Bill Text: TX HB1522 | 2021-2022 | 87th Legislature | Enrolled


Bill Title: Relating to the transfer of Midwestern State University to the Texas Tech University System, to certain fees charged by that system's governing board, and to mandatory venue for actions brought against that system or its institutions, officers, or employees.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Passed) 2021-06-08 - Effective on 9/1/21 [HB1522 Detail]

Download: Texas-2021-HB1522-Enrolled.html
 
 
  H.B. No. 1522
 
 
 
 
AN ACT
  relating to the transfer of Midwestern State University to the
  Texas Tech University System, to certain fees charged by that
  system's governing board, and to mandatory venue for actions
  brought against that system or its institutions, officers, or
  employees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  AMENDMENT. Chapter 109, Education Code, is
  amended by adding Subchapter E to read as follows:
  SUBCHAPTER E.  MIDWESTERN STATE UNIVERSITY
         Sec. 109.201.  ESTABLISHMENT; SCOPE. (a) Midwestern State
  University is a general academic teaching institution located in
  the city of Wichita Falls.
         (b)  The university is a component institution of the Texas
  Tech University System and is under the management and control of
  the board of regents of the Texas Tech University System.  The board
  of regents has the same powers and duties concerning Midwestern
  State University as are conferred on the board by statute
  concerning Texas Tech University.
         Sec. 109.202.  COURSES AND DEGREES; ADMINISTRATION. (a) The
  university shall offer undergraduate-level and graduate-level
  programs.
         (b)  The board of regents may approve degree programs,
  subject to the approval of the Texas Higher Education Coordinating
  Board, and adopt other rules necessary for the operation and
  management of the university.
         (c)  The university is subject to the authority of the Texas
  Higher Education Coordinating Board.
         Sec. 109.203.  UNIVERSITY OF FIRST RANK. The board of
  regents shall build and operate the university as a public liberal
  arts university of the first rank to offer the university's
  students, consistent with the university's mission, preparation
  for excellence in a variety of careers and exploration of a variety
  of interests. The university shall be equipped as necessary to do
  its work as well as comparable public institutions of higher
  education in this state.
         Sec. 109.204.  UNIVERSITY MUSEUM. The Texas Higher
  Education Coordinating Board shall include in the funding formula
  applicable to the university funding for the operation and
  maintenance of the museum acquired by the university in accordance
  with former Section 103.11.
         Sec. 109.205.  GIFTS AND GRANTS. The board of regents may
  solicit, accept, and administer gifts and grants for the use and
  benefit of the university.
         SECTION 2.  TRANSFER OF GOVERNANCE OF UNIVERSITY; ABOLITION
  OF BOARD OF REGENTS. The governance, control, management, and
  property of Midwestern State University are transferred from the
  board of regents of Midwestern State University to the board of
  regents of the Texas Tech University System.  The transfer is
  governed by Sections 3 through 8 of this Act. Following the
  transfer, the board of regents of Midwestern State University is
  abolished.
         SECTION 3.  POWERS AND DUTIES; RULES AND POLICIES. (a) When
  the transfer takes effect, the board of regents of the Texas Tech
  University System shall govern, operate, manage, and control
  Midwestern State University and all land, buildings, facilities,
  improvements, equipment, supplies, and property belonging to and
  constituting Midwestern State University under the powers and
  duties conferred by law on the board of regents.
         (b)  Midwestern State University may continue to award
  degrees in the same disciplines and of the same academic standing
  after the transfer authorized by this Act as those in which degrees
  were awarded by the university before this Act, subject to the
  authority of the Texas Higher Education Coordinating Board
  regarding existing degree programs.
         (c)  Rules and policies adopted by the board of regents of
  Midwestern State University to govern the university that are in
  effect when the transfer takes effect are continued in effect until
  adopted, repealed, or superseded by the board of regents of the
  Texas Tech University System. The board of regents of the Texas
  Tech University System may adopt rules and policies applicable to
  the university in anticipation of the transfer authorized by this
  Act.
         SECTION 4.  CONTRACTS AND WRITTEN OBLIGATIONS, INCLUDING
  BONDS. Contracts and written obligations of every kind and
  character entered into by the board of regents of Midwestern State
  University or the Texas Public Finance Authority for and on behalf
  of Midwestern State University, including bonds, are considered
  ratified, confirmed, and validated by the board of regents of the
  Texas Tech University System on the effective date of the transfer.
  In those contracts and written obligations, the board of regents of
  the Texas Tech University System is substituted for and stands and
  acts in the place of the board of regents of Midwestern State
  University or the Texas Public Finance Authority, as applicable, to
  the extent permitted by law.
         SECTION 5.  TUITION AND FEES. The tuition and fees
  authorized by the board of regents of Midwestern State University
  before the transfer of governance under this Act remain in effect
  until the board of regents of the Texas Tech University System
  authorizes a different amount of tuition and fees for the
  university as provided by law.
         SECTION 6.  EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
  (a)  The transfer of the governance of Midwestern State University
  under this Act does not affect the status of any student of the
  university enrolled at the university when the transfer takes
  effect.
         (b)  The transfer of the governance of Midwestern State
  University under this Act does not affect the employment status or
  accrued benefits of any person employed by the university when the
  transfer takes effect.
         SECTION 7.  CURRENT FUNDING. All funds that, on the
  effective date of the transfer, have been appropriated or dedicated
  to or are held for the use and benefit of Midwestern State
  University under the governance of the board of regents of the
  university are transferred to the board of regents of the Texas Tech
  University System for the use and benefit of the university. Other
  funds held for the use and benefit of Midwestern State University
  shall continue to be available for the use and benefit of the
  university notwithstanding the change in governance made by this
  Act.
         SECTION 8.  LEGISLATIVE INTENT; ROLE OF COORDINATING BOARD.
  It is the intent of the legislature that the transfer of the
  governance of Midwestern State University from the board of regents
  of the university to the board of regents of the Texas Tech
  University System be made without disrupting the students, faculty,
  staff, or programs of the university. If those boards of regents
  are unable to agree as to any matter relating to the transfer, the
  Texas Higher Education Coordinating Board on application of either
  board of regents shall resolve the disagreement consistent with the
  intent of this section and the provisions of this Act as the
  coordinating board determines is in the best interest of this state
  and the institutions under the governance of the boards of regents.
  The coordinating board may issue any orders or take any other action
  the coordinating board considers appropriate to enforce this
  section or to facilitate the transfer consistent with this Act and
  the intent of the legislature.
         SECTION 9.  AMENDMENT. Section 54.508(a), Education Code,
  is amended to read as follows:
         (a)  The board of regents of the Texas Tech University System
  may charge each student registered at a component institution of
  the Texas Tech University System a medical services fee not to
  exceed $100 for each semester or [of the regular] term [or 12-week
  summer session and not to exceed $50 for each six-week or shorter
  term of the summer session].
         SECTION 10.  AMENDMENT. Section 54.509, Education Code, is
  amended by amending Subsections (a) and (b) and adding Subsections
  (a-1) and (e) to read as follows:
         (a)  Except as provided by Subsection (a-1) and if [If]
  approved by student vote, the board of regents of the Texas Tech
  University System may charge each student enrolled at a component
  institution of the Texas Tech University System a recreation fee
  not to exceed $100 per semester or $50 per six-week summer term to
  be used to purchase equipment for and to finance, construct,
  operate, renovate, and maintain the student recreation facilities
  and programs at the institution.
         (a-1)  The amount of a fee charged under Subsection (a) to
  students enrolled at Midwestern State University may not exceed
  $130 per semester or summer term of longer than six weeks or $65 per
  summer term of six weeks or less.
         (b)  The fee may not be increased by more than 10 percent from
  one academic year to the next unless the increase is approved by:
               (1)  a majority of students voting on the issue in a
  general student election called for that purpose; or
               (2)  a majority vote of the student government at the
  institution.
         (e)  The board of regents may pledge the fees imposed under
  this section to pay obligations issued for authorized purposes
  pursuant to the revenue financing system of the Texas Tech
  University System.
         SECTION 11.  AMENDMENT. Section 55.13(c), Education Code,
  is amended to read as follows:
         (c)  Notwithstanding any other provision of this section,
  with respect to all bonds authorized to be issued by [Midwestern
  State University or] Texas Southern University, the Texas Public
  Finance Authority shall exercise the authority of a board to issue
  bonds on behalf of that university [those institutions], in the
  manner provided by this subchapter, including the authority to
  issue refunding bonds under Section 55.19. In connection with the
  issuance of bonds under this chapter, the Texas Public Finance
  Authority has all the rights and duties granted or assigned to and
  is subject to the same conditions as a board under this chapter.
         SECTION 12.  AMENDMENT. Subchapter B, Chapter 55, Education
  Code, is amended by adding Section 55.17893 to read as follows:
         Sec. 55.17893.  MIDWESTERN STATE UNIVERSITY. (a) In
  addition to the other authority granted by this subchapter, the
  board of regents of the Texas Tech University System may issue bonds
  in accordance with this subchapter and in accordance with a
  systemwide revenue financing program adopted by the board in the
  aggregate principal amounts not to exceed the amounts previously
  authorized for Midwestern State University by Sections 55.1727,
  55.1737, 55.1757, and 55.1787, as those sections existed
  immediately before this section took effect, less any portion of
  those amounts for which bonds were issued under those sections for
  the university before the date this section took effect. Subject to
  Subsection (d), bonds issued under this section for an amount
  previously authorized by Section 55.1727, 55.1737, 55.1757, or
  55.1787 may be used only at Midwestern State University for the
  purposes for which the bonds were authorized to be issued for the
  university under Section 55.1727, 55.1737, 55.1757, or 55.1787, as
  applicable.
         (b)  The board of regents of the Texas Tech University System
  may pledge irrevocably to the payment of those bonds all or any part
  of the revenue funds of an institution, branch, or entity of the
  Texas Tech University System. The amount of a pledge made under
  this subsection may not be reduced or abrogated while the bonds for
  which the pledge is made, or bonds issued to refund those bonds, are
  outstanding.
         (c)  If sufficient funds are not available to the board of
  regents of the Texas Tech University System to meet its obligations
  under this section, the board may transfer funds among
  institutions, branches, and entities of the Texas Tech University
  System to ensure the most equitable and efficient allocation of
  available resources for each institution, branch, or entity to
  carry out its duties and purposes.
         (d)  Any portion of the proceeds of bonds authorized by this
  section for one or more specified projects that is not required for
  the specified projects may be used to renovate existing structures
  and facilities at the university.
         (e)  The board of regents of the Texas Tech University System
  may issue refunding bonds under Chapter 1207, Government Code, to
  refund all or any part of the outstanding bonds, notes, or other
  general or special obligations issued by or for the benefit of
  Midwestern State University, including obligations previously
  issued by the Texas Public Finance Authority. For purposes of
  Chapter 1207, Government Code, and in connection with the issuance
  of any refunding bonds under that chapter, the board of regents of
  the Texas Tech University System shall be considered the issuer of
  the outstanding bonds, notes, or obligations of Midwestern State
  University which are being refunded.
         SECTION 13.  AMENDMENT. Section 62.021(a), Education Code,
  is amended to read as follows:
         (a)  In each state fiscal year beginning with the state
  fiscal year ending August 31, 2021, an eligible institution is
  entitled to receive an amount allocated in accordance with this
  section from the funds appropriated for that year by Section 17(a),
  Article VII, Texas Constitution. The comptroller shall distribute
  funds allocated under this subsection only on presentation of a
  claim and issuance of a warrant in accordance with Section 403.071,
  Government Code. An eligible institution may not present a claim to
  be paid from any funds allocated under this subsection before the
  delivery of goods or services described in Section 17, Article VII,
  Texas Constitution, except for the payment of principal or interest
  on bonds or notes or for a payment for a book or other published
  library material as authorized by Section 2155.386, Government
  Code. The allocation of funds under this subsection is made in
  accordance with an equitable formula consisting of the following
  elements: space deficit, facilities condition, institutional
  complexity, and a separate allocation for the Texas State Technical
  College System. The annual amounts allocated by the formula are as
  follows:
               (1)  [$4,933,200 to Midwestern State University;
               [(2)]  to the following component institutions of the
  University of North Texas System:
                     (A)  $37,346,563 to the University of North Texas;
                     (B)  $15,125,502 to the University of North Texas
  Health Science Center at Fort Worth; and
                     (C)  $3,354,441 to the University of North Texas
  at Dallas;
               (2) [(3)]  $11,277,793 to Stephen F. Austin State
  University;
               (3) [(4)]  to the following component institutions of
  the Texas State University System:
                     (A)  $13,141,181 to Lamar University;
                     (B)  $2,553,130 to the Lamar Institute of
  Technology;
                     (C)  $1,488,396 to Lamar State College--Orange;
                     (D)  $2,217,102 to Lamar State College--Port
  Arthur;
                     (E)  $18,236,811 to Sam Houston State University;
                     (F)  $37,606,478 to Texas State University;
                     (G)  $2,151,723 to Sul Ross State University; and
                     (H)  $472,890 to Sul Ross State University-Rio
  Grande College;
               (4) [(5)]  $11,719,335 to Texas Southern University;
               (5) [(6)]  to the following component institutions of
  the Texas Tech University System:
                     (A)  $49,874,746 to Texas Tech University;
                     (B)  $21,652,392 to Texas Tech University Health
  Sciences Center;
                     (C)  $6,792,999 to Angelo State University; [and]
                     (D)  $5,557,572 to Texas Tech University Health
  Sciences Center--El Paso; and
                     (E)  $4,933,200 to Midwestern State University;
               (6) [(7)]  $14,554,133 to Texas Woman's University;
               (7) [(8)]  to the following component institutions of
  the University of Houston System:
                     (A)  $54,514,004 to the University of Houston;
                     (B)  $3,542,817 to the University of
  Houston--Victoria;
                     (C)  $7,726,043 to the University of
  Houston--Clear Lake; and
                     (D)  $10,828,344 to the University of
  Houston--Downtown;
               (8) [(9)]  to the following component institutions of
  The Texas A&M University System:
                     (A)  $11,478,824 to Texas A&M University--Corpus
  Christi;
                     (B)  $7,462,394 to Texas A&M International
  University;
                     (C)  $8,858,060 to Texas A&M
  University--Kingsville;
                     (D)  $7,446,495 to West Texas A&M University;
                     (E)  $11,123,859 to Texas A&M
  University--Commerce; and
                     (F)  $2,050,273 to Texas A&M
  University--Texarkana; and
               (9) [(10)]  $8,662,500 to the Texas State Technical
  College System Administration and the following component
  campuses, but not its extension centers or programs:
                     (A)  Texas State Technical College-Harlingen;
                     (B)  Texas State Technical College--Marshall;
                     (C)  Texas State Technical College--West Texas;
                     (D)  Texas State Technical College--Waco;
                     (E)  Texas State Technical College--Fort Bend;
  and
                     (F)  Texas State Technical College--North Texas.
         SECTION 14.  AMENDMENT. Subchapter A, Chapter 109,
  Education Code, is amended by adding Section 109.005 to read as
  follows:
         Sec. 109.005.  MANDATORY VENUE. (a) Venue for a suit filed
  against the board or a member of the board in the member's official
  capacity is in Lubbock County.
         (b)  Venue for a suit filed against the Texas Tech University
  System, any component of the Texas Tech University System, or any
  officer or employee of the Texas Tech University System or of any
  component of the Texas Tech University System is in the county in
  which the primary office of the chief executive officer of the
  system or component, as applicable, is located.
         (c)  This section does not waive any defense to or immunity
  from suit or liability that may be asserted by an entity or
  individual described by this section.
         (d)  In case of a conflict between this section and any other
  law, this section controls.
         SECTION 15.  AMENDMENT. Section 1232.101(a), Government
  Code, is amended to read as follows:
         (a)  With respect to all bonds authorized to be issued by or
  on behalf of the Texas Military Department, Parks and Wildlife
  Department, Texas Agricultural Finance Authority, Texas Low-Level
  Radioactive Waste Disposal Authority, [Midwestern State
  University,] and Texas Southern University, the authority has the
  exclusive authority to act on behalf of those entities in issuing
  bonds on their behalf. In connection with those issuances and with
  the issuance of refunding bonds on behalf of those entities, the
  authority is subject to all rights, duties, and conditions
  surrounding issuance previously applicable to the issuing entity
  under the statute authorizing the issuance. A reference in an
  authorizing statute to the entity on whose behalf the bonds are
  being issued applies equally to the authority in its capacity as
  issuer on behalf of the entity.
         SECTION 16.  AMENDMENT. Section 501.022, Labor Code, is
  amended by amending Subsection (a) and adding Subsection (g) to
  read as follows:
         (a)  An eligible employee of Texas Tech University, Texas
  Tech University Health Sciences Center, Angelo State University,
  Texas Tech University System Administration, Texas Tech University
  Health Sciences Center at El Paso, Midwestern State University, or
  another agency under the direction and control of the board of
  regents of the Texas Tech University System is entitled to
  participate in the workers' compensation program for state
  employees provided under this chapter.
         (g)  For purposes of this chapter, Midwestern State
  University is a state agency and shall act in the capacity of
  employer.
         SECTION 17.  TRANSITION. Section 109.005, Education Code,
  as added by this Act, applies only to an action brought against the
  board of regents of the Texas Tech University System or a member of
  that board in the member's official capacity, the Texas Tech
  University System, a component institution of that system, or an
  officer or employee of that system or of a component institution of
  that system on or after the effective date of this Act.
         SECTION 18.  REPEALER. The following provisions of the
  Education Code are repealed:
               (1)  Section 54.241(h);
               (2)  Sections 54.5082, 54.518, 54.5441, 54.5442,
  55.1727, 55.1737, 55.1757, and 55.1787; and
               (3)  Chapter 103.
         SECTION 19.  EFFECTIVE DATE. This Act takes effect
  September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1522 was passed by the House on April
  14, 2021, by the following vote:  Yeas 146, Nays 3, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1522 was passed by the Senate on May
  21, 2021, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
feedback