Bill Text: TX HB2336 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the transfer of Sul Ross State University to The Texas A&M University System.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-03-15 - Referred to Higher Education [HB2336 Detail]
Download: Texas-2021-HB2336-Introduced.html
87R5096 KJE-F | ||
By: Morales of Maverick | H.B. No. 2336 |
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relating to the transfer of Sul Ross State University to The Texas | ||
A&M University System. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. AMENDMENT. Chapter 87, Education Code, is | ||
amended by adding Subchapter M to read as follows: | ||
SUBCHAPTER M. SUL ROSS STATE UNIVERSITY | ||
Sec. 87.881. ESTABLISHMENT. (a) Sul Ross State University | ||
is a coeducational institution of higher education located in the | ||
city of Alpine, with an upper-level educational center known as Sul | ||
Ross State University Rio Grande College operated in the cities of | ||
Del Rio, Eagle Pass, and Uvalde. | ||
(b) The university is a component institution of The Texas | ||
A&M University System and is under the management and control of the | ||
board of regents of The Texas A&M University System. The board has | ||
the same powers and duties concerning the university as are | ||
conferred on the board by statute concerning Texas A&M University. | ||
Sec. 87.882. REFERENCE TO UVALDE STUDY CENTER. A reference | ||
in law to the Uvalde Study Center of Sul Ross State University means | ||
Sul Ross State University Rio Grande College. | ||
SECTION 2. TRANSFER OF GOVERNANCE OF UNIVERSITY. The | ||
governance, control, management, and property of Sul Ross State | ||
University are transferred from the board of regents of the Texas | ||
State University System to the board of regents of The Texas A&M | ||
University System. The transfer is governed by Sections 3 through 7 | ||
of this Act. | ||
SECTION 3. POWERS AND DUTIES; RULES AND POLICIES. (a) When | ||
the transfer takes effect, the board of regents of The Texas A&M | ||
University System shall govern, operate, manage, and control Sul | ||
Ross State University and all land, buildings, facilities, | ||
improvements, equipment, supplies, and property belonging to and | ||
constituting Sul Ross State University under the powers and duties | ||
conferred by law on the board of regents. | ||
(b) Sul Ross 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 | ||
the Texas State University System 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 A&M University System. The board of regents of The Texas | ||
A&M 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 the Texas State | ||
University System for and on behalf of Sul Ross State University, | ||
including bonds, are considered ratified, confirmed, and validated | ||
by the board of regents of The Texas A&M University System on the | ||
effective date of the transfer. In those contracts and written | ||
obligations, the board of regents of The Texas A&M University | ||
System is substituted for and stands and acts in the place of the | ||
board of regents of the Texas State University System to the extent | ||
permitted by law. | ||
SECTION 5. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES. | ||
(a) The transfer of the governance of Sul Ross 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 Sul Ross 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 6. 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 Sul Ross State University | ||
under the governance of the board of regents of the Texas State | ||
University System are transferred to the board of regents of The | ||
Texas A&M University System for the use and benefit of Sul Ross | ||
State University. | ||
SECTION 7. LEGISLATIVE INTENT; ROLE OF COORDINATING BOARD. | ||
It is the intent of the legislature that the transfer of the | ||
governance of Sul Ross State University from the board of regents of | ||
the Texas State University System to the board of regents of The | ||
Texas A&M 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 8. AMENDMENT. Section 55.1724(a), Education Code, | ||
is amended to read as follows: | ||
(a) In addition to the other authority granted by this | ||
subchapter, the board of regents of the Texas State University | ||
System may acquire, purchase, construct, improve, renovate, | ||
enlarge, or equip property, buildings, structures, facilities, | ||
roads, or related infrastructure for the following institutions to | ||
be financed by the issuance of bonds in accordance with this | ||
subchapter and in accordance with a systemwide revenue financing | ||
program adopted by the board in aggregate principal amounts not to | ||
exceed the following: | ||
(1) Lamar University--Beaumont, $8 million; | ||
(2) Lamar Institute of Technology, $2 million; | ||
(3) Lamar State College--Orange, $3.5 million; | ||
(4) Lamar State College--Port Arthur, $2.75 million; | ||
(5) Sam Houston State University, $7.5 million; and | ||
(6) Texas State University, $19.7 million[ |
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SECTION 9. AMENDMENT. Section 55.1734(a), Education Code, | ||
is amended to read as follows: | ||
(a) In addition to the other authority granted by this | ||
subchapter, the board of regents of the Texas State University | ||
System may issue in accordance with this subchapter and in | ||
accordance with a systemwide revenue financing program adopted by | ||
the board bonds for the following institutions not to exceed the | ||
following aggregate principal amounts to finance projects | ||
specified as follows: | ||
(1) Lamar University--Beaumont, $21,792,096 to | ||
renovate and repair campus buildings; | ||
(2) Lamar Institute of Technology, $5,301,960 to | ||
renovate Gentry Hall and convert it to classroom and laboratory | ||
use; | ||
(3) Lamar State College--Orange, $2,125,000 for | ||
campus landscaping, renovation of the old library for physical | ||
plant purposes, renovation of the Main Building and Electronics | ||
Commerce Resource Center, and demolition of the old physical plant | ||
building; | ||
(4) Lamar State College--Port Arthur, $7,650,000 to | ||
construct a performing arts and classroom building and to expand | ||
the Gates Memorial Library and develop an adjacent plaza; | ||
(5) Sam Houston State University, $18 million to | ||
renovate and expand the Farrington Building; and | ||
(6) Texas State University, $18,436,500 to construct a | ||
business building[ |
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SECTION 10. AMENDMENT. Section 55.1784(a), Education Code, | ||
is amended to read as follows: | ||
(a) In addition to the other authority granted by this | ||
subchapter, the board of regents of the Texas State University | ||
System may acquire, purchase, construct, improve, renovate, | ||
enlarge, or equip property and facilities, including roads and | ||
related infrastructure, for projects to be financed through the | ||
issuance of bonds in accordance with this subchapter and in | ||
accordance with a systemwide revenue financing program adopted by | ||
the board for the following institutions, not to exceed the | ||
following aggregate principal amounts for the projects specified, | ||
as follows: | ||
(1) Lamar University, $60 million for construction of | ||
a science building; | ||
(2) Lamar State College--Orange, $10 million for | ||
construction of a multipurpose education building; | ||
(3) Lamar State College--Port Arthur, $8,080,000 for | ||
expansion of technology program facilities; | ||
(4) Lamar Institute of Technology, $12,500,000 for | ||
construction and renovation of technical arts buildings; | ||
(5) Texas State University: | ||
(A) $63 million for construction of an | ||
engineering and sciences building; and | ||
(B) $48,600,000 for construction of a health | ||
professions building in Round Rock, Texas; and | ||
(6) Sam Houston State University, $48 million for | ||
construction of a biology laboratory building[ |
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SECTION 11. AMENDMENT. Subchapter B, Chapter 55, Education | ||
Code, is amended by adding Section 55.17811 to read as follows: | ||
Sec. 55.17811. SUL ROSS STATE UNIVERSITY. (a) In addition | ||
to the other authority granted by this subchapter, the board of | ||
regents of The Texas A&M 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 Sul Ross State University by Sections 55.1724, 55.1734, and | ||
55.1784, 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 | ||
55.1724, 55.1734, or 55.1784 may be used only at Sul Ross State | ||
University for the purposes for which the bonds were authorized to | ||
be issued for the university under Section 55.1724, 55.1734, or | ||
55.1784, as applicable. | ||
(b) The board 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 A&M University System, including | ||
student tuition charges. 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 to | ||
meet its obligations under this section, the board may transfer | ||
funds among institutions, branches, and entities of The Texas A&M | ||
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. | ||
SECTION 12. 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; | ||
(3) $11,277,793 to Stephen F. Austin State University; | ||
(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; | ||
and | ||
(F) $37,606,478 to Texas State University; | ||
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(5) $11,719,335 to Texas Southern University; | ||
(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; | ||
(7) $14,554,133 to Texas Woman's University; | ||
(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; | ||
(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; [ |
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(F) $2,050,273 to Texas A&M | ||
University--Texarkana; | ||
(G) $2,151,723 to Sul Ross State University; and | ||
(H) $472,890 to Sul Ross State University Rio | ||
Grande College; and | ||
(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 13. REPEALER. Subchapter A, Chapter 96, Education | ||
Code, is repealed. | ||
SECTION 14. EFFECTIVE DATE. This Act takes effect | ||
September 1, 2021. |