Bill Text: TX SB52 | 2021 | 87th Legislature 3rd Special Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the issuance of revenue bonds to fund capital projects at public institutions of higher education, the oversight of certain capital projects at those institutions, and the designation of certain appropriated funds allocated to those institutions.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-10-25 - Effective on . . . . . . . . . . . . . . . January 18, 2022 [SB52 Detail]

Download: Texas-2021-SB52-Comm_Sub.html
 
 
  By: Creighton, et al. S.B. No. 52
 
  (Bonnen)
 
  Substitute the following for S.B. No. 52:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the issuance of revenue bonds to fund capital projects
  at public institutions of higher education and the designation of
  certain appropriated funds allocated to those institutions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 55, Education Code, is
  amended by adding Section 55.111 to read as follows:
         Sec. 55.111.  CERTAIN ALLOCATED FUNDS TO BE DESIGNATED AS
  CAPITAL IMPROVEMENT DEBT ASSISTANCE. For purposes of this
  subchapter, funds allocated from the appropriation of general
  revenue to an institution of higher education to supplement revenue
  funds of the institution described by Section 55.13(a) may be
  designated as "Capital Improvement Debt Assistance."
         SECTION 2.  Subchapter B, Chapter 55, Education Code, is
  amended by adding Sections 55.1791, 55.1792, 55.1793, 55.1794,
  55.1795, 55.1796, 55.1797, 55.1798, 55.1799, and 55.17991 to read
  as follows:
         Sec. 55.1791.  THE TEXAS A&M UNIVERSITY SYSTEM; ADDITIONAL
  BONDS. (a) In addition to the other authority granted by this
  subchapter, the board of regents of The Texas A&M 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)  The Texas A&M University System, $43,425,406 for
  construction of a STEM education center at the RELLIS campus;
               (2)  Prairie View A&M University, $44,922,833 for
  construction of a teaching and academic student support services
  facility;
               (3)  Tarleton State University, $90 million for
  construction of a College of Health Sciences and Human Services
  building on the Stephenville campus;
               (4)  Texas A&M University, $56,153,542 for
  construction of a clinical veterinary teaching and research
  complex;
               (5)  Texas A&M University--Commerce, $44,922,833 for
  infrastructure upgrades to address accessibility for persons with
  disabilities and health and safety issues;
               (6)  Texas A&M University--Corpus Christi, $44,922,833
  for construction of an arts and media building;
               (7)  Texas A&M University at Galveston, $33,692,125 for
  construction of an engineering classroom and research building;
               (8)  Texas A&M University--Kingsville, $44,922,833 for
  renovations to address deferred maintenance for campus buildings;
               (9)  Texas A&M University--Central Texas, $44,922,833
  for construction of a central utility plant and infrastructure
  upgrades;
               (10)  West Texas A&M University, $44,922,833 for
  infrastructure upgrades to address health and safety issues and the
  renovation of an education building;
               (11)  Texas A&M University--San Antonio, $44,922,833
  for construction of a public health and education building;
               (12)  Texas A&M International University, $44,922,833
  for construction of a health science education and research center;
               (13)  Texas A&M University--Texarkana, $44,922,833 for
  construction of a business, engineering, and technology building;
  and
               (14)  The Texas A&M University System Health Science
  Center:
                     (A)  $59,897,111 for construction of the Texas
  Medical Center Building 3 in Houston, Texas; and
                     (B)  $29,948,556 for construction of a nursing
  education and research center in McAllen, Texas.
         (b)  The board may pledge irrevocably to the payment of bonds
  authorized by this section 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)  In lieu of financing a project described by Subsection
  (a) for an institution of higher education or entity, the board may
  finance in the manner prescribed by that subsection an alternative
  project for deferred maintenance or infrastructure at the same
  institution or entity in an amount not to exceed the total of the
  amount authorized for the project and any unspent amount from
  projects authorized for the institution or entity under this
  chapter. The board shall notify the Texas Higher Education
  Coordinating Board of an alternative project financed as provided
  by this subsection.
         Sec. 55.1792.  THE UNIVERSITY OF TEXAS SYSTEM; ADDITIONAL
  BONDS. (a)  In addition to the other authority granted by this
  subchapter, the board of regents of The University of Texas 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)  The University of Texas System, $56,153,542 for
  renovation of the Microelectronics Research Center at the
  J. J. Pickle Research Campus;
               (2)  The University of Texas at Arlington, $52,409,972
  for renovation of the Life Science Building;
               (3)  The University of Texas at Austin, $56,153,542 for
  renovation of the Physics, Math, and Astronomy Building;
               (4)  The University of Texas at Dallas, $52,409,972 for
  construction of a student success center;
               (5)  The University of Texas at El Paso, $52,409,972
  for construction of an advanced teaching and learning complex;
               (6)  The University of Texas of the Permian Basin,
  $44,922,833 for renovation of the Mesa Building and campus
  transformation;
               (7)  The University of Texas Rio Grande Valley,
  $44,922,833 for construction of a health affairs building;
               (8)  The University of Texas at San Antonio,
  $52,409,972 for construction of an Innovation, Entrepreneurship,
  and Careers building;
               (9)  The University of Texas at Tyler, $44,922,833 for
  construction of a sciences building;
               (10)  The University of Texas Health Science Center at
  Houston, $59,897,111 for construction of a public health education
  and research building;
               (11)  The University of Texas Health Science Center at
  San Antonio, $59,897,111 for construction of the Glenn Biggs
  Institute for Alzheimer's & Neurodegenerative Diseases Building;
               (12)  The University of Texas Health Science Center at
  Tyler:
                     (A)  $48 million for construction of a health
  professions education center; and
                     (B)  $10 million for construction of a health
  professions education center located in Longview, Texas;
               (13)  The University of Texas M. D. Anderson Cancer
  Center, $59,897,111 for construction of a life sciences research,
  innovation, and discovery initiative facility;
               (14)  The University of Texas Medical Branch at
  Galveston, $59,897,111 for infrastructure and research space
  upgrades for research buildings; and
               (15)  UT Southwestern Medical Center, $59,897,111 for
  construction of the north campus Phase VI Brain Institute shell
  space.
         (b)  The board may pledge irrevocably to the payment of bonds
  authorized by this section all or any part of the revenue funds of
  an institution, branch, or entity of The University of Texas
  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 University
  of Texas 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)  In lieu of financing a project described by Subsection
  (a) for an institution of higher education or entity, the board may
  finance in the manner prescribed by that subsection an alternative
  project for deferred maintenance or infrastructure at the same
  institution or entity in an amount not to exceed the total of the
  amount authorized for the project and any unspent amount from
  projects authorized for the institution or entity under this
  chapter. The board shall notify the Texas Higher Education
  Coordinating Board of an alternative project financed as provided
  by this subsection.
         Sec. 55.1793.  UNIVERSITY OF HOUSTON SYSTEM; ADDITIONAL
  BONDS. (a)  In addition to the other authority granted by this
  subchapter, the board of regents of the University of Houston
  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)  the University of Houston System:
                     (A)  $52,409,972 for construction of the Katy
  Academic Building 2; and
                     (B)  $59,897,111 for construction of a medical
  research facility;
               (2)  the University of Houston:
                     (A)  $40 million for construction of the Hobby
  School of Public Affairs Building; and
                     (B)  $52,409,972 for construction of the IDEA Lab;
               (3)  the University of Houston--Clear Lake,
  $44,922,833 for renovation of the Bayou Building, the Delta
  Building, and the Student Services and Classroom Building;
               (4)  the University of Houston--Downtown, $44,922,833
  for renovation of existing buildings and other campus
  infrastructure upgrades and for the construction of the Police
  Department and Criminal Justice Academy Building; and
               (5)  the University of Houston--Victoria, $44,922,833
  for renovation of existing buildings and other campus
  infrastructure upgrades.
         (b)  The board may pledge irrevocably to the payment of bonds
  authorized by this section all or any part of the revenue funds of
  an institution, branch, or entity of the University of Houston
  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 University
  of Houston 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)  In lieu of financing a project described by Subsection
  (a) for an institution of higher education or entity, the board may
  finance in the manner prescribed by that subsection an alternative
  project for deferred maintenance or infrastructure at the same
  institution or entity in an amount not to exceed the total of the
  amount authorized for the project and any unspent amount from
  projects authorized for the institution or entity under this
  chapter. The board shall notify the Texas Higher Education
  Coordinating Board of an alternative project financed as provided
  by this subsection.
         Sec. 55.1794.  TEXAS STATE UNIVERSITY SYSTEM; ADDITIONAL
  BONDS. (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)  Texas State University System, $11,230,708 for
  construction of a field research station and dam repair;
               (2)  Lamar State College--Orange, $37,435,695 for the
  replacement of an academic building to house general academic
  instruction and information technology services;
               (3)  Lamar State College--Port Arthur, $37,435,695 for
  construction of an allied health and sciences building;
               (4)  Lamar Institute of Technology, $37,435,695 for
  construction of a facility for workforce and allied health
  programs;
               (5)  Lamar University, $44,922,833 for renovation of a
  library;
               (6)  Sul Ross State University, $26,392,165 for
  renovation of fine arts facilities;
               (7)  Sul Ross State University Rio Grande College,
  $33,119,359 for construction of a multipurpose education and
  services building;
               (8)  Sam Houston State University:
                     (A)  $44,922,833 for construction of an allied
  health building located in Conroe, Texas; and
                     (B)  $44,922,833 for construction of an active
  learning center located in Huntsville, Texas; and
               (9)  Texas State University:
                     (A)  $52,409,972 for construction of a STEM
  classroom building located in San Marcos, Texas; and
                     (B)  $52,409,972 for construction of a health
  professions building located in Round Rock, Texas.
         (b)  The board may pledge irrevocably to the payment of bonds
  authorized by this section all or any part of the revenue funds of
  an institution, branch, or entity of the Texas State 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 State
  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)  In lieu of financing a project described by Subsection
  (a) for an institution of higher education or entity, the board may
  finance in the manner prescribed by that subsection an alternative
  project for deferred maintenance or infrastructure at the same
  institution or entity in an amount not to exceed the total of the
  amount authorized for the project and any unspent amount from
  projects authorized for the institution or entity under this
  chapter. The board shall notify the Texas Higher Education
  Coordinating Board of an alternative project financed as provided
  by this subsection.
         Sec. 55.1795.  UNIVERSITY OF NORTH TEXAS SYSTEM; ADDITIONAL
  BONDS. (a) In addition to the other authority granted by this
  subchapter, the board of regents of the University of North Texas
  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)  the University of North Texas: 
                     (A)  $52,409,472 for construction of a science and
  technology research building; and
                     (B)  $52,409,472 for construction of a commerce,
  analytics, technology, and engineering building in Frisco, Texas;
               (2)  the University of North Texas at Dallas,
  $100,000,000 for construction of a science building; and
               (3)  the University of North Texas Health Science
  Center at Fort Worth, $59,987,111 for campus space optimization and
  realignment.
         (b)  The board may pledge irrevocably to the payment of bonds
  authorized by this section all or any part of the revenue funds of
  an institution, branch, or entity of the University of North Texas
  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 University
  of North Texas 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)  In lieu of financing a project described by Subsection
  (a) for an institution of higher education or entity, the board may
  finance in the manner prescribed by that subsection an alternative
  project for deferred maintenance or infrastructure at the same
  institution or entity in an amount not to exceed the total of the
  amount authorized for the project and any unspent amount from
  projects authorized for the institution or entity under this
  chapter. The board shall notify the Texas Higher Education
  Coordinating Board of an alternative project financed as provided
  by this subsection.
         Sec. 55.1796.  TEXAS WOMAN'S UNIVERSITY; ADDITIONAL BONDS.
  (a) In addition to the other authority granted by this subchapter,
  the board of regents of Texas Woman's University may acquire,
  purchase, construct, improve, renovate, enlarge, or equip property
  and facilities, including roads and related infrastructure, for a
  health sciences center, to be financed through the issuance of
  bonds in accordance with this subchapter, not to exceed the
  aggregate principal amount of $100 million.
         (b)  The board may pledge irrevocably to the payment of bonds
  authorized by this section all or any part of the revenue funds of
  Texas Woman's University, 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)  In lieu of financing a project described by Subsection
  (a) for Texas Woman's University, the board may finance in the
  manner prescribed by that subsection an alternative project for
  deferred maintenance or infrastructure at the university in an
  amount not to exceed the total of the amount authorized for the
  project and any unspent amount from projects authorized for the
  university under this chapter. The board shall notify the Texas
  Higher Education Coordinating Board of an alternative project
  financed as provided by this subsection.
         Sec. 55.1797.  STEPHEN F. AUSTIN STATE UNIVERSITY;
  ADDITIONAL BONDS. (a) In addition to the other authority granted
  by this subchapter, the board of regents of Stephen F. Austin State
  University may acquire, purchase, construct, improve, renovate,
  enlarge, or equip property and facilities, including roads and
  related infrastructure, for construction of an interdisciplinary
  and applied sciences building, to be financed through the issuance
  of bonds in accordance with this subchapter, not to exceed the
  aggregate principal amount of $44,922,833.
         (b)  The board may pledge irrevocably to the payment of bonds
  authorized by this section all or any part of the revenue funds of
  Stephen F. Austin State University, 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)  In lieu of financing a project described by Subsection
  (a) for Stephen F. Austin State University, the board may finance in
  the manner prescribed by that subsection an alternative project for
  deferred maintenance or infrastructure at the university in an
  amount not to exceed the total of the amount authorized for the
  project and any unspent amount from projects authorized for the
  university under this chapter. The board shall notify the Texas
  Higher Education Coordinating Board of an alternative project
  financed as provided by this subsection.
         Sec. 55.1798.  TEXAS TECH UNIVERSITY SYSTEM; ADDITIONAL
  BONDS. (a) In addition to the other authority granted by this
  subchapter, the board of regents of the Texas Tech 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)  Angelo State University, $36 million for a central
  plant maintenance and renovation;
               (2)  Texas Tech University, $52,409,972 for
  renovations to address deferred maintenance for campus buildings;
               (3)  Midwestern State University, $44,922,833 for
  renovations to an existing building and other campus infrastructure
  upgrades;
               (4)  Texas Tech University Health Sciences Center:
                     (A)  $59,897,111 for maintenance and renovation
  of an existing facility; and
                     (B)  $18,717,847 for construction and equipment
  of the physician assistant facility in Midland, Texas; and
               (5)  Texas Tech University Health Sciences Center at El
  Paso, $59,897,111 for construction of a dental school building.
         (b)  The board may pledge irrevocably to the payment of bonds
  authorized by this section all or any part of the revenue funds of
  an institution, branch, or entity of the Texas Tech 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 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)  In lieu of financing a project described by Subsection
  (a) for an institution of higher education or entity, the board may
  finance in the manner prescribed by that subsection an alternative
  project for deferred maintenance or infrastructure at the same
  institution or entity in an amount not to exceed the total of the
  amount authorized for the project and any unspent amount from
  projects authorized for the institution or entity under this
  chapter. The board shall notify the Texas Higher Education
  Coordinating Board of an alternative project financed as provided
  by this subsection.
         Sec. 55.1799.  TEXAS SOUTHERN UNIVERSITY; ADDITIONAL BONDS.
  (a) In addition to the other authority granted by this subchapter,
  the board of regents of Texas Southern University 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, not to exceed the following aggregate
  principal amounts for the projects specified, as follows:
               (1)  $22,800,000 for renovation of the Nabrit Building;
               (2)  $2,400,000 for upgrades to signage and wayfinding;
               (3)  $40 million for facility maintenance and
  renovation; and
               (4)  $30 million for construction of a health and
  wellness center.
         (b)  The board may pledge irrevocably to the payment of bonds
  authorized by this section all or any part of the revenue funds of
  Texas Southern University, 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)  In lieu of financing a project described by Subsection
  (a) for Texas Southern University, the board may finance in the
  manner prescribed by that subsection an alternative project for
  deferred maintenance or infrastructure at the university in an
  amount not to exceed the total of the amount authorized for the
  project and any unspent amount from projects authorized for the
  university under this chapter. The board shall notify the Texas
  Higher Education Coordinating Board of an alternative project
  financed as provided by this subsection.
         Sec. 55.17991.  TEXAS STATE TECHNICAL COLLEGE SYSTEM. (a)
  In addition to the other authority granted by this subchapter, the
  board of regents of the Texas State Technical College 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 for the following entity
  and institutions, not to exceed the following aggregate principal
  amounts for the projects specified, as follows:
               (1)  Texas State Technical College System, $24,932,173
  for the East Williamson County Higher Education Center expansion;
               (2)  Texas State Technical College--Fort Bend,
  $31,296,241 for Fort Bend County campus expansion;
               (3)  Texas State Technical College--Harlingen,
  $28,301,385 for Harlingen campus expansion;
               (4)  Texas State Technical College--Marshall,
  $11,230,708 for Marshall campus expansion;
               (5)  Texas State Technical College--North Texas,
  $10,107,638 for North Texas campus expansion;
               (6)  Texas State Technical College--West Texas,
  $10,107,638 for West Texas campus expansion; and
               (7)  Texas State Technical College--Waco, $37,435,695
  for Waco campus expansion.
         (b)  The board may pledge irrevocably to the payment of bonds
  authorized by this section all or any part of the revenue funds of
  an institution, branch, or entity of the Texas State Technical
  College 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 State
  Technical College 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)  In lieu of financing a project described by Subsection
  (a) for an institution of higher education or entity, the board may
  finance in the manner prescribed by that subsection an alternative
  project for deferred maintenance or infrastructure at the same
  institution or entity in an amount not to exceed the total of the
  amount authorized for the project and any unspent amount from
  projects authorized for the institution or entity under this
  chapter. The board shall notify the Texas Higher Education
  Coordinating Board of an alternative project financed as provided
  by this subsection.
         SECTION 3.  This Act does not affect any authority or
  restriction regarding the activities that a public institution of
  higher education may conduct in connection with a facility financed
  by bonds authorized by this Act.
         SECTION 4.  This Act takes effect on the 91st day after the
  last day of the legislative session.
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