Texas 2013 - 83rd Regular

Texas Senate Bill SB496 Compare Versions

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1	1	By: Seliger, Eltife S.B. No. 496
2	2	(In the Senate - Filed February 11, 2013; February 13, 2013,
3	3	read first time and referred to Committee on Higher Education;
4	4	April 15, 2013, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 5, Nays 1; April 15, 2013,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 496 By: Seliger
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the authority of the Texas Higher Education
13	13	Coordinating Board to review and approve capital projects and
14	14	purchases of real property at public institutions of higher
15	15	education in this state.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	SECTION 1. Subsections (b), (d), and (e), Section 61.0572,
18	18	Education Code, are amended to read as follows:
19	19	(b) The board shall:
20	20	(1) determine formulas for space utilization in all
21	21	educational and general buildings and facilities at institutions of
22	22	higher education;
23	23	(2) devise and promulgate methods to assure maximum
24	24	daily and year-round use of educational and general buildings and
25	25	facilities, including but not limited to maximum scheduling of day
26	26	and night classes and maximum summer school enrollment;
27	27	(3) consider plans for selective standards of
28	28	admission when institutions of higher education approach capacity
29	29	enrollment;
30	30	(4) require, and assist the public technical
31	31	institutes, public senior colleges and universities, medical and
32	32	dental units, and other agencies of higher education in developing
33	33	long-range campus master plans for campus development; and
34	34	(5) [endorse, or delay until the next succeeding
35	35	session of the legislature has the opportunity to approve or
36	36	disapprove, the proposed purchase of any real property by an
37	37	institution of higher education, except a public junior college;
38	38	[(6) develop and publish standards, rules, and
39	39	regulations to guide the institutions and agencies of higher
40	40	education in making application for the approval of new
41	41	construction and major repair and rehabilitation of all buildings
42	42	and facilities regardless of proposed use; and
43	43	[(7)] ascertain that the board's standards and
44	44	specifications for new construction, repair, and rehabilitation of
45	45	all buildings and facilities are in accordance with Chapter 469,
46	46	Government Code [Article 9102, Revised Statutes].
47	47	(d) [(1)] The board[, for purposes of state funding,] may
48	48	review purchases of [and approve as an addition to an institution's
49	49	educational and general buildings and facilities inventory any]
50	50	improved real property added to an institution's educational and
51	51	general buildings and facilities inventory [acquired by gifts or
52	52	lease-purchase only if:
53	53	[(A) the institution requests to place the
54	54	improved real property on its educational and general buildings and
55	55	facilities inventory; and
56	56	[(B) the value of the improved real property is
57	57	more than $300,000 at the time the institution requests the
58	58	property to be added to the educational and general buildings and
59	59	facilities inventory.
60	60	[(2) This subsection does not apply to gifts, grants,
61	61	or lease-purchase arrangements intended for clinical or research
62	62	facilities.
63	63	[(e) Approval of the board is not required to acquire real
64	64	property that is financed by bonds issued under Section 55.17(e)(3)
65	65	or (4), 55.1713-55.1718, 55.1721-55.1728, 55.1735(a)(1), 55.174,
66	66	55.1742, 55.1743, 55.1744, 55.1751-55.17592, 55.1768, 55.1771, or
67	67	55.17721, except that the board shall review all real property to be
68	68	financed by bonds issued under those sections] to determine whether
69	69	the property meets the standards adopted by the board for cost,
70	70	efficiency, and space use, but the purchase of the improved real
71	71	property is not contingent on board review. If the property does
72	72	not meet those standards, the board shall notify the governor, the
73	73	lieutenant governor, the speaker of the house of representatives,
74	74	and the Legislative Budget Board. This subsection does not impair
75	75	the board's authority to collect data relating to the improved real
76	76	property that is added each year to the educational and general
77	77	buildings and facilities inventory of institutions of higher
78	78	education.
79	79	SECTION 2. Subsections (a) and (b), Section 61.058,
80	80	Education Code, are amended to read as follows:
81	81	(a) This section does not apply to [Except as provided by
82	82	Subsection (b) of this section, the board shall approve or
83	83	disapprove all new construction and repair and rehabilitation of
84	84	all buildings and facilities at institutions of higher education
85	85	financed from any source provided that:
86	86	[(A) the board's consideration and determination
87	87	shall be limited to the purpose for which the new or remodeled
88	88	buildings are to be used to assure conformity with approved space
89	89	utilization standards and the institution's approved programs and
90	90	role and mission if the cost of the project is not more than
91	91	$4,000,000, but the board may consider cost factors and the
92	92	financial implications of the project to the state if the total cost
93	93	is in excess of $4,000,000;
94	94	[(B) the requirement of approval for new
95	95	construction applies only to projects the total cost of which is in
96	96	excess of $4,000,000;
97	97	[(C) the requirement of approval for major repair
98	98	and rehabilitation of buildings and facilities applies only to a
99	99	project the total cost of which is more than $4,000,000;
100	100	[(D) the requirement of approval or disapproval
101	101	by the board does not apply to any new construction or major repair
102	102	and rehabilitation project that is specifically approved by the
103	103	legislature;
104	104	[(E) the requirement of approval by the board
105	105	does not apply to a junior college's construction, repair, or
106	106	rehabilitation financed entirely with funds from a source other
107	107	than the state, including funds from ad valorem tax receipts of the
108	108	college, gifts, grants, and donations to the college, and student
109	109	fees; and
110	110	[(F) the requirement of approval by the board
111	111	does not apply to construction, repair, or rehabilitation of
112	112	privately owned buildings and facilities located on land leased
113	113	from an institution of higher education if the construction,
114	114	repair, or rehabilitation is financed entirely from funds not under
115	115	the control of the institution, and provided further that:
116	116	[(i) the] buildings and facilities that are
117	117	to be used exclusively for auxiliary enterprises[;] and
118	118	[(ii) the buildings and facilities] will
119	119	not require appropriations from the legislature for operation,
120	120	maintenance, or repair [unless approval by the board has been
121	121	obtained].
122	122	(b) The [This section does not apply to construction,
123	123	repair, or rehabilitation financed by bonds issued under Section
124	124	55.17(e)(3) or (4), 55.1713-55.1718, 55.1721-55.1728, 55.174,
125	125	55.1742, 55.1743, 55.1744, 55.1751-55.17592, 55.1768, 55.1771, or
126	126	55.17721, except that the] board may [shall] review all
127	127	construction, repair, or rehabilitation of buildings and
128	128	facilities at institutions of higher education [to be financed by
129	129	bonds issued under those sections] to determine whether the
130	130	construction, rehabilitation, or repair meets the standards
131	131	adopted by board rule for cost, efficiency, and space use, but the
132	132	construction, rehabilitation, or repair is not contingent on board
133	133	review. If the construction, rehabilitation, or repair does not
134	134	meet those standards, the board shall notify the governor, the
135	135	lieutenant governor, the speaker of the house of representatives,
136	136	and the Legislative Budget Board. This subsection does not impair
137	137	the board's authority to collect data relating to the construction,
138	138	repair, or rehabilitation of buildings and facilities occurring
139	139	each year at institutions of higher education.
140	140	SECTION 3. The following provisions of the Education Code
141	141	are repealed:
142	142	(1) Section 61.0573; and
143	143	(2) Subsection (c), Section 61.058.
144	144	SECTION 4. This Act takes effect immediately if it receives
145	145	a vote of two-thirds of all the members elected to each house, as
146	146	provided by Section 39, Article III, Texas Constitution. If this
147	147	Act does not receive the vote necessary for immediate effect, this
148	148	Act takes effect September 1, 2013.
149	149	* * * * *