibility 61.604
Limitations 61.605
Eligible Loans 61.606
Repayment 61.607
Amount of Repayment Assistance 61.608
Rules 61.609
Solicitation and Acceptance of Funds 61.0651
Management Policies 61.651
Definitions 61.652
Scholarship Program 61.654
Loan Repayment Program 61.655
Purpose 61.656
Rules 61.658
Funding 61.659
Administrative Costs 61.0661
Opportunities for Graduate Medical Education 61.0662
Information on Research Conducted by Institutions 61.0663
Inventory of Postsecondary Educational Programs and Services for Persons with Intellectual and Developmental Disabilities 61.0664
Collection and Study of Data on Participation of Persons with Intellectual and Developmental Disabilities in Higher Education 61.0665
Study on Use and Availability of Electronic Textbooks 61.0667
Digital Course Materials Pilot Program 61.0670
State Repository of Open Educational Resources 61.701
Repayment Authorized 61.702
Eligibility for Classroom Teacher Repayment Assistance 61.703
Limitation 61.704
Eligible Loans 61.705
Repayment 61.706
Advisory Committees 61.707
Acceptance of Funds 61.708
Rules 61.0762
Programs to Enhance Student Success 61.0764
Medical Dual Credit Pilot Program 61.0766
Mathematics, Science, and Technology Teacher Preparation Academies 61.771
Definitions 61.0771
Distance Learning Master Plan 61.772
Contracts with Texas Chiropractic College and Parker College of Chiropractic 61.773
Adoption and Distribution of Rules 61.0775
Business Research and Development 61.0776
Center for Financial Aid Information 61.0777
Uniform Standards for Publication of Cost of Attendance Information 61.0778
Online Information Regarding Certain Career Educational Entities 61.791
Engineering Summer Program 61.792
Engineering Scholarship Program 61.793
Funding 61.0816
Information Regarding Higher Education Authorities 61.0817
Individual Development Account Information Program 61.821
Definitions 61.0821
Research on Border Region Environmental Issues 61.822
Transfer of Credits 61.0822
Contract with Texas Board of Architectural Examiners 61.823
Field of Study Curriculum 61.824
Institutional Evaluations 61.825
Board Evaluations 61.826
Dispute Resolution 61.827
Rules 61.828
Concurrently Enrolled Students 61.829
Effect on Other Policies 61.830
Publication of Guidelines Addressing Transfer Practices 61.831
Purpose of Subchapter 61.832
Common Course Numbering System 61.833
Credit Transfer for Associate Degree 61.834
Texas Direct Associate Degree 61.835
Transferable College Credit for Heroes Curricula 61.0841
Intensive Short Course for Appointed Members of Governing Boards 61.861
Development of Mathematics and Science Courses for High-demand Occupations 61.862
Grant Application Criteria 61.863
Use of Funds 61.864
Review of Courses 61.865
Matching Contribution Required 61.866
Limitation on Total Amount of Grants 61.867
Funding of Grants 61.881
Definitions 61.882
Establishment 61.883
Use of Grant 61.884
Recognized Certifications or Credentials 61.885
Grants, Gifts, and Donations 61.886
Rules 61.891
Definitions 61.892
Establishment 61.893
Initial Eligibility 61.894
Continuing Eligibility 61.895
Academic Achievement Support and Leadership Development 61.896
Grants, Gifts, and Donations 61.897
Rules 61.0899
Assistance in Certain Rural Health Care Loan Reimbursement and Stipend Programs 61.0901
Incentives to Promote Retention and Graduation of Nursing Students 61.901
Repayment Authorized 61.0902
Publication of Performance Data of General Academic Teaching Institutions 61.902
Eligibility 61.0903
Certificate of Recognition for Major Donors to Institutions of Higher Education 61.0904
Review of Institutional Groupings 61.904
Eligible Loans 61.905
Repayment 61.0906
Tracking System for Medical Training and Practice Choices 61.906
Advisory Committees 61.907
Acceptance of Funds 61.0908
Designation of Liaison Officer to Assist Students Formerly in Foster Care 61.908
Rules 61.0909
Memorandum of Understanding Regarding Exchange of Information for Students Formerly in Foster Care 61.909
Total Amount of Repayment Assistance 61.910
Dental School Tuition Set Aside for Certain Loan Repayments 61.951
Repayment Assistance Authorized 61.952
Eligibility 61.953
Limitations 61.954
Eligible Loans 61.955
Repayment 61.956
Advisory Committee 61.957
Acceptance of Gifts 61.958
Rules 61.2252
Reestablishing Eligibility for Grant 61.3021
Review of Degree Not Otherwise Regulated by Subchapter 61.3025
Definition: Academic Records 61.3075
Required Financial Resources 61.05121
State Authorization Reciprocity Agreement 61.05122
Graduate Medical Education Requirement for New Medical Degree Programs 61.05151
Semester Credit Hours Required for Associate Degree 61.5361
Acceptance of Funds 61.5391
Physician Education Loan Repayment Program Account 61.5392
Federal Matching Funds 61.05821
Condition of Buildings and Facilities 61.06641
Access to Higher Education for Persons with Intellectual and Developmental Disabilities 61.06691
Study on Shortages in Certain Health Professions 61.06694
Study and Report on Assisting Students with Autism Spectrum Disorder 61.7021
Eligibility for Border Institution Faculty Repayment Assistance 61.07611
Developmental Education Plan 61.07621
Texas Governor’s Schools 61.07761
Financial Aid and Other Trusteed Funds Allocation 61.07762
Application for State Financial Aid 61.07764
Annual Report Regarding Student Loan Data 61.08205
Research on Substance Use Disorders and Addiction 61.8235
Career and Technical Education Program of Study Curricula 61.09021
Comparison Tool 61.09022
Information to Assist Students in Assessing Value of Postsecondary Credentials 61.09092
Coordination of Cybersecurity Coursework Development 61.9601
Definition 61.9602
Repayment Assistance Authorized 61.9603
Eligibility 61.9604
Eligible Loans 61.9605
Agreement 61.9606
Repayment 61.9607
Advisory Committee 61.9608
Funding 61.9609
Rules 61.9621
Definition 61.9622
Program 61.9623
Grants 61.9624
Administration 61.9625
Grants, Gifts, and Donations 61.9626
Annual Report 61.9627
Disbursement and Accounting of Appropriated Funds 61.9628
Administrative Costs 61.9629
Continued Eligibility of Programs to Receive Grants 61.9641
Definitions 61.9642
Clinical Site Nurse Preceptor Grant Program 61.9643
Clinical Site Innovation and Coordination Program 61.9644
Nursing Faculty Grant Program: Part-time Positions 61.9645
Nursing Faculty Grant Program: Clinical Training 61.9646
Funds 61.9647
Rules 61.9651
Repayment Authorized 61.9652
Eligibility 61.9653
Limitation 61.9654
Eligible Loans 61.9655
Repayment 61.9656
Advisory Committees 61.9657
Acceptance of Gifts and Grants 61.9658
Rules 61.9659
Total Amount of Repayment Assistance 61.9660
Tuition Set Aside for Certain Loan Repayments 61.9681
Purpose 61.9682
Definition 61.9683
Fund 61.9684
Geography Education Advisory Committee 61.9701
Public Awareness Campaign 61.9702
Target Audience 61.9703
Coordination with Other Entities 61.9704
Funding 61.9705
Sale of Promotional Items and Media and Training Materials 61.9721
Repayment Assistance Authorized 61.9722
Eligibility 61.9724
Maximum Amount of Repayment Assistance 61.9725
Eligible Loans 61.9726
Repayment 61.9727
Assistance Available to Board 61.9728
Acceptance of Funds 61.9729
Rules 61.9730
Total Amount of Repayment Assistance 61.9732
Limitations on Funding 61.9751
Definitions 61.9752
Program: Establishment 61.9753
Grants: Conditions 61.9754
Priority for Funding 61.9755
Grants, Gifts, and Donations 61.9756
Rules 61.9757
Approval as Nursing Education Pilot Program 61.9758
Reporting Requirements 61.9759
Administrative Costs 61.9771
Scholarship Program 61.9772
Eligibility 61.9773
Agreement Requirements 61.9774
Rules 61.9775
Limitations on Scholarship 61.9776
Funding 61.9791
Definition 61.9792
Scholarship Program 61.9793
Eligible Student 61.9794
Eligible Institution 61.9795
Amount 61.9801
Definitions 61.9802
Program: Establishment 61.9803
Grants: Conditions 61.9804
Priority for Funding 61.9805
Grants, Gifts, and Donations 61.9806
Rules 61.9807
Administrative Costs 61.9811
Definitions 61.9812
Repayment Assistance Authorized 61.9813
Eligibility 61.9814
Limitation 61.9815
Eligible Loans 61.9816
Repayment 61.9817
Advisory Committees 61.9818
Program Funding 61.9819
Rules 61.9821
Repayment Authorized 61.9822
Eligibility 61.9823
Limitations 61.9824
Eligible Loans 61.9825
Repayment 61.9826
Reallocation of Money 61.9827
Gifts and Grants 61.9828
Rules 61.9831
Loan Repayment Assistance Authorized 61.9832
Eligibility 61.9833
Award 61.9834
Exception to Consecutive Years of Employment Requirement 61.9835
Eligible Loans 61.9836
Payment of Assistance 61.9837
Mathematics and Science Teacher Investment Fund 61.9838
Amount of Loan Repayment Assistance 61.9839
Repayment Based on Continuing Employment 61.9840
Rules 61.9841
Application Form 61.9951
Definition 61.9952
Loan Repayment Assistance Authorized 61.9953
Initial Eligibility 61.9954
Continuing Eligibility 61.9955
Award 61.9956
Eligible Loans 61.9957
Payment of Loan Repayment Assistance 61.9958
Gifts, Grants, and Donations 61.9959
Rules 61.9965
Rural Veterinarian Incentive Program Account 61.9991
Behavioral Health Innovation Grant Program 61.9992
Federal Funds and Gifts, Grants, and Donations 61.9993
Rules 61.9994
Award of Grants 61.9995
Grant Amount 61.9996
Reporting Requirements 61.9997
Administrative Costs 61.96231
Nursing Faculty Enhancement Grants 61.96232
Grants to Increase Number of Graduates: Application Process 61.96233
New Professional Nursing Programs 61.97731
Notice Regarding Minimum and Required Rotc Training
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Accessed:
Jun. 5, 2024

§ 61.028’s source at texas​.gov