Bill Text: TX HB1522 | 2021-2022 | 87th Legislature | Comm Sub
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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-Comm_Sub.html
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-Comm_Sub.html
By: Frank, et al. (Senate Sponsor - Springer) | H.B. No. 1522 | |
(In the Senate - Received from the House April 19, 2021; | ||
April 19, 2021, read first time and referred to Committee on Higher | ||
Education; May 19, 2021, reported favorably by the following vote: | ||
Yeas 9, Nays 0; May 19, 2021, sent to printer.) | ||
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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 [ |
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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 [ |
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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 [ |
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Finance Authority shall exercise the authority of a board to issue | ||
bonds on behalf of that university [ |
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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) [ |
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[ |
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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) [ |
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University; | ||
(3) [ |
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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) [ |
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(5) [ |
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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; [ |
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(D) $5,557,572 to Texas Tech University Health | ||
Sciences Center--El Paso; and | ||
(E) $4,933,200 to Midwestern State University; | ||
(6) [ |
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(7) [ |
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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) [ |
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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) [ |
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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, [ |
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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. | ||
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