| 1 | 1 | | S.B. No. 1796 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the approval of certain construction, repair, or |
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| 6 | 6 | | rehabilitation projects at public institutions of higher education |
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| 7 | 7 | | in this state. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 61.058, Education Code, is amended by |
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| 10 | 10 | | amending Subsection (a) and adding Subsection (c) to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | (a) Except as provided by Subsection (b) of this section, |
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| 13 | 13 | | the board shall approve or disapprove all new construction and |
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| 14 | 14 | | repair and rehabilitation of all buildings and facilities at |
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| 15 | 15 | | institutions of higher education financed from any source provided |
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| 16 | 16 | | that: |
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| 17 | 17 | | (A) the board's consideration and determination |
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| 18 | 18 | | shall be limited to the purpose for which the new or remodeled |
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| 19 | 19 | | buildings are to be used to assure conformity with approved space |
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| 20 | 20 | | utilization standards and the institution's approved programs and |
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| 21 | 21 | | role and mission if the cost of the project is not more than |
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| 22 | 22 | | $4,000,000 [$2,000,000], but the board may consider cost factors |
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| 23 | 23 | | and the financial implications of the project to the state if the |
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| 24 | 24 | | total cost is in excess of $4,000,000 [$2,000,000]; |
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| 25 | 25 | | (B) the requirement of approval for new |
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| 26 | 26 | | construction applies only to projects the total cost of which is in |
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| 27 | 27 | | excess of $4,000,000 [$1,000,000]; |
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| 28 | 28 | | (C) the requirement of approval for major repair |
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| 29 | 29 | | and rehabilitation of buildings and facilities applies only to a |
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| 30 | 30 | | project the total cost of which is more than $4,000,000 |
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| 31 | 31 | | [$2,000,000]; |
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| 32 | 32 | | (D) the requirement of approval or disapproval by |
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| 33 | 33 | | the board does not apply to any new construction or major repair and |
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| 34 | 34 | | rehabilitation project that is specifically approved by the |
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| 35 | 35 | | legislature; |
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| 36 | 36 | | (E) the requirement of approval by the board does |
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| 37 | 37 | | not apply to a junior college's construction, repair, or |
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| 38 | 38 | | rehabilitation financed entirely with funds from a source other |
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| 39 | 39 | | than the state, including funds from ad valorem tax receipts of the |
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| 40 | 40 | | college, gifts, grants, and donations to the college, and student |
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| 41 | 41 | | fees; and |
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| 42 | 42 | | (F) the requirement of approval by the board does |
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| 43 | 43 | | not apply to construction, repair, or rehabilitation of privately |
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| 44 | 44 | | owned buildings and facilities located on land leased from an |
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| 45 | 45 | | institution of higher education if the construction, repair, or |
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| 46 | 46 | | rehabilitation is financed entirely from funds not under the |
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| 47 | 47 | | control of the institution, and provided further that: |
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| 48 | 48 | | (i) the buildings and facilities are to be |
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| 49 | 49 | | used exclusively for auxiliary enterprises; and |
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| 50 | 50 | | (ii) the buildings and facilities will not |
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| 51 | 51 | | require appropriations from the legislature for operation, |
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| 52 | 52 | | maintenance, or repair unless approval by the board has been |
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| 53 | 53 | | obtained. |
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| 54 | 54 | | (c) As necessary to ensure that the board is required to |
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| 55 | 55 | | approve only substantial construction, repair, or rehabilitation |
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| 56 | 56 | | projects at institutions of higher education, for all projects |
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| 57 | 57 | | described by Subsection (a)(B) or (a)(C) the board by rule may |
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| 58 | 58 | | increase the total cost threshold required for board approval under |
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| 59 | 59 | | this section. |
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| 60 | 60 | | SECTION 2. The change in law made by this Act in amending |
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| 61 | 61 | | Section 61.058, Education Code, applies only to a project for which |
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| 62 | 62 | | an institution of higher education submits an initial application |
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| 63 | 63 | | for approval on or after the effective date of this Act. A project |
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| 64 | 64 | | for which an institution of higher education submits an initial |
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| 65 | 65 | | application for approval before the effective date of this Act is |
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| 66 | 66 | | covered by the law in effect when the institution submitted the |
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| 67 | 67 | | initial application, and the former law is continued in effect for |
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| 68 | 68 | | that purpose. |
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| 69 | 69 | | SECTION 3. This Act takes effect September 1, 2009. |
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| 70 | 70 | | ______________________________ ______________________________ |
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| 71 | 71 | | President of the Senate Speaker of the House |
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| 72 | 72 | | I hereby certify that S.B. No. 1796 passed the Senate on |
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| 73 | 73 | | April 23, 2009, by the following vote: Yeas 30, Nays 0. |
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| 74 | 74 | | ______________________________ |
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| 75 | 75 | | Secretary of the Senate |
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| 76 | 76 | | I hereby certify that S.B. No. 1796 passed the House on |
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| 77 | 77 | | May 19, 2009, by the following vote: Yeas 142, Nays 3, one |
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| 78 | 78 | | present not voting. |
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| 79 | 79 | | ______________________________ |
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| 80 | 80 | | Chief Clerk of the House |
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| 81 | 81 | | Approved: |
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| 82 | 82 | | ______________________________ |
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| 83 | 83 | | Date |
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| 84 | 84 | | ______________________________ |
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| 85 | 85 | | Governor |
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