By: Zaffirini S.B. No. 26
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the issuance of revenue bonds to fund
capital projects at public institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 55, Education Code, is
amended by adding Sections 55.1781, 55.1782, 55.1783, 55.1784,
55.1785, 55.1786, 55.1787, 55.1788, 55.1789, 55.17891, and
55.17892 to read as follows:
Sec. 55.1781. THE TEXAS A&M UNIVERSITY SYSTEM; ADDITIONAL
BONDS. (a) In addition to the other authority granted by this
subchapter, the board of regents of The Texas A&M University System
may acquire, purchase, construct, improve, renovate, enlarge, or
equip facilities, including roads and related infrastructure, for
projects 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 for the institutions and
facilities identified in the Texas Higher Education Coordinating
Board tuition revenue bond evaluation report submitted to the
Legislative Budget Board by January 15, 2013.
(b) The board may pledge irrevocably to the payment of 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 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. 55.1782. THE UNIVERSITY OF TEXAS SYSTEM; ADDITIONAL
BONDS. (a) In addition to the other authority granted by this
subchapter, the board of regents of The University of Texas System
may acquire, purchase, construct, improve, renovate, enlarge, or
equip facilities, including roads and related infrastructure, for
projects 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 for the institutions and
facilities identified in the Texas Higher Education Coordinating
Board tuition revenue bond evaluation report submitted to the
Legislative Budget Board by January 15, 2013.
(b) The board may pledge irrevocably to the payment of 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.
Sec. 55.1783. UNIVERSITY OF HOUSTON SYSTEM; ADDITIONAL
BONDS. (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 for the institutions and facilities identified
in the Texas Higher Education Coordinating Board tuition revenue
bond evaluation report submitted to the Legislative Budget Board by
January 15, 2013.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
an institution, branch, or entity of the University of Houston
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 Houston 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. 55.1784. TEXAS STATE UNIVERSITY SYSTEM; ADDITIONAL
BONDS. (a) In addition to the other authority granted by this
subchapter, the board of regents of the Texas State University
System may acquire, purchase, construct, improve, renovate,
enlarge, or equip facilities, including roads and related
infrastructure, for projects 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 for the
institutions and facilities identified in the Texas Higher
Education Coordinating Board tuition revenue bond evaluation
report submitted to the Legislative Budget Board by January 15,
2013.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
an institution, branch, or entity of the Texas State 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 State
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. 55.1785. UNIVERSITY OF NORTH TEXAS SYSTEM; ADDITIONAL
BONDS. (a) In addition to the other authority granted by this
subchapter, the board of regents of the University of North Texas
System may acquire, purchase, construct, improve, renovate,
enlarge, or equip facilities, including roads and related
infrastructure, for projects 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 for the
institutions and facilities identified in the Texas Higher
Education Coordinating Board tuition revenue bond evaluation
report submitted to the Legislative Budget Board by January 15,
2013.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
an institution, branch, or entity of the University of North 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 North 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.
Sec. 55.1786. TEXAS WOMAN'S UNIVERSITY. (a) In addition
to the other authority granted by this subchapter, the board of
regents of Texas Woman's University may acquire, purchase,
construct, improve, renovate, enlarge, or equip facilities,
including roads and related infrastructure, for projects to be
financed through the issuance of bonds in accordance with this
subchapter and identified in the Texas Higher Education
Coordinating Board tuition revenue bond evaluation report
submitted to the Legislative Budget Board by January 15, 2013.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
Texas Woman's University, 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.
Sec. 55.1787. MIDWESTERN STATE UNIVERSITY; ADDITIONAL
BONDS. (a) In addition to the other authority granted by this
subchapter, the board of regents of Midwestern State University may
acquire, purchase, construct, improve, renovate, enlarge, or equip
facilities, including roads and related infrastructure, identified
in the Texas Higher Education Coordinating Board tuition revenue
bond evaluation report submitted to the Legislative Budget Board by
January 15, 2013.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
Midwestern State University, 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.
Sec. 55.1788. STEPHEN F. AUSTIN STATE UNIVERSITY. (a) In
addition to the other authority granted by this subchapter, the
board of regents of Stephen F. Austin State University may acquire,
purchase, construct, improve, renovate, enlarge, or equip
facilities, including roads and related infrastructure, identified
in the Texas Higher Education Coordinating Board tuition revenue
bond evaluation report submitted to the Legislative Budget Board by
January 15, 2013.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
Stephen F. Austin State University, 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.
Sec. 55.1789. TEXAS TECH UNIVERSITY SYSTEM; ADDITIONAL
BONDS. (a) In addition to the other authority granted by this
subchapter, the board of regents of the Texas Tech University
System may acquire, purchase, construct, improve, renovate,
enlarge, or equip facilities, including roads and related
infrastructure, for projects 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 for the
institutions and facilities identified in the Texas Higher
Education Coordinating Board tuition revenue bond evaluation
report submitted to the Legislative Budget Board by January 15,
2013.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
an institution, branch, or entity of the Texas Tech 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 Tech
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. 55.17891. TEXAS SOUTHERN UNIVERSITY; ADDITIONAL
BONDS. (a) In addition to the other authority granted by this
subchapter, the board of regents of Texas Southern University may
acquire, purchase, construct, improve, renovate, enlarge, or equip
facilities, including roads and related infrastructure, identified
in the Texas Higher Education Coordinating Board tuition revenue
bond evaluation report submitted to the Legislative Budget Board by
January 15, 2013.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
Texas Southern University, 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.
Sec. 55.17892. TEXAS STATE TECHNICAL COLLEGE SYSTEM.
(a) In addition to the other authority granted by this subchapter,
the board of regents of the Texas State Technical College System may
acquire, purchase, construct, improve, renovate, enlarge, or equip
property, buildings, structures, facilities, roads, or related
infrastructure, for projects to be financed through the issuance of
bonds in accordance with this subchapter and identified in the
Texas Higher Education Coordinating Board tuition revenue bond
evaluation report submitted to the Legislative Budget Board by
January 15, 2013.
(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 State Technical College 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 State
Technical College 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.
SECTION 2. 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, 55.1768, 55.1771,
[or] 55.17721, or 55.1781-55.17892, 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 3. 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, 55.1768, 55.1771, [or]
55.17721, or 55.1781-55.17892, 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.
SECTION 4. This Act does not affect any authority or
restriction regarding the activities that a public institution of
higher education may conduct in connection with a facility financed
by bonds authorized by this Act.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.