author senator desalvo, cody9c54dae1-6971-4666-a6e5... · will assume their office upon146 being...

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AUTHOR

Senator DeSalvo, Cody

SPONSORS

Senator Gonzales, Matthew

Senate Pro-Tempore Tichy, James

Senator Camargo, Eduardo

Senator Richardson, Brittlin

Senator Wicker, Catherine

Date of First Reading: November 4, 2019

C.A.2019.2020.01

A Bill

A bill to be entitled “The Constitutional Overhaul and Student

Government Reform Act of 2019,” which shall establish Student

Government under a new constitution upon ratification of the

student body. It seeks to reform all components of Student

Government in accordance with recommendations from the Student

Government Task Force.

WHEREAS: The Student Government strives in all of its efforts 1

to effectively and efficiently serve the student body 2

of Texas State University; and 3

WHEREAS: President Trauth ordered a review of the Student 4

Government and a Task Force of students, faculty, and 5

staff was created to conduct the review; and 6

WHEREAS: The Task Force addressed multiple issues all of which 7

will require attention by future administrations and 8

future Student Government leaders to commit to 9

positive change, establish organizational goals and 10

priorities, and 11

BE IT RESOLVED: That in accordance with Article IX, Section 12

1 of the Student Government constitution, 13

the following constitution be ratified: 14

15

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CONSTITUTION 16

STUDENT GOVERNMENT OF TEXAS STATE UNIVERSITY 17 Amended MONTH DD, YYYY | Effective MONTH DD, YYYY 18

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TABLE OF CONTENTS 20

PREAMBLE 21

ARTICLE I - NAME AND PURPOSE ..................................................................................3 22

ARTICLE II - ETHICAL STANDARDS OF STUDENT GOVERNMENT .......................3 23

ARTICLE III - STRUCTURE ...................................................................................................4 24

ARTICLE IV - THE CABINET ................................................................................................8 25

ARTICLE V - THE ASSEMBLY ..........................................................................................13 26

ARTICLE VI - THE STUDENT SENATE.............................................................................16 27

ARTICLE VII - THE GRADUATE HOUSE OF REPRESENTATIVES ............................22 28

ARTICLE VIII - THE JUDICIARY ..........................................................................................27 29

ARTICLE IX - ELECTIONS ..................................................................................................32 30

ARTICLE X - APPOINTMENTS AND NOMINATIONS .................................................34 31

ARTICLE XI - IMPEACHMENT AND REMOVAL ...........................................................35 32

ARTICLE XII - SUCCESSION ................................................................................................38 33

ARTICLE XIII - RATIFICATION ............................................................................................39 34

ARTICLE XIV - AMENDMENTS.............................................................................................39 35

ARTICLE XV - STUDENT BODY RIGHTS ..........................................................................40 36

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PREAMBLE 39

We, the students of Texas State University, recognize a need for student centered representation, 40

programs, and services. In order to represent the student body of Texas State University, and unite 41

more closely the interests of students, faculty, staff, and university administration, we have 42

established this constitution, subject to the authority of the Texas State University System Board 43

of Regents, for the Student Government of Texas State University. 44

ARTICLE I - NAME AND PURPOSE 45

Section 1: The name of the officially recognized student government of Texas State University 46

will be the “Student Government of Texas State University” or “Student 47

Government.” 48

Section 2: Student Government is committed to establishing avenues for student involvement 49

in university affairs, acting as servants to the student body, and being the 50

representatives of the student body. Student Government is the primary recognized 51

forum for student opinion with a focus to represent student interests and concerns 52

to administration, while providing activities and services deemed useful to students. 53

Student Government exists to represent the student voice to the faculty and 54

administration. 55

Section 3: The rules, regulations, and policies of Student Government are to be free of 56

harmful discrimination based on race, color, national origin, age, sex, religion, 57

disability, veterans’ status, sexual orientation, gender identity, or gender 58

expression. 59

ARTICLE II - ETHICAL STANDARDS OF STUDENT GOVERNMENT 60

Section 1: Ethical Standards of Student Government 61

The membership of the Student Government of Texas State University must hold 62

themselves to a higher standard as student leaders. Members represent the Student 63

Government, student body, and university at all times and in all places. Members 64

uphold the ethical standards of Student Government, the Constitution of Student 65

Government, and university policies as guiding principles in our work serving the 66

student body. The ethical standards of Student Government that members commit 67

to uphold include: 68

a. Representing the students’ interests above all others, including that of self, 69

university administrators, and outside influences, 70

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b. Opposing all forms of harmful discrimination, 71

c. Opposing all forms of harassment, 72

d. Recognizing and supporting the students’ right to know the affairs of the university 73

and Student Government, 74

e. Engaging with students and assessing their needs and wants whenever possible, 75

f. Exemplifying the principles of servant leadership: listening, empathy, healing, 76

awareness, persuasion, conceptualization, foresight, stewardship, commitment to 77

the growth of people, and building community, 78

g. Maintaining truthfulness and honesty, 79

h. Upholding the rule of Student Government law and democratic principles, 80

i. Guarding against conflicts of interests for personal gain or abuses of power, 81

j. Taking responsibility for our own actions, 82

k. Being compassionate, benevolent, and fair. 83

l. Other standards as prescribed by Student Government law. 84

ARTICLE III - STRUCTURE 85

Section 1: The Student Government is comprised of three branches: Executive, Assembly, 86

and the Judiciary. 87

a. The executive power is vested in the Student Body President (hereafter referred to 88

as “President”). A Cabinet comprised of the President, Student Body Vice President 89

(hereafter referred to as “Vice President”), Chief of Staff, Directors of Student 90

Government Departments (hereafter referred to as “Departments”) will assist and 91

advise the President. 92

b. The legislative power is bifurcated; but is not bicameral, into two chambers. The 93

Student Senate (hereafter referred to as “Senate”) serves as the representatives and 94

legislative authority for all students, while the Graduate House of Representatives 95

(hereafter referred to as “House”) legislates on behalf of the graduate student body 96

only. Except where specifically provided for in this constitution, neither chamber 97

needs approval from the other to exercise their legislative authority. Together, they 98

are referred to as the Assembly. 99

c. The judicial power is vested in the Judiciary and consists of the Supreme Court, 100

Election Board, and other courts as established by the Senate. 101

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Section 2: Student Government is a representative democracy that serves the students of Texas 102

State University. Any member of the student body is encouraged to run for office 103

or apply for positions within Student Government. 104

Section 3: This constitution is the supreme law of Student Government and the basis for all 105

statutes of Student Government. No member or component of Student Government 106

may ever take any action to conflict with, or otherwise violate, this constitution or 107

statutes. 108

Section 4: The laws of Student Government are codified in a Student Government Code of 109

Laws. Bills, when properly passed and approved, will establish Student 110

Government law as statutes to guide specific actions and detail the methods by 111

which the provisions of this constitution, programs, and policies of Student 112

Government are to be executed. These acts will be codified as part of Code of Laws. 113

The code of laws has two parts: the bylaws and the operational procedures: 114

a. The bylaws relate to the Student Governments ethical rules, election rules, and 115

overall structure of the Student Government Code of Laws and are governed by 116

Texas State University System Regent’s Rules and Regulations Chapter VI, 117

Section 7.11. Amendments to the bylaws require review and approval from the 118

University President. 119

b. The operational procedures relate to the daily operation and administrative 120

regulations of Student Government, including all laws passed that are not the 121

bylaws, and are governed by SA/PPS 07.03.03.04. Amendments to these 122

procedures are subject to review and approval by the Dean of Students. 123

Section 5: No member may take undue liberties in the representation of Student Government 124

without authorization from either the House or Senate. 125

Section 6: Any cases or controversies that arise from this constitution may be resolved by 126

the Supreme Court. The Supreme Court will at no time declare parts of this 127

constitution invalid or unenforceable due to an interpreted conflict. 128

Section 7: No member will hold or exercise the powers of more than one office of Student 129

Government. Exceptions are made for those serving to fulfill additional duties as 130

outlined in this Constitution (e.g. Assistant Directors and Parliamentarians). No 131

person who holds office in the judiciary may serve in another branch of Student 132

Government at the same time. 133

Section 8: Terms of Office: 134

a. The President and Vice President serve a term of one year, unless they have been 135

removed, resign, ineligible, or unable to serve. 136

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b. The term of office for Senators and Representatives is two years, unless they have 137

been removed, resign, or are unable to serve. 138

c. The newly elected President and Vice President are sworn in by the university 139

President, or a designee, preferably at the first meeting of the Assembly or at a 140

public ceremony. Regardless of when the oath is administered, these officers 141

assume their powers on the third Monday in April at noon. 142

d. Newly appointed Representatives and both elected and appointed Senators will 143

assume their office on the third Monday in April at noon. Senators or 144

Representatives which are subsequently duly nominated and confirmed to office 145

will assume their office upon being administered the oath of office. 146

e. All members of Student Government will take an oath and affirmation upon taking 147

office which they are sworn to abide. 148

f. To establish rotating two-year terms for Senators, the Senate must be divided as 149

equally as possible into two classes based on odd and even years. The seats of the 150

Senators of the first class must be vacated at the expiration of the first session of 151

the new Senate. The second class must be vacated at the expiration of the second 152

session of the Senate. 153

g. Whenever the Senate or House have vacancies, they must only be filled for the 154

remainder of the unexpired term of office. 155

h. The Chief of Staff, Director(s), and Assistant Director(s) will serve a term of up to 156

one year and offer their resignation to a newly installed President. 157

i. Supreme Court Justices will serve a term of two years. 158

j. Election Board members will serve a term of two years. 159

k. Supreme Court Justices and Election Board members will be appointed to serve 160

alternating terms so that, as nearly as possible, one-half of the students serving will 161

step down each year. 162

l. Ex officio members of Student Government serve in an advisory capacity, do not 163

count towards quorum, and do not vote. Ex officio members must meet the same 164

qualifications as other members of Student Government. 165

Section 9: Qualifications: 166

a. As verified by the Dean of Students Office, all members of Student Government 167

must be enrolled as at least a part-time student as defined by Texas State University 168

except graduate students or students in their final semester of study. They must 169

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maintain good academic and disciplinary standing to participate in Student 170

Government. Exceptions may be considered by the Dean of Students in 171

extraordinary circumstances. 172

b. The President and the Vice President are required to have a 2.75 Texas State 173

University grade point average (GPA) to be eligible to run for office and, while in 174

office, must maintain a minimum 2.25 Texas State GPA. Graduate students wishing 175

to run for President or Vice President must have a 3.0 Texas State GPA and, while 176

in office, maintain a minimum 3.0 Texas State GPA. 177

c. For all other Student Government positions, whether elected or appointed, an 178

undergraduate student is required to have a minimum 2.5 Texas State GPA and, 179

while in office, must maintain a minimum 2.25 Texas State GPA. 180

d. For all other Student Government positions, whether elected or appointed, a 181

graduate student is required to have a minimum 3.0 Texas State GPA and, while in 182

office, must maintain a minimum 3.0 Texas State GPA. 183

Section 10: All meetings of Student Government are to be open to the public, except when 184

properly called into executive session or during deliberations of the Supreme 185

Court or Election Board. Executive sessions are private meetings and are not open 186

to the public when private, confidential, or other justified reasons require it. 187

Section 11: The Student Government Advisors are the Dean of Students and an assigned Dean 188

of Student staff person who serve a co-advisor to the whole organization and 189

provides daily operational support for the organization. In addition, the following 190

advisors to specific or specialized components of Student Government are 191

authorized: 192

a. A faculty advisor as appointed by the Provost, that can consult as needed for 193

advisory opinions regarding hearings and appeals. 194

b. The Dean of the Graduate College, or designee, will serve in an advisory role to the 195

Graduate House of Representatives and will provide advice when a need arises. The 196

Dean of the Graduate College may designate a co-advisor from the college staff or 197

faculty or may delegate their advisor role to said faculty or staff. 198

Section 12: No law that retroactively changes the legal consequences of an action are permitted. 199

Section 13: Proceedings of Student Government will be free of disruption as defined in 200

university policy UPPS No. 05.04.03, the student handbook on disruptive activities 201

policy or local, state, and federal law. 202

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ARTICLE IV - THE EXECUTIVE 203

Section 1: The President will, with the assistance of the Cabinet, supervise, manage, and 204

execute the various functions established by law for Student Government. The 205

Cabinet will advise and report to the President. 206

Section 2: The Cabinet will consist of the President, Vice President, Chief of Staff, the 207

Directors of Departments, and others as the Senate establishes by law. The 208

President may authorize other ex officio members. The Cabinet will meet once 209

weekly during the fall and spring semester at a time and location as determined by 210

the President. The President, or designee, will serve as Chair of the Cabinet. 211

a. The Senate Leader and House Leader may attend Cabinet meetings in an advisory 212

capacity only and will have no rights and be given no responsibilities as Cabinet 213

members, except that, at their own discretion, the right to attend Cabinet meetings. 214

b. The President can declare a Cabinet meeting in executive session, through 215

executive order not immediately following another executive session meeting. 216

Cabinet meetings convened in executive session will be attended only by the 217

President, Vice President, Chief of Staff, and Directors. 218

Section 3: If a sitting Senator is duly confirmed as a Director, they will automatically vacate 219

their Senate seat and become an ex officio Senator. If a non-Senator is duly 220

confirmed they will automatically become an ex officio Senator. 221

Section 4: The President will hold all executive powers as outlined in this constitution or as 222

established in law and be the chief executive of Student Government. The President 223

is the representative of all students and will: 224

a. Primarily pursue enactment or execution of duly approved bills and resolutions, 225

b. By the fifth day after passage and receipt of a House, Senate, or Assembly bill or 226

resolution have the power to veto it, immediately after which failing to do so will 227

result in the bill or resolution’s automatic approval and transmittal to the Dean of 228

Students, 229

c. Enforce and faithfully execute this constitution, the rules, regulations, statutes, and 230

policies of Student Government, 231

d. Have the power to negotiate written agreements between organizations or 232

university departments and submit them to the Senate for ratification before their 233

execution. 234

1. An agreement which triggers ratification under this section will be defined 235

as giving decision making power over the use of Student Government funds, 236

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property, goods, services, delegation of rights or responsibilities that are 237

rightfully that of Student Government, or the absorption of the rights or 238

responsibilities of another organization. 239

e. Have the power to call the Assembly into joint emergency or special session or 240

either chamber therein with at least three business days written notice, 241

f. Have the power to nominate students to fill vacancies in the Chief of Staff, Director, 242

and judicial positions and all other positions in the judiciary and executive as those 243

positions become established by law, 244

g. Have the power to remove the Chief of Staff, Directors, Assistant Directors, ex 245

officio Cabinet members, or any position in the executive for any reason, or no 246

reason whatsoever, 247

h. Have the power to appoint Department Assistant Directors from the Assembly 248

membership to be confirmed by their respective chamber, 249

i. Approve, through signature, House, Senate, and Assembly bills and resolutions, 250

j. Oversee and direct the activities of the Cabinet and Departments, 251

k. Have absolute veto power over actions of the Cabinet, 252

l. Appoint representatives from among the Student Body to university committees as 253

empowered by university policy or by Student Government law, 254

m. Report to the Assembly on the state of Student Government at the beginning of the 255

session. Throughout their term, they may provide other reports as necessary or as 256

called to do so by the Senate or House, 257

n. Have the power to call for a referendum as defined in university policy on 258

referendums, SA/PPS No. 07.09. 259

o. Have the power to call for a special election to fill vacant Senate seats, 260

p. Have the power to provide for the recess appointment of those positions the 261

President is empowered to nominate when vacancies arise, and the Senate is in 262

recess. The commissioning of these positions will expire upon the Senate’s next 263

meeting, unless properly nominated and confirmed upon the resumption of the 264

Senate. 265

Section 6: The President is relieved of office in any of the following situations: 266

a. They are no longer a member of Student Government, 267


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b. They no longer meet minimum qualifications for office: full-time student, good 268

academic or disciplinary standing, 269

c. Upon the exchanging of powers to a new President, 270

d. Conviction on Impeachment. 271

Section 7: The President may be temporarily removed from office in the following 272

situations: 273

a. Whenever the President transmits to the Senate Leader, House Leader, and Dean 274

of Students their written declaration that they are unable to discharge the powers 275

and duties of their office, and until the President transmits to them a written 276

declaration to the contrary, such powers and duties must be discharged by the Vice 277

President as Acting President. 278

b. Whenever the Vice President and a majority of the Cabinet transmit to the Senate 279

Leader, House Leader, and Dean of Students their written declaration that the 280

President is unable to discharge the powers and duties of their office, the Vice 281

President must immediately assume the powers and duties of the office as Acting 282

President. 283

1. Thereafter, when the President transmits to the Senate Leader, House 284

Leader, and Dean of Students their written declaration that no inability 285

exists, they must resume the powers and duties of the office unless the 286

Vice President and a majority of Cabinet, transmit within twenty-four 287

hours to the Senate Leader, House Leader, and Dean of Students their 288

written declaration that the President is unable to discharge the powers and 289

duties of the office. 290

2. Thereupon the Assembly shall decide the issue, assembling in joint 291

session within forty-eight hours of receiving the second letter for that 292

purpose. If the Assembly will determine by two-thirds vote that the 293

President is unable to discharge the powers and duties of the office, the 294

Vice President shall continue to discharge the same as Acting President; 295

otherwise, the President shall resume the powers and duties of the office. 296

Section 8: The Vice President will: 297

a. Serve as Chair of the Senate and Assembly, unless the responsibilities as Chair 298

under this section are duly delegated, in writing, by the Vice President to the 299

House or Senate Leader or in the event either chamber installs their Leader as 300

Chair by a Motion of No Confidence attaining a two-thirds approval of the 301

chamber, 302

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1. The Vice President will be removed from the Chair of either chamber for 303

the remainder of the Session if the chamber passes by a two-thirds vote a 304

“Motion of No Confidence in the Vice President.” The passage of a 305

Motion of No Confidence expresses the view of the chamber that the Vice 306

President no longer has the trust of the chamber or believes the person 307

cannot be effective in the performance of their duties. A Motion of No 308

Confidence may only be properly introduced when the Vice President has 309

exhibited any of the following: conduct unbecoming of their office, gross 310

inability as a practitioner of parliamentary procedures, is not an effective 311

Chair, dereliction of duty, violation of the Constitution or laws of Student 312

Government, crisis, scandal or other situation; which in the view of the 313

chamber, markedly restricts the Vice President’s ability to function as a 314

legitimate leader in the chamber. 315

b. Vote only in the event of a tie in the Senate, House and Assembly, regardless of if 316

they are serving as chair, 317

b. Have the power to call the Assembly, or either chamber, into emergency or special 318

session at a time and place at their discretion with at least three days’ written notice, 319

c. Assume the Office of the President, for the remainder of the term, in the event of 320

its vacancy, 321

d. Temporarily serve as Acting President in the event the President is incapacitated as 322

established by a decision of the Cabinet, 323

e. Temporarily yield their chair duties to the respective Senate or House Leader when 324

not in attendance for a Senate or House meeting, 325

f. At their discretion, delegate, in writing, chair duties to the Senate Leader as 326

“designee.” Delegation may be rescinded by the Vice President with written notice 327

transmitted to the Senate Leader with at least five days’ notice. 328

Section 9: The Vice President is relieved of duties in any of the following situations: 329

a. They are no longer a member of the Student Government, 330

b. They no longer meet minimum qualifications for office: full-time student, good 331

academic or disciplinary standing, 332

c. They can no longer execute the duties of office due to a prolonged or permanent 333

inability to perform their role as confirmed by a unanimous vote of the Cabinet, 334

d. They are impeached. 335

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Section 10: The Chief of Staff serves to assist the President and Cabinet. The Chief of Staff 336

will: 337

a. Serve as an advisor to the President, 338

b. Provide administrative and coordinative support to the Cabinet, 339

c. Plan the meetings of the Cabinet, under the direction of the President, including 340

taking minutes, attendance, and voting records, 341

d. Maintain the schedules of the President and Vice President, 342

e. Provide continuity during the transition of Student Government administrations. 343

The outgoing Chief of Staff will serve as a transition advisor for up to 60 days after 344

the installation of the new President, 345

f. Perform such other roles, functions and duties as may be provided by law and by 346

this constitution, 347

g. Review, revise, and implement the policies and procedures of the Departments. 348

Section 11: Student Government Departments 349

a. Each Student Government Department (referred to as “Department”) is headed by 350

one Director and various Assistant Directors, for which the function and operations 351

of Student Government may be organized. 352

b. The name, purpose, and number of Departments may from time to time be changed 353

by law provided that: 354

1. No more than six Departments may exist at any one time. 355

2. No Department may have overlapping responsibilities. 356

3. Of the established Departments, among them must be included: 357

(i) A Department of Finance having responsibility for the fiscal matters of 358

Student Government, 359

(ii) A Department of Marketing and Outreach having responsibility for 360

managing the media, communication, and public relations for Student 361

Government, 362

(iii) A Department of Diversity, Equity, and Inclusion having responsibility 363

for fostering discussion, dialogue, education, and advocacy of issues 364

important to underrepresented student populations. 365

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Section 12: Department Directors manage the affairs and coordinate the activities of their 366

respective Departments and will: 367

a. Report to and take direction from the President, 368

b. Have administrative, supervisory, and management powers, 369

c. Attend every Senate meeting to answer questions about their Department and 370

provide advice to the Senate on legislation affecting areas of departmental interest, 371

d. Provide an oral or written report to the House and Senate on departmental activities 372

each semester and when otherwise called to do so. 373

e. Attend House meetings upon request from the House Leader to answer questions 374

about their Department and provide advice to the House on legislation affecting 375

areas of departmental interest 376

Section 13: Department Assistant Directors take direction from their respective Directors and 377

will provide assistance through planning and implementation of the goals and 378

activities of their Department. 379

ARTICLE V - THE ASSEMBLY 380

Section 1: The Assembly consists of two chambers, the Senate and the House. 381

Section 2: The Assembly will meet at least once each year on the third Monday of April at a 382

time and place established by the Vice President, but which must occur after noon. 383

This annual meeting will constitute a new session of the Assembly and will be 384

consequently numbered in ascending order under this constitution starting with the 385

9th session. 386

Section 3: Quorum is required to conduct business. A vote will not be held without a quorum 387

under any circumstance. Quorum in a Joint Session of the Assembly is defined as 388

one more than half of the total number of Senators and Representatives on the roster 389

at time the meeting is called of which at least 4 must be Representatives 390

Section 4: In the event that quorum is not met, the chair of the meeting may hold the 391

membership of the Assembly for a time period not to exceed 45 minutes while all 392

constitutional and parliamentary procedures are exercised to attain quorum. 393

Section 5: A majority vote, in all contexts under this constitution, means a number greater than 394

half of the total of those present and eligible to vote. 395

a. For the purposes of determining the majority in a vote, abstentions have no effect 396

on the result, only affirmative and negative votes will be counted. All abstentions 397

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will change the threshold of passage based solely on the cast affirmative and 398

negative votes. There will be no impact to the quorum requirements. 399

b. A member who desires to abstain from a vote must state the reason before making 400

the abstention as their vote is recorded. The statement will be entered into the 401

official record. 402

Section 6: Final votes on all legislation are to be conducted by roll call, except legislative 403

amendment voting which may be conducted with a vote by voice or other such 404

method the Assembly decides. Roll call votes are to be recorded in such a way that 405

the vote can be connected to the member who cast it. Secret ballot voting is 406

prohibited under all circumstances, except for elections. 407

Section 7: Each member of the Assembly has one vote. A member must be present when their 408

name is called in order to cast a vote. Proxy voting is prohibited. 409

a. For House Representatives, voting by teleconference is only allowed with 410

permission of the Chair. 411

b. For Senators, voting by teleconference is only allowed with permission of the Chair 412

and the Senator must be part of the Round Rock Campus. 413

Section 8: Legislation and the subjects therein that are properly presented to the Assembly and 414

fail to attain approval cannot be brought up again in the same session except upon 415

consideration of a veto override. 416

Section 9: No one may amend or alter a properly passed statute or action of the House and 417

Senate without the permission of the originating legislative body, except to bring it 418

into compliance with grammatical standards, university policy or local, state, and 419

federal laws. In the event an amendment or alteration must be made under this 420

section, the President will be responsible for reporting the specific changes at the 421

next regular meeting of the House and Senate and the changes will be recorded in 422

the meeting minutes. 423

Section 10: In Joint Session of the Assembly only the members of the Assembly have the right 424

to speak during debate and discussion, this includes ex officio members of both 425

chambers. 426

Section 11: A Joint Conference Committee of both chambers will be established to facilitate 427

the reconciliation of differences of opinion, resolutions, and bills between the 428

Senate and House. The Assembly may establish other joint committees as needed. 429

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Section 12: Any legislation originating in the Senate or in the House, except for articles of 430

impeachment, can be considered Joint legislation (Joint Bill or Joint Resolution) as 431

long as it is sponsored by at least one member of each chamber. 432

a. A Joint bill or resolution is considered passed when the same version of the 433

legislation has been approved by a majority of both chambers. If a chamber amends 434

legislation after it has been approved by the other chamber, the legislation must 435

then be brought back before the other chamber for approval. 436

Section 13: A joint Nominations and Appointments Committee established by the Senate will 437

determine if applicants or nominees proposed by the President meet Student 438

Government standards for appointments to Cabinet, Judicial, and vacant elected 439

Senate positions. The committee will recommend qualified applicants or nominees 440

to be considered for confirmation by the Senate or when the student is a graduate 441

student, confirmation by the Senate and House. 442

Section 14: The Nominations and Appointments Committee will have seven members 443

including the Senate Leader as chair and the Senate Parliamentarian as vice chair. 444

At least three members will be Senators nominated by the Senate Leader and 445

confirmed by two-thirds vote of the Senate. At least one member will be a 446

Representative selected by the House. The Senate Leader will nominate 447

replacement members in the event of a committee vacancy to be confirmed by the 448

Senate. Members of the committee will remain members for two years, unless they 449

are no longer a Senator or House member or resign from the committee. 450

a. The Nominations and Appointments Committee will make their recommendations 451

within seven days after receiving an application. Should the committee fail to make 452

their recommendations, the committee will be dissolved by the Vice President and 453

new members will be selected. 454

Section 15: All pending legislation and the subjects therein end upon the first meeting of a new 455

session 456

Section 16: The Chair of the Senate, House, or Assembly will: 457

a. Preside over meetings of the chamber for which they are empowered by this 458

constitution or as prescribed by law, 459

b. Propose the agenda, 460

c. Have the power to nominate the chairs of Senate committees, except where 461

provided in this constitution or as established by law, 462

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d. Have the power to remove the Chair of any committee with written justification 463

transmitted to the Senate, 464

e. Have the power to assign and remove Senators to Senate committees, 465

f. Have the power to assign and remove Representatives to House committees, 466

g. Be impartial as Chair of the Senate, House or Assembly, 467

h. Have the power to assign legislation to committees, 468

i. Have the power to utilize reasonable discretion in taking procedural actions, 469

accepting or making motions, or suggesting actions intended to increase the 470

productivity of the chamber, so long as it is in compliance with applicable laws and 471

this constitution, subject to override by a majority of the chamber, 472

j. Yield a ruling decision to the Vice President when a conflict of interest arises that 473

includes the Senate or House Leader acting as chair and the chamber’s 474

Parliamentarian. 475

ARTICLE VI - THE STUDENT SENATE 476

Section 1: The Senate are the elected and duly appointed representatives of all students, both 477

graduate and undergraduate. 478

Section 2: The Senate possesses legislative powers of the Student Government, legislates on 479

behalf of all students, and exercises the powers stated herein. The Senate will only 480

legislate: 481

a. To fulfill the purpose of Student Government or enforce the powers granted to it by 482

this constitution through bills. Upon passage and approval of these bills, they will 483

become statute and Student Government law except for those matters that require 484

a bill to be passed by both the Senate and the House, and 485

b. To grant authorization for members of Student Government to represent the 486

interests of the students to the administration through passage and approval of a 487

resolution. 488

Section 3: The Senate is composed of 45 Senators in total. There are 33 at-large Senators who 489

are elected from the student body, and 12 Senators who are appointed by respective 490

organizations to represent students from underrepresented groups as outlined in 491

Article VI, Section 4. All Senators have equal rights and responsibilities. 492

Section 4: The 12 Senators appointed by the organizations will be distributed as follows: 493

a. Four from Underrepresented Students Advisory Council (USAC), 494

17

b. One from Lambda of Texas State, 495

c. One from Freshman Council, 496

d. One from Non-Traditional Student Organization (NTSO), 497

e. One from Foster Care Alumni Creating Educational Success (FACES), 498

f. One selected by the Office of Disability Services (ODS), 499

g. One from Residence Hall Association (RHA), 500

h. One selected by the Office of International Student and Scholars Services (ISSS), 501

and 502

i. One from Veterans Alliance of Texas State. 503

Section 5: Quorum is required to conduct business and is defined in the Senate as one more 504

than half of the Senators on the roster at the time a meeting starts. A vote will not 505

be held without a quorum under any circumstance. 506

Section 6: In the Senate only the members of the Senate have the right to speak during 507

debate and discussion. This includes ex officio members. 508


membership of the chamber for a time period not to exceed 45 minutes while all 510


Section 8: A special election must occur to fill vacant Senate seats if membership falls below 512

22 Senators. 513

Section 9: Any action by the Senate must have attained at least a majority vote of Senators to 514

pass. The Senate may prescribe a higher threshold as it deems necessary. 515








Section 10: The Senate is comprised of the Senate Leader, Senators, and other officers of the 523

Senate as prescribed by law. 524

18



method the Senate decides. Roll call votes are to be recorded in such a way that 527

the vote can be connected to the member who cast it. Secret ballot voting is 528

prohibited under all circumstances, except for elections. 529

Section 12: Each member of the Senate has one vote. A member must be present and, in the 530

room, when their name is called in order to be counted. Proxy voting is prohibited. 531

a. For Senators, voting by teleconference is only allowed with permission of the 532

Chair, and the Senator must be part of the Round Rock Campus. 533

Section 13: The Senate will have the sole power to try all impeachments. 534

Section 14: Simple resolutions express the will of the Senate as co-equal component of Student 535

Government, exercising the powers granted to it in this constitution, or performing 536

non-binding ceremonial purposes and are not eligible for veto. Such resolutions 537

include: 538

a. Review, and if so choosing, confirm all nominations made by the President, 539

b. Confirm Senate committee chair nominations, 540

c. Ratify agreements negotiated by the President. 541

d. Override a Presidential veto of its bills or resolutions by two-thirds vote of those 542

present. 543

e. Originate resolutions proposing to amend the Student Government Constitution, 544

f. Changing the date, time, or location of a Senate meeting, 545

g. Try all impeachments. 546

h. Remove through expulsion a Senate member by two-thirds for: 547

1. Behavior contrary to the Student Government Constitution, Student 548

Government rules, codes, or standards, 549

2. Violating the code of student conduct, federal or state law, 550

3. Misrepresenting the will or official position of the Student Government, 551

4. Abandonment of duty, or 552

5. Abuse of power in their position. 553

Section 15: Senators who have been expelled may appeal their expulsion to the Supreme Court 554 on due process grounds only. 555

19

Section 16: A resolution expresses the opinion of the Student Body. Through a resolution, the 556

Senate will have the legislative power to: 557

a. Make a recommendation or express student opinion to the university 558

administration, addressing any issue of student concern, 559

b. Provide suggested language for a referendum with a two-thirds vote of those 560

present and is forwarded to the President for signature to issue a call for referendum, 561

Section 17: Through a bill, the Senate will have the legislative power to: 562

a. Establish rules and procedures for the efficient operation of the Senate, 563

b. Establish, disband, and regulate Departments, 564

c. Establish, disband, and regulate the formation of other Cabinet positions, 565

d. Establish, dissolve, and regulate Senate committees, 566

e. Establish a process for conducting trials of impeachment, 567

f. Establish and amend rules relating to elections, 568

g. Establish rules for the operations and business of the Student Government, 569

h. Establish a process to fill vacant Senate seats, 570

i. Establish courts lower than the Supreme Court, though they may not establish 571

courts with overlapping jurisdiction, 572

j. Establish a committee that will review fill vacancies of at-large Senator positions 573

and Presidential nominees to Judicial, and Cabinet positions, known as the 574

“Nominations and Appointment Committee”, 575

k. Establish regulations on the judiciary which do not have the effect of interfering in 576

the judiciary’s independence, scope, impartiality, dignity, accessibility, or 577

effectiveness, 578

l. Establish the annual operating budget of the Student Government, 579

m. Originate bills that regulate the budget allocation process, 580

n. Originate bills governing the ethics and standards of conduct and establishing a 581

means of disciplinary review, including sanctions for all members of Student 582

Government, 583

20

o. Legislate all statutes which are necessary and proper for execution of all powers 584

granted to all components of Student Government as prescribed in this constitution. 585

The House will be exempt from Senate regulation unless they approve, 586

Section 18: The Senate, by a two-thirds votes, has the power to exercise its legislative and 587 oversight functions to: 588

a. Conduct investigations, 589

b. Require testimony of members, 590

c. Require the release of documents regarding organization matters. 591

d. The powers in this section are limited to Student Government and its members. The 592

Judiciary is exempt from these powers. 593

Section 19: The Senate Leader must transmit passed legislation to the President within two days 594 for Presidential signature. Once received, the President has up to five days to sign 595

or veto legislation. 596

a. In the event a President fails to sign or veto legislation within five days, it is the 597

duty of the Leader to forward legislation to the Dean of Students whereby 598

resolutions are made the official recommendation of Student Government, and bills 599

are advanced for approval by the Dean of Students so that they become statutes and 600

Student Government law. 601

Section 20: The Senate must override a Presidential veto of its bills or resolutions at its next 602

regularly scheduled meeting, in the same session, for the override to be valid. 603

Section 21: The Senate Leader is the highest-ranking Senator. The Leader must be elected by a 604

majority vote of the Senate by the second meeting of each new session, be a Senator 605

sitting in the current session and maintain their current status as a Senator to retain 606

the position. The Senate Leader will: 607

a. Fulfill the duties of the Vice President in their absence as allowed by the 608

Constitution, 609

b. Manage and coordinate operations within the Senate, 610

c. Transmit passed legislation to the President for signature, 611

d. Have the power to call the Senate into emergency or special session, with three 612

days’ notice, when deemed appropriate, 613

e. Serve as chair of the Nominations and Appointments Committee, 614

21

f. Assume the Office of the Vice President in the event of its vacancy. 615

Section 22: The Senate Parliamentarian serves to preserve order at meetings of the Senate or 616

Assembly. The Parliamentarian must be elected by a majority vote of the Senate by 617

the second meeting of each new session, be a Senator sitting in the current session 618

and maintain their current status as a Senator to retain the position. The Senate 619

Parliamentarian will: 620

a. Preserve order during meetings, 621

b. Assist with issues of parliamentary procedure, 622

c. Act as Sergeant-at-Arms, per Robert’s Rules of Order, 623

d. Not rule on legislation for which they author or co-author, sponsor or motions they 624

make or second, 625

e. Perform other duties as assigned by the Chair or as approved by the Senate. 626

Section 23: The Senate Leader or Parliamentarian will be removed from their officer position 627

upon the passage of a Vote of No Confidence Resolution by a two-thirds vote of 628

their peers. The passage of a Vote of No Confidence Resolution expresses the view 629

of the Senate that the officer no longer has the confidence of their peers and that 630

the Senate believes the person cannot be effective in the performance of their duties. 631

A Vote of No Confidence may be due to conduct unbecoming of their office, 632

dereliction of duty, violation of the Constitution or laws of Student Government, 633

violation of code of ethics or other situation as prescribed by law; which in the view 634

of their peers, markedly restricts the Senate Leader’s or Parliamentarian’s ability to 635

function as a legitimate representative of the Senate. 636

a. A Resolution on a Vote of No Confidence must never be submitted as emergency 637

legislation and must always be read twice to the Senate. 638

b. On the first reading, the Resolution must only be read to the Senate. On the second 639

reading, debate, discussion and a vote must occur on the Resolution. 640

c. Vote of No Confidence Resolutions must provide, in detail, the justification for the 641

removal. 642

d. Passage of a Vote of No Confidence will result in the removal from their officer 643

position, though they retain their position as a Senator. This section does not 644

prohibit the issuance of further charges or proceedings including but not limited to 645

removal from office through expulsion. 646

Section 24: Committee chairs will be members of the Senate and confirmed by the Senate. 647

22

Section 25: Committees are classified differently from Departments based on the following 648

criteria, if it: 649

a. Reviews legislation, 650

b. Reviews actions of the university, 651

c. Investigates an issue of importance to the Student Body, or investigates a matter 652

related to Student Government. 653

Section 26: The Senate will meet on the first Monday of the first full week of classes in the fall 654

semester at a time and location as predetermined by the Senate Chair, and thereafter 655

every Monday at that same time and location. The Senate will enter recess in the 656

fall semester during the first week of finals until the first full week of classes in the 657

Spring semester, and again in the Spring semester on the first week of finals until 658

the first full week of classes in the Fall semester. The Senate will not meet on 659

holidays, or during any university closure. Any change to the meeting time or place 660

after having been set on the first meeting will require two-thirds approval of the 661

Senate. The Senate Chair may change the meeting location and time due to an 662

unexpected university situation. 663

Section 27: The time, place, and agenda of Senate meetings will be made public on the Student 664

Government website at least three days beforehand. All proceedings will be 665

documented, including final votes of legislation, which must be made public within 666

three days after the meeting. 667

Section 28: Meetings must be conducted in accordance with the procedures established by the 668

Senate. If a procedure is not established, Robert’s Rules of Order must be used. 669

Section 29: Legislation and the subjects therein that are properly presented to the Senate and 670

fail to attain approval cannot be brought up again in the same session except when 671

overruling a veto of the President. 672


session. 674

ARTICLE VII - THE GRADUATE HOUSE OF REPRESENTATIVES 675

Section 1: The House is composed of the duly appointed representatives of graduate students. 676

Section 2: The House will have limited regulatory power over the rest of Student Government 677

but must exercise exclusive rights over the regulation of the House. The House will 678

have sole power of Impeachment. 679

23

Section 3: The House possesses limited legislative powers over Student Government, 680

legislates on behalf of graduate students, and exercises the powers stated herein. 681

The House will only legislate: 682

a. Through resolution, expressing the opinion and will of the graduate students at 683

Texas State University, or to concur or reject, when constitutionally permitted, 684

Senate bills or resolutions, 685

b. To regulate the House through bills which, when properly passed and approved, 686

will become a statute and Student Government law, 687

c. Review and approve legislation relating to the Judiciary, 688

d. Review and approve amendments to this constitution. 689

Section 4: The House is composed of the Representatives and other House officers as 690

prescribed by law. The House will be apportioned with two seats for each of the 691

following graduate-degree granting colleges: Applied Arts, McCoy College of 692

Business Administration, Education, Fine Arts and Communications, Health 693

Professions, Liberal Arts, and Science and Engineering. 694

Section 5: Quorum is required to conduct business and is defined in the House as one more 695 than half the total number of Representatives in the House as apportioned by the 696

constitution. A vote will not be held without a quorum under any circumstances. 697


membership of the chamber for a time period not to exceed 45 minutes while all 699


Section 7: Any action by the House must have attained at least a majority vote of 701

Representatives to pass. The House may prescribe a higher threshold as it deems 702

necessary. 703










method the House prescribes by law. Roll call votes are to be recorded in such a 713

24

way that the vote can be connected to the member who cast it. Secret ballot voting 714

is prohibited under all circumstances, except for elections. 715

Section 9: Each member of the House has one vote. A member must be present when a vote 716

is conducted in order to be counted. Proxy voting is prohibited. 717

a. For House Representatives, voting by teleconference is only allowed with 718

permission of the Chair. 719

Section 10: Simple resolutions express the will of the House as a component of Student 720

Government, exercising the powers granted to it in this constitution, or preforming 721

non-binding ceremonial purposes and are not eligible for veto. Such acts include: 722

a. Override a Presidential veto of its bills or resolutions by two-thirds vote, 723

b. Review, and if so choosing, confirm graduate students nominated by the President 724

to positions, 725

c. Confirm House committee chair or other officer nominations. 726

d. Review and revise, through amendment, resolutions from the Senate proposing 727

changes to the Constitution, 728

e. Approve Articles of Impeachment. 729

f. Remove through expulsion a House member by two-thirds vote for: 730

1. Behavior contrary to the Student Government Constitution, Student 731 Government rules, codes, or standards, 732

2. Violating the code of student conduct, federal or state law, 733

3. Misrepresenting the will or official position of the Student Government, 734

4. Abandonment of duty, or 735

5. Abuse of power in their position. 736

Section 2: Representatives who have been expelled may appeal their expulsion to the Supreme 737 Court on due process grounds only. 738

Section 11: A Resolution expresses the opinion of the graduate student body. Through a 739

resolution, the House will have the legislative power to: 740

a. Make recommendations or express the opinion of the graduate student body to the 741

university administration, 742

Section 12: Through a bill, the House will have the legislative power to: 743

25

a. Establish rules, eligibility standards, operations, and business of the House, 744

b. Regulate selection of its members and fill vacancies as needed, 745

c. Establish House committees, which must follow the same criteria for classification 746

as a committee as is done in the Senate, as it sees fit, 747

d. Concur, reject or propose amendment to changes, regarding ethics, member 748

performance standards, and discipline for any such bill originating in the Senate to 749

be considered passed and sent to the President for approval and enactment, 750

e. Approve or reject Senate changes to the rules regarding the budget allocation 751

process, except for specific fund allocation decisions made by the Senate. 752

Regardless of House approval, legislation is sent to the President for approval and 753

enactment, 754

f. To review and provide nonbinding feedback on the annual operating budget of the 755

Student Government, 756

Section 13: The House Leader must transmit passed legislation to the President within two days 757

for Presidential signature. Once received, the President has up to five days to sign 758

or veto legislation. 759

a. In the event a President fails to sign or veto legislation within five days, it is the 760

duty of the Leader to forward legislation to the Dean of Students whereby 761

resolutions are made the official recommendation of Student Government, and bills 762

are advanced for approval by the Dean of Students so that they become statutes and 763

Student Government law. 764

Section 14: The House must override a Presidential veto of its bills or resolutions at its next 765

regularly scheduled meeting, in the same session, for the override to be valid. 766

Section 15: The House Leader will serve as chair of the House and is the highest-ranking 767

Representative. The Leader must be elected by a majority vote by the adjournment 768

of the first House meeting of each new session, must be a Representative sitting in 769

the current session, and must maintain their current status as a Representative to 770

retain the position. The House Leader will: 771

a. Manage and coordinate operations within the House, 772

b. Transmit passed legislation to the President for signature, 773

c. Have the power to call the House into emergency or special session, with three 774

days’ notice, when they deem it appropriate. 775

26

Section 16: The House Parliamentarian serves to preserves order at meetings of the House or 776

Assembly. The Parliamentarian must be elected by a majority vote of the House by 777

the second meeting of each new session, be a Representative sitting in the current 778

session and maintain their current status as a Representative to retain the position. 779

The House Parliamentarian will: 780

a. Preserve order during meetings, 781

b. Assist with issues of parliamentary procedure, 782

c. Act as Sergeant-at-arms, per Robert’s Rules of Order, and 783

d. Not rule on legislation for which they author or co-author, sponsor or motions they 784

make or second, 785

e. Perform other duties as assigned by the Chair or as approved by the House. 786

Section 17: The House Leader or Parliamentarian will be removed from their officer position 787

upon the passage of a Vote of No Confidence Resolution by a majority vote of their 788

peers. The passage of a Vote of No Confidence Resolution expresses the view of 789

the House that the officer no longer has the confidence of their peers and that the 790

House believes the person cannot be effective in the performance of their duties. A 791

Vote of No Confidence may be due to conduct unbecoming of their office, 792

dereliction of duty, violation of the Constitution or laws of Student Government, 793

violation of the code of ethics or other situation as prescribed by law, which in the 794

view of their peers, markedly restricts the House Leader’s or Parliamentarian’s 795

ability to function as a legitimate representative of the House. 796

a. A Resolution on a Vote of No Confidence must never be submitted as emergency 797

legislation and must always be read at least once to the House. 798

b. On the first reading, the Resolution can be read, debated, discussed and a vote can 799

be conducted. 800

c. Vote of No Confidence Resolutions must provide, in detail, the justification for the 801

removal. 802

d. Passage of a Vote of No Confidence will result in the removal from their officer 803

position, though they may retain their position as a Representative. This section 804

does not prohibit the issuance of further charges or proceedings including but not 805

limited to removal from office through expulsion. 806

Section 18: Committee chairs will be members of the House and will be nominated and 807

confirmed by the House. 808

27

Section 19: The House will meet on the first Friday of the first full week of classes in the fall 809

semester at a time and location as predetermined by the House Chair and thereafter 810

every other Friday at that same time and location. The House will enter recess in 811

the Fall semester during the first week of finals until the first full week of classes 812

in the Spring semester, and again in the Spring semester on the first week of finals 813

until the first full week of classes in the Fall semester. The House will not meet on 814

holidays or during any university closure. Any change to the meeting time or place 815

after having been set on the first meeting will require a two-thirds approval of the 816

House or as established by law. The House Chair may change the meeting location 817

and time due to an unexpected university situation. 818

Section 20: The time, place, and agenda of House meetings will be made public on the Student 819

Government website at least three days beforehand. All proceedings will be 820

documented, including final votes of legislation, which must be made public within 821

three days after the meeting. 822

Section 21: Meetings must be conducted in accordance with the procedures established by the 823

House. If a procedure is not established, Robert’s Rules of Order must be used. 824

Section 22: Legislation and the subjects therein that are properly presented to the House and 825

fail to attain approval cannot be brought up again in the same session except when 826

overriding a veto of the President. 827


session 829

ARTICLE VIII - THE JUDICIARY 830

Section 1: The judicial power of the Student Government is vested in the Supreme Court, 831

Election Board and in such other lower courts that the Senate may establish by law. 832

The Judiciary will minimally consist of the Supreme Court and Election Board. 833

a. “Court(s)” for the purposes of Student Government, are defined as the bodies of 834

Student Government which may hear testimony and provide remedy to specific 835

cases, such as the Supreme Court, Election Board, and other courts the Senate may 836

establish by law. 837

b. The Senate cannot establish lower courts with overlapping jurisdiction, 838

c. The only and final appeals court in Student Government will be the Supreme Court. 839

Section 2: The Supreme Court is the superior court and the only appellate court within Student 840

Government. The Supreme Court has the power of Judicial Review and Judicial 841

Remedy in relation to the constitutionality of any action of Student Government. 842

28

The Supreme Court has original jurisdiction involving cases between two or more 843

components of Student Government, any issues of constitutional interpretations and 844

appeals from the Election Board. 845

a. For every petition submitted to the Supreme Court, the justices must determine by 846

a majority vote whether to hear the case or not, 847

b. In matters concerning other rules and regulations where the Senate has established 848

other courts, the Supreme Court has appellate jurisdiction, 849

c. The Supreme Court is the final interpreter of all legislative or policy instruments 850

under this constitution for the Student Government, 851

d. The Supreme Court interprets the Constitution as written and makes no judgment, 852

opinion, or order relating to the Constitution’s validity or correctness. The same 853

restriction will apply to all components of the Judiciary, 854

e. When the Supreme Court has reached a majority decision, it will issue orders and 855

opinions that are binding for all members of the student body in the context of the 856

Student Government. Any person in violation of these opinions or orders will be 857

considered in violation of this constitution. This same power may be granted to 858

other courts established by the Senate, 859

k. The Supreme Court will have the power to summon members of the student body 860

to appear before it and require the production of documents and testimony when 861

related to Student Government matters. This same power may be granted to other 862

courts established by law. 863

l. The Supreme Court and all other courts will provide relief and remedy to issues 864

deemed actionable under its jurisdiction, 865

m. In the event of a violation of any court orders the Supreme Court may, by majority 866

vote of all Justices, hold in contempt and suspend members from their office, until 867

such time as they win appeal or comply with the order. 868

Section 3: There are seven Supreme Court Justices, of which at least one will be a graduate 869

student. From the seven Justices one will be elected by a majority of the Justices to 870

serve as Chief Justice; no election for Chief Justice will occur if the Court has fewer 871

than three Justices seated and present at said election. 872

a. The Chief Justice will be the chief administrative officer and oversee the functions 873

of the Judiciary and will hold office for a term of two years or until they resign, 874

become ineligible to serve, or are removed from office, 875

29

b. Justices will hold office for a term of two years or until they resign, become 876

ineligible to serve, or are removed from office, 877

c. The courts will not hear a case while having fewer than three Justices seated on the 878

Supreme Court and are present at the court’s proceedings, 879

d. An evenly split court will result in upholding a lower court or Election Board 880

decision, 881

e. Where the Supreme Court is unable to fulfill its duties due to a lacking number of 882

Justices or procedures conflict to conduct hearings, an aggrieved party may appeal 883

to the Dean of Students for remedy. The Dean of Students will assume all powers 884

of the court to hear a case. 885

Section 4: The student members of the Supreme Court will be appointed to serve alternating 886

terms so that, as nearly as possible, one-half of the students serving as Justices will 887

step down each year. 888

Section 5: In cases that the applicant pool does not yield at least five qualified applicants, the 889

Dean of Students may recommend eligible candidates to the President for 890

nomination. 891

Section 6: The Election Board: 892

a. There will be five Election Board members. From the five members, one will be 893

selected by the Chief Justice to serve as Chair. 894

b. The Election Board has original jurisdiction involving issues related to the Student 895

Government elections, special or general, and will enforce and interpret rules 896

relevant to the election process. The Board will enforce all provisions of the 897

Constitution, statutes, university policy and other relevant regulations in the context 898

of elections and campaigning. The Election Board is vested with all powers 899

necessary to bring forth just, appropriate, and reasonable remedies. The Election 900

Board will: 901

1. Have a minimum of three seated members present to hear a case, 902

i. If the Election Board cannot hear arguments due to the number of 903

members seated, the Supreme Court must assume all powers of the 904

board. 905

2. Decide which cases it hears by a majority vote, 906

3. Make decisions by a majority vote, 907

30

4. Have the power to issue temporary, appropriate, and reasonable relief or 908

remedy, 909

5. Have the power to summon members of the student body to appear before the 910

board and require the production of documents and testimony in relation to 911

an election matter, 912

6. Upon reaching a decision, issue orders and opinions that are binding for all 913

members of the student body. Any person in violation of these opinions or 914

orders will be considered in violation of this constitution and subject to 915

possible removal or bar from office, 916

7. Have broad powers to interpret, enforce and resolve election issues not 917

otherwise specified in the constitution or prescribed by law, 918

8. Have jurisdiction applying to on-campus and off-campus activities. 919

Section 7: Rights and Due Process 920

a. During any hearing conducted by the courts, the accused must be afforded certain 921

rights and the accused has certain obligations which must include: 922

1. A right to due process, meaning formal proceedings carried out regularly 923

and in accordance with established rules and principles that do not contain 924

provisions resulting in arbitrary treatment, 925

2. A right to be informed of and address the charges against them, 926

3. A right to a maximum of two Texas State students to serve as counsel, 927

4. An obligation to appear before any properly established proceeding to 928

answer questions and address the charges against them, 929

5. An obligation to answer questions truthfully both verbally and in written 930

communication. 931

6. An obligation to take an oath or affirmation to abide by the aforementioned 932

obligations. 933

Section 8: Appeals: 934

a. Decisions of the Election Board or other courts are first appealed to the Supreme 935

Court. The Supreme Court will render a decision within two days after hearing the 936

appeal, 937

31

b. Decisions of the Supreme Court may be appealed to the Dean of Students who will 938

review and render a final decision, 939

c. Appeals to each appellate level must be filed within three days following a decision. 940

Section 9: Judicial Independence: 941

a. No member of the Judiciary may be a candidate nor support candidates or alliances 942

for Student Government office in the year they seek application to the Judiciary, 943

b. No court will make a judgment, opinion or order relating to the Constitution’s 944

validity or subject matter correctness. 945

c. Members of the Judiciary must not serve in any appointed Student Government 946

position for one year after serving in the Judiciary. Members of Student 947

Government must not serve in the Judiciary for one year after serving in any other 948

non-Judiciary position. 949

d. Members of the Judiciary will not petition the court, present evidence, provide 950

testimony or embrace any subject before them or any other courts, 951

e. Members of the Judiciary must recuse themselves from proceedings when a conflict 952

of interest arises. 953

Section 10: Precedent: 954

a. The orders and opinions of the Supreme Court must have persuasive precedential 955

value on future Supreme Court proceedings. This means that previous rulings of 956

the Supreme Court must be used to help answer future cases of the same general 957

subject matter so that the same case does not often result in different outcomes. 958

Supreme Court decisions have binding precedential value overall proceedings of 959

all other courts. This means all courts below the Supreme Court, which includes 960

the Election Board, must adhere to, as a matter of case-law, the decisions of the 961

Supreme Court and may never decide counter to the Supreme Court’s rulings. 962

1. Opinions and orders of all other courts must have persuasive precedential 963

value on their future rulings, 964

2. The passage of time has no effect on the value of any court precedent, 965

3. The Supreme Court may vacate the precedent of the other courts, 966

4. The courts are permitted to overturn precedent so long as the decision is 967

justifiable under existing law, rooted in the legal text behind the case, and 968

32

the justification is thoroughly and accurately explained in the order 969

overturning the precedent. 970

ARTICLE IX - ELECTIONS 971

Section 1: The Election Board will oversee Student Government elections and referenda. 972

Section 2: General elections must be held once a year during the spring semester for four 973

consecutive class days starting on the third Monday in February. 974

Section 3: Candidates for office will run with shared goals as part of an alliance or 975

independently. 976

Section 4: Texas State students will cast one vote each for a President and Vice President 977

candidate, and one vote for each position available for Senate candidates. Votes are 978

cast for candidates, regardless of alliance or independent affiliation. 979

Section 5: A campaign agenda is a stated set of campaign principles or initiatives that provide 980

information about the candidates intended goals if elected. 981

Section 6: Candidates running as part of an “alliance,” must establish a shared campaign 982

agenda and a list of at least five candidates running for office: A President, Vice 983

President, and at least three Senators. 984

Section 7: Candidates running independently must establish a campaign agenda. 985

Section 8: Persons who are evaluating the decision to run for office will be allowed a period 986

of time to explore and gauge interest in forming an alliance based on shared ideas. 987

The exploration period will open on November 1 and close no later than the filing 988

deadline. During this period, a potential candidate may publicly recruit other 989

potential candidates to run on an alliance without the solicitation of votes. 990

Section 9: All current Senators and Representatives, who have a year remaining in their term, 991

must declare to the Election Board in writing their intent to complete the remainder 992

of their term or intent to leave office at the end of the session, by November 1 each 993

year. 994

a. Any declared vacancies will not be placed on the ballot and will be held over for 995

the next session to be filled by the process outlined in this constitution and as 996

prescribed by law. The selected replacement will only complete the remainder of 997

the unexpired term of office. 998

b. A Senator or Representative’s declaration of intent to leave office early at the end 999

of the session is irrevocable upon the conclusion of elections and are automatically 1000

resigned from office at the end of the session. 1001

33

Section 10: An alliance or an independent candidate must be certified by the Election Board in 1002

accordance with all provisions of this constitution and related laws. Filing to form 1003

an alliance or to run independently will begin on the first class day in December 1004

and close on the first class day in the spring semester. Students wishing to run for 1005

office will file to form an alliance or run independently by the deadline and include: 1006

a. A short concise name of the alliance or stating independence, 1007

b. The full name(s) and NetID(s) of the candidates seeking election under the alliance, 1008

or independently, 1009

c. A list of the positions sought by each candidate, 1010

d. A campaign agenda. 1011

Section 11: The President and Vice President candidates will serve as the alliance's leaders 1012

and must represent the alliance in public and respond to any official requests from 1013

the Election Board, Supreme Court or other duly empowered body. Independent 1014

candidates must represent themselves in public and respond to any official 1015

requests from the Election Board, Supreme Court or other duly empowered body. 1016

This section is not to be construed to deny the candidates use of students as 1017

counsel in their representation. 1018

Section 12: Final changes to the alliance or independent status must be submitted by the Friday 1019

of the first week of class in the spring semester. 1020

Section 13: After the filing deadline alliances cannot be dissolved, candidates cannot be added, 1021

and any candidates within an alliance that withdraw cannot be replaced, 1022

Section 14: A person may withdraw from running for office in writing, or withdraw from an 1023

alliance at any time, except while an alliance or member thereof is under 1024

investigation for violating election rules or while either is serving an election 1025

related sanction. 1026

Section 15: An alliance must have a candidate for President, Vice President, and a minimum of 1027

three Senate candidates to be certified, as prescribed by law. 1028

Section 16: Public campaigning dates and updated election rules will be published and 1029

maintained by the Election Board upon the opening of the initial filing date. 1030

Section 17: The President and Vice President must be elected by a majority of students voting 1031

in an election. At-large Senators must be elected by a plurality of students voting 1032

in an election. 1033

34

ARTICLE X - APPOINTMENTS AND NOMINATIONS 1034

Section 1: Appointed Senators must meet the same qualifications as at-large Senators: full-1035

time students as defined by Texas State University and maintain good academic 1036

and disciplinary standing. A Freshman student appointed to the position must have 1037

graduated in the top quarter of their high school class. 1038

Section 2: The times, location, and manner of selecting an appointed Senator may be 1039

prescribed by each organization or Texas State University department thereof; but 1040

the Senate may at any time by law make or alter such regulations, except as to the 1041

location of selection. 1042

a. If there are any vacancies in their representation, replacements will be selected by 1043

the President of these organizations or the affiliated Texas State University 1044

department. 1045

b. An appointed Senator must only serve as a designated representative for one group 1046

listed in Article X, Section 1. 1047

c. Each organization, except Freshman Council and Residence Hall Association, will 1048

select their Senators by the third Thursday of February each year. 1049

d. Freshman Council and Residence Hall Association must select their Senator on or 1050

before October 1 each year. 1051

e. Should one of the listed organizations in Article X, Section 1 no longer exist or be 1052

renamed, the name may be amended in each listing within this constitution by the 1053

university administration without a vote of the student body. 1054

Section 3: House Representatives must be selected by each college dean for appointment by 1055

March 15 of each year. 1056

Section 4: The Chief of Staff is directly nominated by the President and confirmed by the 1057

Senate. 1058

Section 5: The Department director(s) are nominated by the President, referred to the 1059

Nominations and Appointments Committee, which then reviews the nominee 1060

within seven days and if they approve will forward the nominee to the Senate for 1061

confirmation at their next meeting. Any member of the student body may apply and 1062

must have attended at least one semester as a full-time student as defined by 1063

university policy. 1064

Section 6: The Department assistant director(s) are directly appointed by the President from 1065

among the Assembly membership and confirmed by their respective chamber. 1066

35

Section 7: Positions in the Judiciary are nominated by the President, referred to the 1067

Nominations and Appointments Committee, the committee reviews the nominees 1068

and if they approve will forward the nominee to the Senate for confirmation. 1069

Graduate student nominees will also be confirmed by the House. Any member of 1070

the student body may apply and must have attended at least one semester as a full-1071

time student as defined by university policy. 1072

Section 8: In cases that the applicant pool for Supreme Court Justices or Election Board 1073

members does not yield at least five qualified applicants, the Dean of Students may 1074

recommend eligible candidates, and submit them to the President for nomination. 1075

Section 9: University committee representatives are appointed by the President in accordance 1076

with university policy and applicable law. 1077

ARTICLE XI - IMPEACHMENT AND REMOVAL 1078

Section 1: The President, Vice President, members of the Executive, members of the 1079

Judiciary, and others as prescribed by law will be removed from office if the House 1080

impeaches(i.e. formally charges) that official and if the official subsequently is 1081

convicted in a Senate impeachment trial by a two-thirds vote. 1082

Section 2: Impeachment is a process whereby the House brings formal charges of such acts 1083

deemed impeachable against the President, Vice President, members of the 1084

Executive, members of the Judiciary, and others as prescribed by law, similar to an 1085

indictment. The process evaluates the charges and decides if there is sufficient 1086

evidence to conduct a trial in the Senate. 1087

Section 3: Articles of Impeachment cannot be vetoed and do not need the approval of the 1088

President. Impeachable acts include: 1089

a. Violation(s) of this constitution, 1090

b. Violation(s) of the rules, regulations and laws of the Student Government, 1091

c. Violation(s) of orders or opinions of the Supreme Court or other courts, 1092

d. Gross violation(s) of the Code of Student Conduct and university policies, 1093

e. Dereliction of duty, 1094

f. Conviction of any federal, state, or local crime above a class C misdemeanor, 1095

g. Violation(s) of the Student Government Code of Ethics, 1096

h. Misrepresentation of the will or official position of the Student Government, 1097

36

i. Abuse of power in their position. 1098

Section 4: To impeach a President, Vice President, members of the Executive, members of the 1099

Judiciary, and others as prescribed by law, Articles of Impeachment must be 1100

introduced by three co-sponsoring Senators or Representatives and be passed by a 1101

majority vote in the House. Each charge will be a separate article under the Articles 1102

of Impeachment. The co-sponsoring members must include at least one Senator and 1103

at least one Representative, and one other co-sponsor from either chamber. 1104

Section 5: Articles of Impeachment must never be submitted as emergency legislation and 1105

must be read two times in the House, at a regularly called or specially called 1106

meeting for that purpose: 1107

a. The House must meet twice within a two-week period to read, debate, discuss, and 1108

vote on the Articles of Impeachment. 1109

b. At the first meeting the articles must only be read to the House. Within 7 days of 1110

the first meeting the House will meet again and at the second meeting the articles 1111

will be read a second time, debated and discussed followed by a vote on each Article 1112

of Impeachment, 1113

c. Articles must provide, in detail, the justification for the impeachment. 1114

d. If any one Article of Impeachment is approved by a majority vote of the House, the 1115

official will be Impeached. A person who has been impeached will be temporarily 1116

incapacitated in their role and will lose all powers and responsibilities granted under 1117

this constitution until such time as they are acquitted by the Senate or upon 1118

successful appeal. 1119

e. Approved articles will be forwarded by the House Leader to the Senate Leader and 1120

to the accused for trial in the Senate. 1121

Section 6: Upon passage of Articles of Impeachment in the House a trial will be conducted in 1122

the Senate. A trial is a process whereby the co-sponsoring authors of the Articles 1123

of Impeachment bring the approved Articles before the Senate with related 1124

testimony, witnesses, and evidence and may ask questions and get answers from 1125

the accused or witnesses present. The accused will answer the charges, provide their 1126

own testimony, answer questions, submit witnesses, and provide evidence and may 1127

ask questions of the witnesses present. At the end of the evidentiary process debate 1128

and discussion occurs in the Senate as with any legislative issue and a final vote is 1129

conduced whereby the Senators have two options: a vote of guilty or a vote of not 1130

guilty. 1131

37

a. The Senate will conduct a trial within seven days after the House approves of the 1132

Article(s) of Impeachment. Each article will be voted on individually. A two-thirds 1133

guilty vote on any one of the approved articles by the Senators present will 1134

constitute conviction. If none of the articles achieve a two-thirds guilty vote it will 1135

constitute an acquittal. 1136

b. When the President or Vice President is tried, the Chief Justice will preside over 1137

the trial. 1138

c. Conviction will constitute an immediate removal from office, and the guilty party 1139

will have three days to vacate physical offices and relinquish any Student 1140

Government property. They will not be allowed to hold any future office in Student 1141

Government. 1142

Section 7: A convicted member of Student Government may appeal the decision of the Senate 1143

trial based on: 1144

a. Whether or not the accused was afforded procedural due process (procedural due 1145

process being a fair trial construction, notice of the alleged impeachable offense(s), 1146

and an opportunity to present an adequate defense), 1147

b. Whether or not the conviction was supported by a preponderance of evidence, 1148

c. Whether or not new evidence is introduced that was not available at the time of the 1149

trial. 1150

d. An appeal is not a retrial; an appeals review will focus on arguments addressing the 1151

basis, listed above, of the appeal. 1152

Section 8: Appeals Process: 1153

a. After trial in the Senate, a convicted President or Vice President may: 1154

1. File an appeal of the decision to the Dean of Students. 1155

2. After a decision by the Dean of Students, file an appeal to the Vice President 1156

for Student Affairs for final determination. 1157

b. After trial in the Senate, a convicted member of the Judiciary, members of the 1158

Executive, or others as prescribed by law, who is not a President or Vice President, 1159

may: 1160

1. File an appeal of the decision to the Supreme Court, 1161

2. After a decision by the Supreme Court, file an appeal to the Dean of Students 1162

for final determination. 1163

38

c. Appeals must be filed within three days after a decision is rendered to the next 1164

appellate level. 1165

d. On a final reversal of conviction, the member will resume all previously held 1166

powers of office. 1167

Section 9: Persons receiving a stipend will receive that pay until such time as they have 1168

exhausted all appeals. Should the member be acquitted, they will reassume the 1169

powers of their office and the case will be closed. 1170

Section 10: The student body may remove any individual member of Student Government 1171

through a referendum that follows university policy on Referendums, SA/PPS No. 1172

07.09. 1173

ARTICLE XII - SUCCESSION 1174

Section 1: In the event of the removal or other vacancies of offices, the vacancy must be filled 1175

only for the remainder of the unexpired term. 1176

Section 2: In the event of a vacancy or removal of the President, the Vice President must 1177

immediately assume the powers of the presidency and will take the oath of office 1178

at a time and location scheduled by the university administration. 1179

Section 3: In the event of a vacancy or removal of the Vice President, the Senate Leader must 1180

immediately assume the vice presidency and will take the oath of office at a time 1181

and location scheduled by the university administration. 1182

Section 4: In the event of a vacancy or removal of both the President and the Vice President, 1183

the Senate Leader must immediately assume the powers of the presidency and will 1184

take the oath of office at a time and location scheduled by the university 1185

administration. 1186

a. If there is no Vice President or Senate Leader at the time of a presidential vacancy, 1187

a special election in the Senate will take place to elect a new President, new Vice 1188

President, and new Senate Leader from among current Senators no later than the 1189

next meeting of the session following the vacancy. 1190

Section 5: In the event of a vacancy or removal of Senate Leader or Senate Parliamentarian, a 1191

special election in the Senate will take place no later than the second meeting of the 1192

session following the vacancy. 1193

Section 6: In the event of a vacancy or removal of House Leader or House Parliamentarian, a 1194

special election in the House will take place no later than the second meeting of the 1195

session following the vacancy. 1196



39

Section 7: In the event of a vacancy or removal of the Chief Justice, the Supreme Court will, 1197

as soon as practicable, elect a new Chief from among the sitting Justices. 1198

Section 8: In the event of a vacancy or removal of an elected at-large Senator, the Nominations 1199

and Appointments Committee will review and recommend candidates to fill the 1200

vacancy and submit approved candidates to the Senate for confirmation. 1201

Section 9: In the event of a vacancy or removal of an appointed Senator, the president of the 1202

student organization or the affiliated Texas State University department will fill the 1203

vacancy. 1204

Section 1: In the event of a vacancy of a House Representative, the college Dean must appoint 1205

a new representative no later than the second meeting of the session following the 1206

vacancy. 1207

ARTICLE XIII - RATIFICATION 1208

Section 1: Upon ratification and approval, this constitution will supersede all other 1209

constitutions and will make void all rules, regulations, and court rulings established 1210

before its ratification, unless those rules are specifically paired with this 1211

constitution. 1212

Section 2: This constitution will be ratified after a two-thirds vote of the Senate and House, a 1213

majority of those students voting during a referendum, and upon final approval by 1214

the university President. This constitution will take effect 15 days after its 1215

ratification. 1216

Section 3: The Senate has the exclusive right to pass bills with instructions that outline how 1217

the new constitution should be implemented. 1218

Section 4: A five-member transitional committee will be established by the previous Student 1219

Government to include at least two current or former undergraduate Student 1220

Government members, at least one current or former graduate Student Government 1221

member and the Dean of Students as chair. The President will nominate committee 1222

members to be confirmed by the Senate. This committee is empowered to decide, 1223

with the Dean of Students’ approval, by what methods to best transition from the 1224

previous constitution and resolve any issues which may arise during this transition. 1225

This interim period and transitional committee’s power will last no longer than six 1226

months. 1227

ARTICLE XIV - AMENDMENTS 1228

Section 1: All amendments to the Constitution must be approved by the student body in a 1229

referendum. 1230

40

Section 2: The student body may petition to amend the Constitution through a referendum that 1231

follows university policy on referendums, SA/PPS No. 07.09. 1232

Section 3: The Senate may initiate amendments to the Constitution and with a two-thirds vote 1233

will be sent to the House. The amendment will be reviewed and pass the House 1234

with a two-thirds vote. The approved proposed amendment will be sent to 1235

referendum for approval by the student body in accordance with university policy 1236

on referendums, SA/PPS No. 07.09. 1237

Section 4: The President cannot veto constitutional amendment resolutions. 1238

Section 5: This Constitution may be amended by a majority vote of the Senate and House 1239

without a referendum vote of the student body, for the following reasons: 1240

a. On the advice of the transitional committee, 1241

b. In order to comply with university policy, procedures, rules and regulations or 1242

federal, state, and local laws. 1243

Section 6: The Student Government may only amend the Constitution every three years, 1244

except as allowed by this Constitution or with special permission of the Vice 1245

President for Student Affairs and University President. 1246

ARTICLE XV - STUDENT BODY RIGHTS 1247

Section 1: All students enrolled at Texas State University at the time of an election or 1248

referendums are eligible to vote. 1249

Section 2: Any student may petition to amend the Constitution through a referendum that 1250

follows university policy, SA/PPS No. 07.09. 1251

Section 3: All students enrolled at Texas State University have the opportunity to attend public 1252

proceedings of the House, Senate, and Supreme Court. 1253

Section 4: Any student may redress grievances with Student Government and may speak, with 1254

reasonable time and forum limitations, at the meetings of the Senate, House, and 1255

Assembly. 1256

Section 5: Any student may petition to recall an elected member of Student Government 1257

through a referendum that follows university policy, SA/PPS No. 07.09. 1258

Section 6: All students have the right to know who represents them in all aspects of Student 1259

Government. 1260

Section 7: Any member of the media will enjoy access to public meetings of Student 1261

Government. 1262





41

Section 8: The rules, regulations, and policies of Student Government are to be free of harmful 1263

discrimination based on race, color, national origin, age, sex, religion, disability, 1264

veterans’ status, sexual orientation, gender identity, or gender expression. 1265

Section 9: All students have rights and due process in any hearing or trial proceedings of 1266

Student Government and those include: 1267

a. A right to due process, meaning formal proceedings carried out regularly and in 1268

accordance with established rules and principles that do not contain provisions 1269

resulting in arbitrary treatment, 1270

b. A right to be informed of and address the charges against them, 1271

c. A right to a maximum of two Texas State students to serve as counsel, 1272

d. An obligation to appear before any properly established proceedings to answer 1273

questions and address the charges against them, 1274

e. An obligation to answer questions truthfully, both verbally and in written 1275

communication, 1276

f. An obligation to take an oath or affirmation to abide by the aforementioned 1277

obligations. 1278

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