By: Zaffirini S.R. No. 1073
SENATE RESOLUTION
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 No. 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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 31, 2009.
_______________________________
Secretary of the Senate