| (a) The Texas Higher Education Foundation is designated
as the official nonprofit partner of the Board.
(b) The Chair of the Board and the Board of Trustees
of the Texas Higher Education Foundation may cooperatively appoint
a board of trustees for the organization, subject to the following
requirements:
(1) The Commissioner shall serve as an ex officio trustee
with no vote;
(2) Board employees may serve as an ex officio, non-voting
trustee, provided there is no conflict of interest in accordance with
all federal and state laws and Board policies. This provision applies
to the employee's spouse and children; and
(3) Members of the Board may serve on the Board of
Trustees of the Texas Higher Education Foundation, but such members
will not comprise a majority of the Board of Trustees.
(c) The Board shall review its relationship with the
Texas Higher Education Foundation on a schedule to be established
by the Board, but not less than once every 10 years.
(d) The Texas Higher Education Foundation may not expend
funds for the purpose of influencing legislative action, either directly
or indirectly.
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