81R38444 KSD-D
By: Zaffirini S.R. No. 1073
R E S O L U T I O N
BE IT RESOLVED by the Senate of the State of Texas, 81st
Legislature, Regular Session, 2009, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on House
Bill 51 (measures to enhance and maintain the quality of state
universities, including funding and incentives to support emerging
public research universities, to the abolition of the higher
education fund, to the institutional groupings under the Texas
Higher Education Coordinating Board's accountability system, to
the independent status of Lamar Institute of Technology, to
research conducted by public universities and other state entities,
and to the authorization of revenue bonds for certain institutions
of higher education) to consider and take action on the following
matter:
Senate Rule 12.03(4) is suspended to permit the committee to
add the following new SECTIONS to the bill:
SECTION 2. Subchapter B, Chapter 55, Education Code, is
amended by adding Sections 55.1771 and 55.17721 to read as follows:
Sec. 55.1771. TEXAS A&M UNIVERSITY AT GALVESTON. (a) In
addition to the other authority granted by this subchapter and
subject to the other provisions of this section, the board of
regents of The Texas A&M University System may acquire, purchase,
construct, improve, renovate, enlarge, or equip property,
buildings, structures, facilities, roads, or related
infrastructure for Texas A&M University at Galveston for an erosion
control breakwater, a dock, or any other related purpose reasonably
necessary to assist the institution to recover from any damage or
other impact caused by Hurricane Ike, to be financed by the issuance
of bonds in accordance with this subchapter, including bonds issued
in accordance with a systemwide revenue financing program and
secured as provided by that program, in an aggregate principal
amount not to exceed $5 million.
(b) The board of regents may pledge irrevocably to the
payment of the 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 of
regents 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.
Sec. 55.17721. THE UNIVERSITY OF TEXAS MEDICAL BRANCH AT
GALVESTON. (a) In addition to the other authority granted by this
subchapter and subject to the other provisions of this section, the
board of regents of The University of Texas System may acquire,
purchase, construct, improve, renovate, enlarge, or equip
property, buildings, structures, facilities, roads, or related
infrastructure for The University of Texas Medical Branch at
Galveston for any purpose reasonably necessary to assist the
institution to recover from any damage or other impact caused by
Hurricane Ike, to be financed by the issuance of bonds in accordance
with this subchapter, including bonds issued in accordance with a
systemwide revenue financing program and secured as provided by
that program, in an aggregate principal amount not to exceed $150
million.
(b) The board may pledge irrevocably to the payment of the
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) Any transfer of funds to the board pursuant to an
appropriation of state funds to the board or The University of Texas
Medical Branch at Galveston for the purpose of reimbursing the
board for all or part of the debt service on bonds issued under this
section is subject to the prior approval of the Legislative Budget
Board. In determining whether to approve a transfer of state funds
for that purpose, the Legislative Budget Board shall consider:
(1) whether the commissioners court of the county in
which the medical branch is located has entered into an agreement
with the board under which the county agrees to reimburse the board
for all or part of any otherwise unreimbursed costs incurred by the
medical branch to provide health care services to individuals who
are residents of the county and whose net family income is not more
than 100 percent of the federal poverty level; or
(2) whether the county in which the medical branch is
located or a hospital district that includes that county imposes an
ad valorem tax for health care purposes.
(e) For purposes of Subsection (d), the county of residence
of an individual is determined in the same manner as provided by
Chapter 61, Health and Safety Code.
SECTION 3. Section 61.0572(e), Education Code, is amended
to read as follows:
(e) Approval of the board is not required to acquire real
property that is financed by bonds issued under Section 55.17(e)(3)
or (4), 55.1713-55.1718, 55.1721-55.1728, 55.1735(a)(1), 55.174,
55.1742, 55.1743, 55.1744, 55.1751-55.17592, [or] 55.1768,
55.1771, or 55.17721, except that the board shall review all real
property to be financed by bonds issued under those sections to
determine whether the property meets the standards adopted by the
board for cost, efficiency, and space use. If the property does not
meet those standards, the board shall notify the governor, the
lieutenant governor, the speaker of the house of representatives,
and the Legislative Budget Board.
SECTION 4. Section 61.058(b), Education Code, is amended to
read as follows:
(b) This section does not apply to construction, repair, or
rehabilitation financed by bonds issued under Section 55.17(e)(3)
or (4), 55.1713-55.1718, 55.1721-55.1728, 55.174, 55.1742,
55.1743, 55.1744, 55.1751-55.17592, [or] 55.1768, 55.1771, or
55.17721, except that the board shall review all construction,
repair, or rehabilitation to be financed by bonds issued under
those sections to determine whether the construction,
rehabilitation, or repair meets the standards adopted by board rule
for cost, efficiency, and space use. If the construction,
rehabilitation, or repair does not meet those standards, the board
shall notify the governor, the lieutenant governor, the speaker of
the house of representatives, and the Legislative Budget Board.
Explanation: This addition is necessary to enable the
governing boards of Texas A&M University at Galveston and The
University of Texas Medical Branch at Galveston to issue tuition
revenue bonds to finance capital improvements at those institutions
that are reasonably necessary to assist the institutions in
recovering from any damage or other impact caused by Hurricane Ike.