Bill Text: TX SB1055 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of a new university in Nacogdoches, Texas, within The University of Texas System and the allocation of the annual constitutional appropriation to certain agencies and institutions of higher education; abolishing Stephen F. Austin State University.
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Passed) 2023-05-10 - See remarks for effective date [SB1055 Detail]
Download: Texas-2023-SB1055-Introduced.html
Bill Title: Relating to the creation of a new university in Nacogdoches, Texas, within The University of Texas System and the allocation of the annual constitutional appropriation to certain agencies and institutions of higher education; abolishing Stephen F. Austin State University.
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Passed) 2023-05-10 - See remarks for effective date [SB1055 Detail]
Download: Texas-2023-SB1055-Introduced.html
88R7730 CXP-F | ||
By: Nichols | S.B. No. 1055 |
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relating to the creation of a new university in Nacogdoches, Texas, | ||
within The University of Texas System; abolishing Stephen F. Austin | ||
State University. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. AMENDMENT TO EDUCATION CODE. Subtitle C, Title | ||
3, Education Code, is amended by adding Chapter 80 to read as | ||
follows: | ||
CHAPTER 80. STEPHEN F. AUSTIN STATE UNIVERSITY, A MEMBER OF THE | ||
UNIVERSITY OF TEXAS SYSTEM | ||
Sec. 80.01. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of regents of The | ||
University of Texas System. | ||
(2) "University" means the university established | ||
under this chapter as Stephen F. Austin State University, a member | ||
of The University of Texas System. | ||
Sec. 80.02. REFERENCE TO STEPHEN F. AUSTIN STATE | ||
UNIVERSITY. A reference in law to Stephen F. Austin State | ||
University means Stephen F. Austin State University, a member of | ||
The University of Texas System. | ||
Sec. 80.03. ESTABLISHMENT; SCOPE. (a) Stephen F. Austin | ||
State University, a member of The University of Texas System, is a | ||
general academic teaching institution in Nacogdoches, Texas, under | ||
the governance, management, and control of the board of regents of | ||
The University of Texas System. | ||
(b) As necessary to achieve the maximum operating | ||
efficiency of the university, the board shall provide for the | ||
organization, administration, and location of the university and of | ||
the colleges, schools, and other institutions and entities of the | ||
university. | ||
(c) The authority of the board under this section to achieve | ||
the maximum operating efficiency of the university and to provide | ||
for the organization, administration, and location of the | ||
university and of the colleges, schools, and other institutions and | ||
entities of the university prevails over other law. | ||
Sec. 80.04. COURSES AND DEGREES. (a) The board may | ||
prescribe courses leading to customary degrees offered at leading | ||
American universities and may award those degrees, including | ||
bachelor's, master's, and doctoral degrees and their equivalents. | ||
(b) The board shall award degrees in the name of the | ||
university. | ||
(c) A department, school, or degree program may not be | ||
instituted without the prior approval of the Texas Higher Education | ||
Coordinating Board, except that the university may include any | ||
department or school or offer any degree program previously | ||
approved for Stephen F. Austin State University or expressly | ||
authorized by this chapter or other law. | ||
Sec. 80.05. UNIVERSITY OF THE FIRST CLASS. The board shall | ||
make any other rules and regulations for the operation, control, | ||
and management of the university as may be necessary for the conduct | ||
of the university as a university of the first class. | ||
Sec. 80.06. FACILITIES. The board shall provide for | ||
adequate physical facilities for use by the university. | ||
Sec. 80.07. GIFTS AND GRANTS. The board may solicit, | ||
accept, and administer, on terms and conditions acceptable to the | ||
board, gifts, grants, or donations of any kind and from any source | ||
for use by the university. | ||
Sec. 80.08. JOINT APPOINTMENTS. The board may make joint | ||
faculty appointments to positions in the university and to | ||
positions in other institutions under the governance of the board. | ||
Sec. 80.09. PARTICIPATION IN PERMANENT UNIVERSITY FUND. | ||
The legislature finds that the university is an institution of | ||
higher education "created at a later date" for purposes of Section | ||
18(c), Article VII, Texas Constitution. Accordingly, the | ||
university is entitled to participate in the funding provided by | ||
Section 18, Article VII, Texas Constitution, to the same extent as | ||
similar component institutions of The University of Texas System. | ||
SECTION 2. STEPHEN F. AUSTIN STATE UNIVERSITY ABOLISHED. | ||
(a) Stephen F. Austin State University is abolished on a date the | ||
board of regents of The University of Texas System determines | ||
appropriate to achieve the maximum operating efficiency of the | ||
system. The designated date must be entered into the minutes of the | ||
board. | ||
(b) The board of regents of The University of Texas System | ||
shall provide to the secretary of state written notice of its action | ||
under Subsection (a) of this section. Effective on the date the | ||
board designates for the abolition of Stephen F. Austin State | ||
University, Chapter 101, Education Code, is repealed. | ||
(c) The board of regents of The University of Texas System | ||
may not act under Subsection (a) of this section to abolish Stephen | ||
F. Austin State University earlier than the date on which Stephen F. | ||
Austin State University, a member of The University of Texas | ||
System, begins operation. | ||
(d) The board of regents of Stephen F. Austin State | ||
University shall take all actions necessary to facilitate the | ||
operation of Stephen F. Austin State University, a member of The | ||
University of Texas System, and the winding up of the affairs of | ||
Stephen F. Austin State University. For that purpose, the board of | ||
regents of Stephen F. Austin State University may transfer | ||
management and control of Stephen F. Austin State University to the | ||
board of regents of The University of Texas System. | ||
(e) On the date Stephen F. Austin State University is | ||
abolished as provided by this Act, the terms of office of members of | ||
the board of regents of Stephen F. Austin State University expire. | ||
SECTION 3. UNIVERSITY CREATED; TRANSITION PROVISIONS. (a) | ||
Stephen F. Austin State University, a member of The University of | ||
Texas System, is created within The University of Texas System. As | ||
provided by Chapter 80, Education Code, as added by this Act, the | ||
board of regents of the system shall establish the university as a | ||
general academic teaching institution offering the degrees | ||
authorized by that chapter. | ||
(b) Stephen F. Austin State University, a member of The | ||
University of Texas System, shall begin operating on a date the | ||
board of regents determines appropriate to achieve the maximum | ||
operating efficiency of the system. The designated date must be | ||
entered into the minutes of the board. | ||
(c) In recognition of the abolition of Stephen F. Austin | ||
State University as authorized by this Act, the board of regents | ||
shall facilitate the employment at Stephen F. Austin State | ||
University, a member of The University of Texas System, of as many | ||
faculty and staff of the abolished university as is prudent and | ||
practical, subject to the following: | ||
(1) a person who is tenured faculty of Stephen F. | ||
Austin State University on the date of the university's abolition | ||
is entitled to tenure at Stephen F. Austin State University, a | ||
member of The University of Texas System; and | ||
(2) a person who is in a tenure-track teaching | ||
position at Stephen F. Austin State University on the date of the | ||
university's abolition is entitled to a tenure-track position at | ||
Stephen F. Austin State University, a member of The University of | ||
Texas System, and must be considered for tenure on the same schedule | ||
governing the position at Stephen F. Austin State University. | ||
(d) A student admitted to or enrolled at Stephen F. Austin | ||
State University on the date of abolition is entitled to admission | ||
to Stephen F. Austin State University, a member of The University of | ||
Texas System, and the board shall take actions necessary to | ||
facilitate that admission and the appropriate transfer of credits. | ||
(e) On the date Stephen F. Austin State University is | ||
abolished as provided by this Act, all money, property, and | ||
facilities under the management and control of the board of regents | ||
of Stephen F. Austin State University are transferred to the | ||
management and control of the board of regents of The University of | ||
Texas System. | ||
(f) On the date Stephen F. Austin State University is | ||
abolished as provided by this Act, the board of regents of The | ||
University of Texas System is substituted in contracts and other | ||
obligations for the board of regents of Stephen F. Austin State | ||
University. Contracts and written obligations of every kind and | ||
character entered into by the board of regents of Stephen F. Austin | ||
State University or the Texas Public Finance Authority for and on | ||
behalf of Stephen F. Austin State University, including bonds, are | ||
considered ratified, confirmed, and validated by the board of | ||
regents of The University of Texas System. In those contracts and | ||
written obligations, the board of regents of The University of | ||
Texas System is substituted for and stands and acts in the place of | ||
the board of regents of Stephen F. Austin State University or the | ||
Texas Public Finance Authority, as applicable, to the extent | ||
permitted by law. | ||
(g) For Stephen F. Austin State University, a member of The | ||
University of Texas System, the board of regents of The University | ||
of Texas System may impose and collect any fee authorized by prior | ||
law for Stephen F. Austin State University, as that law existed at | ||
the time the university was abolished, as determined by the board | ||
and subject to the limitations provided by the prior law | ||
authorizing the fee. The abolition of Stephen F. Austin State | ||
University does not affect any pledge of revenue from a fee made by | ||
or on behalf of the university to pay obligations issued in | ||
connection with facilities for which the fee was imposed and the | ||
obligations were issued. | ||
(h) A person who, as an eligible employee of Stephen F. | ||
Austin State University with 10 years of service credit, would have | ||
been eligible to participate in a group benefits insurance program | ||
under Chapter 1551, Insurance Code, retains that eligibility as an | ||
employee of Stephen F. Austin State University, a member of The | ||
University of Texas System, and retains credit for that purpose for | ||
service in a benefits-eligible position at Stephen F. Austin State | ||
University and at Stephen F. Austin State University, a member of | ||
The University of Texas System. | ||
(i) For Stephen F. Austin State University, a member of The | ||
University of Texas System, the board of regents of The University | ||
of Texas System shall seek the inclusion of the university | ||
initially in the same athletic conferences, and participation in | ||
the same National Collegiate Athletic Association division, as | ||
Stephen F. Austin State University immediately before its | ||
abolition. | ||
SECTION 4. AMENDMENT. Section 59.06, Education Code, is | ||
amended to read as follows: | ||
Sec. 59.06. LIMITATION ON APPROPRIATED FUNDS. Funds | ||
appropriated by the legislature to The University of Texas System, | ||
The Texas A&M University System, the Texas Tech University System, | ||
the Texas State University System, the University of Houston | ||
System, [ |
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North Texas System from the General Revenue Fund may not be used to | ||
establish or maintain the fund, to purchase insurance, or to employ | ||
private legal counsel. | ||
SECTION 5. 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) 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) [ |
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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; | ||
(3) [ |
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(4) [ |
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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; | ||
(D) $5,557,572 to Texas Tech University Health | ||
Sciences Center--El Paso; and | ||
(E) $4,933,200 to Midwestern State University; | ||
(5) [ |
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of the Texas Woman's University System, allocated as determined by | ||
the board of regents of the system; | ||
(6) [ |
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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; | ||
(7) [ |
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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 | ||
(8) [ |
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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 6. AMENDMENT. Section 65.02(a), Education Code, is | ||
amended to read as follows: | ||
(a) The University of Texas System is composed of the | ||
following institutions and entities: | ||
(1) The University of Texas at Arlington, including: | ||
(A) The University of Texas Institute of Urban | ||
Studies at Arlington; and | ||
(B) The University of Texas School of Nursing at | ||
Arlington; | ||
(2) The University of Texas at Austin, including: | ||
(A) The University of Texas Marine Science | ||
Institute; | ||
(B) The University of Texas McDonald Observatory | ||
at Mount Locke; and | ||
(C) The University of Texas School of Nursing at | ||
Austin; | ||
(3) The University of Texas at Dallas; | ||
(4) The University of Texas at El Paso, including The | ||
University of Texas School of Nursing at El Paso; | ||
(5) The University of Texas of the Permian Basin; | ||
(6) The University of Texas at San Antonio, including | ||
the University of Texas Institute of Texan Cultures at San Antonio; | ||
(7) The University of Texas Southwestern Medical | ||
Center, including: | ||
(A) The University of Texas Southwestern Medical | ||
School at Dallas; | ||
(B) The University of Texas Southwestern | ||
Graduate School of Biomedical Sciences at Dallas; and | ||
(C) The University of Texas Southwestern Allied | ||
Health Sciences School at Dallas; | ||
(8) The University of Texas Medical Branch at | ||
Galveston, including: | ||
(A) The University of Texas Medical School at | ||
Galveston; | ||
(B) The University of Texas Graduate School of | ||
Biomedical Sciences at Galveston; | ||
(C) The University of Texas School of Allied | ||
Health Sciences at Galveston; | ||
(D) The University of Texas Marine Biomedical | ||
Institute at Galveston; | ||
(E) The University of Texas Hospitals at | ||
Galveston; and | ||
(F) The University of Texas School of Nursing at | ||
Galveston; | ||
(9) The University of Texas Health Science Center at | ||
Houston, including: | ||
(A) The University of Texas Medical School at | ||
Houston; | ||
(B) The University of Texas Dental Branch at | ||
Houston; | ||
(C) The University of Texas Graduate School of | ||
Biomedical Sciences at Houston; | ||
(D) The University of Texas School of Health | ||
Information Sciences at Houston; | ||
(E) The University of Texas School of Public | ||
Health at Houston; | ||
(F) The University of Texas Speech and Hearing | ||
Institute at Houston; and | ||
(G) The University of Texas School of Nursing at | ||
Houston; | ||
(10) The University of Texas Health Science Center at | ||
San Antonio, including: | ||
(A) The University of Texas Medical School at San | ||
Antonio; | ||
(B) The University of Texas Dental School at San | ||
Antonio; | ||
(C) The University of Texas Graduate School of | ||
Biomedical Sciences at San Antonio; | ||
(D) The University of Texas School of Allied | ||
Health Sciences at San Antonio; and | ||
(E) The University of Texas School of Nursing at | ||
San Antonio; | ||
(11) The University of Texas M. D. Anderson Cancer | ||
Center, including: | ||
(A) The University of Texas M. D. Anderson | ||
Hospital; | ||
(B) The University of Texas M. D. Anderson Tumor | ||
Institute; and | ||
(C) The University of Texas M. D. Anderson | ||
Science Park; [ |
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(12) The University of Texas Health Science | ||
Center--South Texas, including The University of Texas Medical | ||
School--South Texas, if established under Subchapter N, Chapter 74; | ||
and | ||
(13) Stephen F. Austin State University, a member of | ||
The University of Texas System. | ||
SECTION 7. EFFECTIVE DATE. This Act takes effect | ||
immediately if it receives a vote of two-thirds of all the members | ||
elected to each house, as provided by Section 39, Article III, Texas | ||
Constitution. If this Act does not receive the vote necessary for | ||
immediate effect, this Act has no effect. |