Texas 2009 - 81st Regular

Texas House Bill HR2925 Compare Versions

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1	1	H.R. No. 2925
2	2
3	3
4	4	R E S O L U T I O N
5	5	BE IT RESOLVED by the House of Representatives of the State of
6	6	Texas, 81st Legislature, Regular Session, 2009, That House Rule 13,
7	7	Section 9(a), be suspended in part as provided by House Rule 13,
8	8	Section 9(f), to enable the conference committee appointed to
9	9	resolve the differences on House Bill 51 (measures to enhance and
10	10	maintain the quality of state universities, including funding and
11	11	incentives to support emerging public research universities, to the
12	12	abolition of the higher education fund, to the institutional
13	13	groupings under the Texas Higher Education Coordinating Board's
14	14	accountability system, to the independent status of Lamar Institute
15	15	of Technology, to research conducted by public universities and
16	16	other state entities, and to the authorization of revenue bonds for
17	17	certain institutions of higher education) to consider and take
18	18	action on the following matter:
19	19	House Rule 13, Section 9(a)(4), is suspended to permit the
20	20	committee to add the following new SECTIONS to the bill:
21	21	SECTION 2. Subchapter B, Chapter 55, Education Code, is
22	22	amended by adding Sections 55.1771 and 55.17721 to read as follows:
23	23	Sec. 55.1771. TEXAS A&M UNIVERSITY AT GALVESTON. (a) In
24	24	addition to the other authority granted by this subchapter and
25	25	subject to the other provisions of this section, the board of
26	26	regents of The Texas A&M University System may acquire, purchase,
27	27	construct, improve, renovate, enlarge, or equip property,
28	28	buildings, structures, facilities, roads, or related
29	29	infrastructure for Texas A&M University at Galveston for an erosion
30	30	control breakwater, a dock, or any other related purpose reasonably
31	31	necessary to assist the institution to recover from any damage or
32	32	other impact caused by Hurricane Ike, to be financed by the issuance
33	33	of bonds in accordance with this subchapter, including bonds issued
34	34	in accordance with a systemwide revenue financing program and
35	35	secured as provided by that program, in an aggregate principal
36	36	amount not to exceed $5 million.
37	37	(b) The board of regents may pledge irrevocably to the
38	38	payment of the bonds authorized by this section all or any part of
39	39	the revenue funds of an institution, branch, or entity of The Texas
40	40	A&M University System, including student tuition charges. The
41	41	amount of a pledge made under this subsection may not be reduced or
42	42	abrogated while the bonds for which the pledge is made, or bonds
43	43	issued to refund those bonds, are outstanding.
44	44	(c) If sufficient funds are not available to the board of
45	45	regents to meet its obligations under this section, the board may
46	46	transfer funds among institutions, branches, and entities of The
47	47	Texas A&M University System to ensure the most equitable and
48	48	efficient allocation of available resources for each institution,
49	49	branch, or entity to carry out its duties and purposes.
50	50	Sec. 55.17721. THE UNIVERSITY OF TEXAS MEDICAL BRANCH AT
51	51	GALVESTON. (a) In addition to the other authority granted by this
52	52	subchapter and subject to the other provisions of this section, the
53	53	board of regents of The University of Texas System may acquire,
54	54	purchase, construct, improve, renovate, enlarge, or equip
55	55	property, buildings, structures, facilities, roads, or related
56	56	infrastructure for The University of Texas Medical Branch at
57	57	Galveston for any purpose reasonably necessary to assist the
58	58	institution to recover from any damage or other impact caused by
59	59	Hurricane Ike, to be financed by the issuance of bonds in accordance
60	60	with this subchapter, including bonds issued in accordance with a
61	61	systemwide revenue financing program and secured as provided by
62	62	that program, in an aggregate principal amount not to exceed $150
63	63	million.
64	64	(b) The board may pledge irrevocably to the payment of the
65	65	bonds authorized by this section all or any part of the revenue
66	66	funds of an institution, branch, or entity of The University of
67	67	Texas System, including student tuition charges. The amount of a
68	68	pledge made under this subsection may not be reduced or abrogated
69	69	while the bonds for which the pledge is made, or bonds issued to
70	70	refund those bonds, are outstanding.
71	71	(c) If sufficient funds are not available to the board to
72	72	meet its obligations under this section, the board may transfer
73	73	funds among institutions, branches, and entities of The University
74	74	of Texas System to ensure the most equitable and efficient
75	75	allocation of available resources for each institution, branch, or
76	76	entity to carry out its duties and purposes.
77	77	(d) Any transfer of funds to the board pursuant to an
78	78	appropriation of state funds to the board or The University of Texas
79	79	Medical Branch at Galveston for the purpose of reimbursing the
80	80	board for all or part of the debt service on bonds issued under this
81	81	section is subject to the prior approval of the Legislative Budget
82	82	Board. In determining whether to approve a transfer of state funds
83	83	for that purpose, the Legislative Budget Board shall consider:
84	84	(1) whether the commissioners court of the county in
85	85	which the medical branch is located has entered into an agreement
86	86	with the board under which the county agrees to reimburse the board
87	87	for all or part of any otherwise unreimbursed costs incurred by the
88	88	medical branch to provide health care services to individuals who
89	89	are residents of the county and whose net family income is not more
90	90	than 100 percent of the federal poverty level; or
91	91	(2) whether the county in which the medical branch is
92	92	located or a hospital district that includes that county imposes an
93	93	ad valorem tax for health care purposes.
94	94	(e) For purposes of Subsection (d), the county of residence
95	95	of an individual is determined in the same manner as provided by
96	96	Chapter 61, Health and Safety Code.
97	97	SECTION 3. Section 61.0572(e), Education Code, is amended
98	98	to read as follows:
99	99	(e) Approval of the board is not required to acquire real
100	100	property that is financed by bonds issued under Section 55.17(e)(3)
101	101	or (4), 55.1713-55.1718, 55.1721-55.1728, 55.1735(a)(1), 55.174,
102	102	55.1742, 55.1743, 55.1744, 55.1751-55.17592, [or] 55.1768,
103	103	55.1771, or 55.17721, except that the board shall review all real
104	104	property to be financed by bonds issued under those sections to
105	105	determine whether the property meets the standards adopted by the
106	106	board for cost, efficiency, and space use. If the property does not
107	107	meet those standards, the board shall notify the governor, the
108	108	lieutenant governor, the speaker of the house of representatives,
109	109	and the Legislative Budget Board.
110	110	SECTION 4. Section 61.058(b), Education Code, is amended to
111	111	read as follows:
112	112	(b) This section does not apply to construction, repair, or
113	113	rehabilitation financed by bonds issued under Section 55.17(e)(3)
114	114	or (4), 55.1713-55.1718, 55.1721-55.1728, 55.174, 55.1742,
115	115	55.1743, 55.1744, 55.1751-55.17592, [or] 55.1768, 55.1771, or
116	116	55.17721, except that the board shall review all construction,
117	117	repair, or rehabilitation to be financed by bonds issued under
118	118	those sections to determine whether the construction,
119	119	rehabilitation, or repair meets the standards adopted by board rule
120	120	for cost, efficiency, and space use. If the construction,
121	121	rehabilitation, or repair does not meet those standards, the board
122	122	shall notify the governor, the lieutenant governor, the speaker of
123	123	the house of representatives, and the Legislative Budget Board.
124	124	Explanation: This addition is necessary to enable the
125	125	governing boards of Texas A&M University at Galveston and The
126	126	University of Texas Medical Branch at Galveston to issue tuition
127	127	revenue bonds to finance capital improvements at those institutions
128	128	that are reasonably necessary to assist the institutions in
129	129	recovering from any damage or other impact caused by Hurricane Ike.
130	130	Branch
131	131	______________________________
132	132	Speaker of the House
133	133	I certify that H.R. No. 2925 was adopted by the House on May
134	134	31, 2009, by the following vote: Yeas 142, Nays 0, 2 present, not
135	135	voting.
136	136	______________________________
137	137	Chief Clerk of the House