S.B. No. 1796
AN ACT
relating to the approval of certain construction, repair, or
rehabilitation projects at public institutions of higher education
in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.058, Education Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) Except as provided by Subsection (b) of this section,
the board shall approve or disapprove all new construction and
repair and rehabilitation of all buildings and facilities at
institutions of higher education financed from any source provided
that:
(A) the board's consideration and determination
shall be limited to the purpose for which the new or remodeled
buildings are to be used to assure conformity with approved space
utilization standards and the institution's approved programs and
role and mission if the cost of the project is not more than
$4,000,000 [$2,000,000], but the board may consider cost factors
and the financial implications of the project to the state if the
total cost is in excess of $4,000,000 [$2,000,000];
(B) the requirement of approval for new
construction applies only to projects the total cost of which is in
excess of $4,000,000 [$1,000,000];
(C) the requirement of approval for major repair
and rehabilitation of buildings and facilities applies only to a
project the total cost of which is more than $4,000,000
[$2,000,000];
(D) the requirement of approval or disapproval by
the board does not apply to any new construction or major repair and
rehabilitation project that is specifically approved by the
legislature;
(E) the requirement of approval by the board does
not apply to a junior college's construction, repair, or
rehabilitation financed entirely with funds from a source other
than the state, including funds from ad valorem tax receipts of the
college, gifts, grants, and donations to the college, and student
fees; and
(F) the requirement of approval by the board does
not apply to construction, repair, or rehabilitation of privately
owned buildings and facilities located on land leased from an
institution of higher education if the construction, repair, or
rehabilitation is financed entirely from funds not under the
control of the institution, and provided further that:
(i) the buildings and facilities are to be
used exclusively for auxiliary enterprises; and
(ii) the buildings and facilities will not
require appropriations from the legislature for operation,
maintenance, or repair unless approval by the board has been
obtained.
(c) As necessary to ensure that the board is required to
approve only substantial construction, repair, or rehabilitation
projects at institutions of higher education, for all projects
described by Subsection (a)(B) or (a)(C) the board by rule may
increase the total cost threshold required for board approval under
this section.
SECTION 2. The change in law made by this Act in amending
Section 61.058, Education Code, applies only to a project for which
an institution of higher education submits an initial application
for approval on or after the effective date of this Act. A project
for which an institution of higher education submits an initial
application for approval before the effective date of this Act is
covered by the law in effect when the institution submitted the
initial application, and the former law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1796 passed the Senate on
April 23, 2009, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1796 passed the House on
May 19, 2009, by the following vote: Yeas 142, Nays 3, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor