Texas 2009 - 81st Regular

Texas Senate Bill SR1073 Compare Versions

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1	1	By: Zaffirini S.R. No. 1073
2	2
3	3
4	4	SENATE RESOLUTION
5	5	BE IT RESOLVED by the Senate of the State of Texas, 81st
6	6	Legislature, Regular Session, 2009, That Senate Rule 12.03 be
7	7	suspended in part as provided by Senate Rule 12.08 to enable the
8	8	conference committee appointed to resolve the differences on
9	9	House Bill No. 51 (measures to enhance and maintain the quality
10	10	of state universities, including funding and incentives to
11	11	support emerging public research universities, to the abolition
12	12	of the higher education fund, to the institutional groupings
13	13	under the Texas Higher Education Coordinating Board's
14	14	accountability system, to the independent status of Lamar
15	15	Institute of Technology, to research conducted by public
16	16	universities and other state entities, and to the authorization
17	17	of revenue bonds for certain institutions of higher education) to
18	18	consider and take action on the following matter:
19	19	Senate Rule 12.03(4) is suspended to permit the committee
20	20	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
23	23	follows:
24	24	Sec. 55.1771. TEXAS A&M UNIVERSITY AT GALVESTON. (a) In
25	25	addition to the other authority granted by this subchapter and
26	26	subject to the other provisions of this section, the board of
27	27	regents of The Texas A&M University System may acquire, purchase,
28	28	construct, improve, renovate, enlarge, or equip property,
29	29	buildings, structures, facilities, roads, or related
30	30	infrastructure for Texas A&M University at Galveston for an
31	31	erosion control breakwater, a dock, or any other related purpose
32	32	reasonably necessary to assist the institution to recover from
33	33	any damage or other impact caused by Hurricane Ike, to be
34	34	financed by the issuance of bonds in accordance with this
35	35	subchapter, including bonds issued in accordance with a
36	36	systemwide revenue financing program and secured as provided by
37	37	that program, in an aggregate principal amount not to exceed $5
38	38	million.
39	39	(b) The board of regents may pledge irrevocably to the
40	40	payment of the bonds authorized by this section all or any part of
41	41	the revenue funds of an institution, branch, or entity of The
42	42	Texas A&M University System, including student tuition charges.
43	43	The amount of a pledge made under this subsection may not be
44	44	reduced or abrogated while the bonds for which the pledge is
45	45	made, or bonds issued to refund those bonds, are outstanding.
46	46	(c) If sufficient funds are not available to the board of
47	47	regents to meet its obligations under this section, the board may
48	48	transfer funds among institutions, branches, and entities of The
49	49	Texas A&M University System to ensure the most equitable and
50	50	efficient allocation of available resources for each
51	51	institution, branch, or entity to carry out its duties and
52	52	purposes.
53	53	Sec. 55.17721. THE UNIVERSITY OF TEXAS MEDICAL BRANCH AT
54	54	GALVESTON. (a) In addition to the other authority granted by
55	55	this subchapter and subject to the other provisions of this
56	56	section, the board of regents of The University of Texas System
57	57	may acquire, purchase, construct, improve, renovate, enlarge, or
58	58	equip property, buildings, structures, facilities, roads, or
59	59	related infrastructure for The University of Texas Medical
60	60	Branch at Galveston for any purpose reasonably necessary to
61	61	assist the institution to recover from any damage or other impact
62	62	caused by Hurricane Ike, to be financed by the issuance of bonds
63	63	in accordance with this subchapter, including bonds issued in
64	64	accordance with a systemwide revenue financing program and
65	65	secured as provided by that program, in an aggregate principal
66	66	amount not to exceed $150 million.
67	67	(b) The board may pledge irrevocably to the payment of
68	68	the bonds authorized by this section all or any part of the
69	69	revenue funds of an institution, branch, or entity of The
70	70	University of Texas System, including student tuition charges.
71	71	The amount of a pledge made under this subsection may not be
72	72	reduced or abrogated while the bonds for which the pledge is
73	73	made, or bonds issued to refund those bonds, are outstanding.
74	74	(c) If sufficient funds are not available to the board to
75	75	meet its obligations under this section, the board may transfer
76	76	funds among institutions, branches, and entities of The
77	77	University of Texas System to ensure the most equitable and
78	78	efficient allocation of available resources for each
79	79	institution, branch, or entity to carry out its duties and
80	80	purposes.
81	81	(d) Any transfer of funds to the board pursuant to an
82	82	appropriation of state funds to the board or The University of
83	83	Texas Medical Branch at Galveston for the purpose of reimbursing
84	84	the board for all or part of the debt service on bonds issued
85	85	under this section is subject to the prior approval of the
86	86	Legislative Budget Board. In determining whether to approve a
87	87	transfer of state funds for that purpose, the Legislative Budget
88	88	Board shall consider:
89	89	(1) whether the commissioners court of the county in
90	90	which the medical branch is located has entered into an agreement
91	91	with the board under which the county agrees to reimburse the
92	92	board for all or part of any otherwise unreimbursed costs
93	93	incurred by the medical branch to provide health care services to
94	94	individuals who are residents of the county and whose net family
95	95	income is not more than 100 percent of the federal poverty level;
96	96	or
97	97	(2) whether the county in which the medical branch
98	98	is located or a hospital district that includes that county
99	99	imposes an ad valorem tax for health care purposes.
100	100	(e) For purposes of Subsection (d), the county of
101	101	residence of an individual is determined in the same manner as
102	102	provided by Chapter 61, Health and Safety Code.
103	103	SECTION 3. Section 61.0572(e), Education Code, is
104	104	amended to read as follows:
105	105	(e) Approval of the board is not required to acquire real
106	106	property that is financed by bonds issued under Section
107	107	55.17(e)(3) or (4), 55.1713-55.1718, 55.1721-55.1728,
108	108	55.1735(a)(1), 55.174, 55.1742, 55.1743, 55.1744,
109	109	55.1751-55.17592, [or] 55.1768, 55.1771, or 55.17721, except
110	110	that the board shall review all real property to be financed by
111	111	bonds issued under those sections to determine whether the
112	112	property meets the standards adopted by the board for cost,
113	113	efficiency, and space use. If the property does not meet those
114	114	standards, the board shall notify the governor, the lieutenant
115	115	governor, the speaker of the house of representatives, and the
116	116	Legislative Budget Board.
117	117	SECTION 4. Section 61.058(b), Education Code, is amended
118	118	to read as follows:
119	119	(b) This section does not apply to construction, repair,
120	120	or rehabilitation financed by bonds issued under Section
121	121	55.17(e)(3) or (4), 55.1713-55.1718, 55.1721-55.1728, 55.174,
122	122	55.1742, 55.1743, 55.1744, 55.1751-55.17592, [or] 55.1768,
123	123	55.1771, or 55.17721, except that the board shall review all
124	124	construction, repair, or rehabilitation to be financed by bonds
125	125	issued under those sections to determine whether the
126	126	construction, rehabilitation, or repair meets the standards
127	127	adopted by board rule for cost, efficiency, and space use. If the
128	128	construction, rehabilitation, or repair does not meet those
129	129	standards, the board shall notify the governor, the lieutenant
130	130	governor, the speaker of the house of representatives, and the
131	131	Legislative Budget Board.
132	132	Explanation: This addition is necessary to enable the
133	133	governing boards of Texas A&M University at Galveston and The
134	134	University of Texas Medical Branch at Galveston to issue tuition
135	135	revenue bonds to finance capital improvements at those
136	136	institutions that are reasonably necessary to assist the
137	137	institutions in recovering from any damage or other impact caused
138	138	by Hurricane Ike.
139	139	_______________________________
140	140	President of the Senate
141	141	I hereby certify that the
142	142	above Resolution was adopted by
143	143	the Senate on May 31, 2009.
144	144	_______________________________
145	145	Secretary of the Senate