CHAPTER 160. REGIONAL EDUCATION COMPACT - Texas Statutes

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.