82R8527 KSD-D
By: Morrison H.B. No. 2556
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of the University of Houston--Victoria to
The Texas A&M University System.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. AMENDMENT. Chapter 87, Education Code, is
amended by adding Subchapter M to read as follows:
SUBCHAPTER M. TEXAS A&M UNIVERSITY--VICTORIA
Sec. 87.881. ESTABLISHMENT; SCOPE. (a) Texas A&M
University--Victoria is a general academic teaching institution
located in the city of Victoria.
(b) The university is a component institution of The Texas
A&M University System and is under the management and control of the
board of regents of The Texas A&M University System. The board of
regents has the same powers and duties concerning Texas A&M
University--Victoria as are conferred on the board by statute
concerning Texas A&M University.
Sec. 87.882. COURSES AND DEGREES; ADMINISTRATION. (a) The
university shall offer undergraduate and graduate level programs.
(b) The board of regents may prescribe courses leading to
appropriate degrees and adopt other rules necessary for the
operation and management of the university.
(c) The university is subject to the authority of the Texas
Higher Education Coordinating Board.
Sec. 87.883. GIFTS AND GRANTS. The board of regents may
solicit, accept, and administer gifts and grants for the use and
benefit of the university.
SECTION 2. TRANSFER OF GOVERNANCE OF UNIVERSITY. The
governance, control, management, and property of the University of
Houston--Victoria are transferred from the board of regents of the
University of Houston System to the board of regents of The Texas
A&M University System. The transfer is governed by Sections 3
through 7 of this Act.
SECTION 3. POWERS AND DUTIES; RULES AND POLICIES. (a) When
the transfer takes effect, the board of regents of The Texas A&M
University System shall govern, operate, manage, and control the
University of Houston--Victoria and all land, buildings,
facilities, improvements, equipment, supplies, and property
belonging to and constituting the University of Houston--Victoria
under the powers and duties conferred by law on the board of
regents.
(b) Rules and policies adopted by the board of regents of
the University of Houston System to govern the university that are
in effect when the transfer takes effect are continued in effect
until adopted, repealed, or superseded by the board of regents of
The Texas A&M University System. The board of regents of The Texas
A&M University System may adopt rules and policies applicable to
the university in anticipation of the transfer authorized by this
Act.
SECTION 4. CONTRACTS AND WRITTEN OBLIGATIONS, INCLUDING
BONDS. Contracts and written obligations of every kind and
character entered into by the board of regents of the University of
Houston System for and on behalf of the University of
Houston--Victoria, including bonds, are considered ratified,
confirmed, and validated by the board of regents of The Texas A&M
University System on the effective date of the transfer. In those
contracts and written obligations, the board of regents of The
Texas A&M University System is substituted for and stands and acts
in the place of the board of regents of the University of Houston
System to the extent permitted by law.
SECTION 5. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
(a) The transfer of the governance of the University of
Houston--Victoria under this Act does not affect the status of any
student of the university.
(b) The transfer of the governance of the University of
Houston--Victoria under this Act does not affect the employment
status or accrued benefits of a person employed by the university
when the transfer takes effect.
SECTION 6. CURRENT FUNDING. All funds that, on the
effective date of the transfer, have been appropriated or dedicated
to or are held for the use and benefit of the University of
Houston--Victoria under the governance of the board of regents of
the University of Houston System are transferred to the board of
regents of The Texas A&M University System for the use and benefit
of Texas A&M University--Victoria.
SECTION 7. LEGISLATIVE INTENT; ROLE OF COORDINATING BOARD.
It is the intent of the legislature that the transfer of the
governance of the University of Houston--Victoria from the board of
regents of the University of Houston System to the board of regents
of The Texas A&M University System be made without disrupting the
students, faculty, staff, or programs of the university. If those
boards of regents are unable to agree as to any matter relating to
the transfer, the Texas Higher Education Coordinating Board on
application of either board of regents shall resolve the
disagreement consistent with the intent of this section and the
provisions of this Act as the coordinating board determines is in
the best interest of this state and the institutions under the
governance of the boards of regents. The coordinating board may
issue any orders or take any other action the coordinating board
considers appropriate to enforce this section or to facilitate the
transfer consistent with this Act and the intent of the
legislature.
SECTION 8. AMENDMENT. Section 55.1723(a), Education Code,
is amended to read as follows:
(a) In addition to the other authority granted by this
subchapter, the board of regents of the University of Houston
System may acquire, purchase, construct, improve, renovate,
enlarge, or equip property, buildings, structures, facilities,
roads, or related infrastructure for the following institutions to
be financed by the issuance of bonds in accordance with this
subchapter and in accordance with a systemwide revenue financing
program adopted by the board in an aggregate principal amount not to
exceed the following amounts:
(1) the University of Houston, $12 million; and
(2) the University of Houston--Downtown, $7.5
million[; and
[(3) the University of Houston--Victoria, $10
million].
SECTION 9. AMENDMENT. Section 55.1733(a), Education Code,
is amended to read as follows:
(a) In addition to the other authority granted by this
subchapter, the board of regents of the University of Houston
System may issue in accordance with this subchapter and in
accordance with a systemwide revenue financing program adopted by
the board bonds for the following institutions not to exceed the
following aggregate principal amounts to finance projects
specified as follows:
(1) the University of Houston, $51 million to
construct science and engineering research and classroom
facilities;
(2) the University of Houston--Downtown, $18,232,500
to construct a classroom building; and
(3) the University of Houston--Clear Lake,
$30,918,750 to construct a student services and classroom
building[; and
[(4) the University of Houston--Victoria, $2,805,000
to remodel the University West facility, acquire and renovate a
facility services building, and renovate and expand a facility for
the center for community initiatives].
SECTION 10. AMENDMENT. Section 55.1753(a), Education Code,
is amended to read as follows:
(a) In addition to the other authority granted by this
subchapter, the board of regents of the University of Houston
System may acquire, purchase, construct, improve, renovate,
enlarge, or equip facilities, including roads and related
infrastructure, for the following institutions, to be financed
through the issuance of bonds in accordance with this subchapter
and in accordance with a systemwide revenue financing program
adopted by the board, in aggregate principal amounts not to exceed
the following:
(1) the University of Houston, $57,600,000 for
renovation of science laboratories;
(2) the University of Houston--Clear Lake,
$10,604,808 for Arbor Building renovations and additions; and
(3) the University of Houston--Downtown, $31,626,000
for a classroom building at Shea Street[; and
[(4) the University of Houston--Victoria:
[(A) $22,900,000 for an academic building at the
University of Houston System Center at Sugar Land;
[(B) $6,719,400 for regional economic
development; and
[(C) $1,800,000 for allied health facilities].
SECTION 11. AMENDMENT. Subchapter B, Chapter 55, Education
Code, is amended by adding Section 55.17812 to read as follows:
Sec. 55.17812. TEXAS A&M UNIVERSITY--VICTORIA. (a) In
addition to the other authority granted by this subchapter, the
board of regents of The Texas A&M University System may issue bonds
in accordance with this subchapter and in accordance with a
systemwide revenue financing program adopted by the board in the
aggregate principal amounts not to exceed the amounts previously
authorized for the University of Houston--Victoria by Sections
55.1723, 55.173, 55.1733, and 55.1753, as those sections existed
immediately before this section took effect, less any portion of
those amounts for which bonds were issued under those sections for
the university before the date this section took effect. Subject to
Subsection (d), bonds issued under this section for an amount
previously authorized by Section 55.1723, 55.173, 55.1733, or
55.1753 may be used only at Texas A&M University--Victoria for the
purposes for which the bonds for the University of
Houston--Victoria were authorized to be issued under Section
55.1723, 55.173, 55.1733, or 55.1753, as applicable.
(b) The board may pledge irrevocably to the payment of those
bonds 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 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.
(d) Any portion of the proceeds of bonds authorized by this
section for one or more specified projects that is not required for
the specified projects may be used to renovate existing structures
and facilities at the university.
SECTION 12. AMENDMENT. Section 62.021, Education Code, is
amended to read as follows:
Sec. 62.021. ALLOCATIONS. (a) In each state fiscal year
beginning with the state fiscal year ending August 31, 2011, an
eligible institution is entitled to receive an amount allocated in
accordance with this section from the funds appropriated for that
year by Section 17(a), Article VII, Texas Constitution. The
comptroller shall distribute funds allocated under this subsection
only on presentation of a claim and issuance of a warrant in
accordance with Section 403.071, Government Code. An eligible
institution may not present a claim to be paid from any funds
allocated under this subsection before the delivery of goods or
services described in Section 17, Article VII, Texas Constitution,
except for the payment of principal or interest on bonds or notes or
for a payment for a book or other published library material as
authorized by Section 2155.386, Government Code. The allocation
of funds under this subsection is made in accordance with an
equitable formula consisting of the following elements: space
deficit, facilities condition, institutional complexity, and a
separate allocation for the Texas State Technical College
System. The annual amounts allocated by the formula are as
follows:
(1) $3,559,433 to Midwestern State University;
(2) $27,846,476 to the University of North Texas;
(3) $8,771,265 to the University of North Texas Health
Science Center at Fort Worth;
(4) $12,311,123 to The University of Texas--Pan
American;
(5) $5,057,420 to The University of Texas at
Brownsville;
(6) $8,425,937 to Stephen F. Austin State University;
(7) to the following component institutions of the
Texas State University System:
(A) $8,330,933 to Lamar University;
(B) $2,332,463 to the Lamar Institute of
Technology;
(C) $1,235,752 to Lamar State College--Orange;
(D) $1,244,694 to Lamar State College--Port
Arthur;
(E) $11,893,110 to Sam Houston State University;
(F) $21,863,258 to Texas State University--San
Marcos;
(G) $1,625,061 to Sul Ross State University; and
(H) $445,380 to Sul Ross State University-Rio
Grande College;
(8) $8,894,700 to Texas Southern University;
(9) to the following component institutions of the
Texas Tech University System:
(A) $23,936,088 to Texas Tech University;
(B) $16,973,569 to Texas Tech University Health
Sciences Center; and
(C) $3,743,027 to Angelo State University;
(10) $10,169,695 to Texas Woman's University;
(11) to the following component institutions of the
University of Houston System:
(A) $35,885,768 to the University of Houston;
(B) [$2,393,921 to the University of
Houston--Victoria;
[(C)] $5,214,167 to the University of
Houston--Clear Lake; and
(C) [(D)] $7,435,238 to the University of
Houston--Downtown;
(12) to the following component institutions of The
Texas A&M University System:
(A) $7,139,067 to Texas A&M University--Corpus
Christi;
(B) $3,796,436 to Texas A&M International
University;
(C) $5,046,885 to Texas A&M
University--Kingsville;
(D) $4,652,995 to West Texas A&M University;
(E) $5,193,232 to Texas A&M
University--Commerce; [and]
(F) $1,307,907 to Texas A&M
University--Texarkana; and
(G) $2,393,921 to Texas A&M
University--Victoria; and
(13) $5,775,000 to the Texas State Technical College
System Administration and the following component campuses, but not
its extension centers or programs:
(A) Texas State Technical College-Harlingen;
(B) Texas State Technical College--Marshall;
(C) Texas State Technical College--West Texas;
and
(D) Texas State Technical College--Waco.
SECTION 13. REPEALER. The following provisions of the
Education Code are repealed:
(1) Section 55.173; and
(2) Subchapter G, Chapter 111.
SECTION 14. EFFECTIVE DATE. This Act takes effect
September 1, 2011.