Texas 2015 - 84th Regular

Texas Senate Bill SB907 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R30257 KSD-D
2		-	By: Perry S.B. No. 907
3		-	(Frullo)
4		-	Substitute the following for S.B. No. 907: No.
	1	+	S.B. No. 907
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to the powers and duties of the board of regents of the
10	6		Texas Tech University System and to workers' compensation coverage
11	7		for employees of the system's components.
12	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	9		SECTION 1. The heading to Subchapter A, Chapter 109,
14	10		Education Code, is amended to read as follows:
15	11		SUBCHAPTER A. GENERAL AND ADMINISTRATIVE PROVISIONS
16	12		SECTION 2. Section 109.001, Education Code, is amended by
17	13		adding Subsection (d) to read as follows:
18	14		(d) The board of regents of the Texas Tech University System
19	15		may accept, retain in depositories of its choosing, and administer,
20	16		on terms and conditions acceptable to the board, gifts, grants, or
21	17		donations of any kind, from any source to the extent not prohibited
22	18		by state or federal law, for use by the system or any of the
23	19		component institutions of the system.
24	20		SECTION 3. Sections 109.21, 109.22, and 109.23, Education
25	21		Code, are transferred to Subchapter A, Chapter 109, Education Code,
26	22		redesignated as Sections 109.002, 109.003, and 109.004, Education
27	23		Code, and amended to read as follows:
28	24		Sec. 109.002 [109.21]. BOARD OF REGENTS. The government,
29	25		control, and direction of the policies of the university system and
30	26		the component institutions are vested in a board of nine regents,
31	27		who shall be appointed by the governor with the advice and consent
32	28		of the senate.
33	29		Sec. 109.003 [109.22]. BOARD MEMBERS: TERMS, VACANCIES.
34	30		Members of the board will [Except for the initial appointees,
35	31		members] hold office for staggered [of] terms of six years, with the
36	32		terms of three members expiring on January 31 of odd-numbered
37	33		years. [In making the initial appointments, the governor shall
38	34		designate three for terms expiring in 1971, three for terms
39	35		expiring in 1973, and three for terms expiring in 1975.] Any
40	36		vacancy shall be filled for the unexpired portion of the term by
41	37		appointment by the governor with the advice and consent of the
42	38		senate.
43	39		Sec. 109.004 [109.23]. CHIEF EXECUTIVE OFFICER:
44	40		SELECTION, DUTIES. The board shall appoint [provide] a chief
45	41		executive officer, who shall devote the officer's [his] attention
46	42		to the executive management of the university system and who shall
47	43		be directly accountable to the board for the conduct of the
48	44		university system. The board, when required by law to be the
49	45		governing body of any other state educational institution or
50	46		facility, shall also direct the chief executive officer to be
51	47		directly responsible for the executive management of that other
52	48		institution or facility.
53	49		SECTION 4. The heading to Subchapter B, Chapter 109,
54	50		Education Code, is amended to read as follows:
55	51		SUBCHAPTER B. POWERS AND DUTIES [ADMINISTRATIVE PROVISIONS]
56	52		SECTION 5. Sections 109.41, 109.42, 109.48, and 109.54,
57	53		Education Code, are transferred to Subchapter B, Chapter 109,
58	54		Education Code, redesignated as Sections 109.051, 109.052,
59	55		109.053, and 109.054, Education Code, and amended to read as
60	56		follows:
61	57		Sec. 109.051 [109.41]. EMINENT DOMAIN. The board of
62	58		regents has the power of eminent domain to acquire land needed to
63	59		carry out the purposes of the university system and the component
64	60		institutions.
65	61		Sec. 109.052 [109.42]. RESIDENCES FOR CHANCELLOR AND
66	62		PRESIDENTS [RESIDENCE FOR PRESIDENT]. The board may purchase a
67	63		house or may purchase land and construct a house suitable for the
68	64		residence of the chancellor of the university system or a president
69	65		of a component [the] university.
70	66		Sec. 109.053 [109.48]. UTILITIES EASEMENTS. On terms,
71	67		conditions, stipulations, and compensation as determined by the
72	68		board, the board may convey, dedicate, or use any other appropriate
73	69		method of conveyance to grant, convey, or dedicate rights, title,
74	70		rights-of-way, or easements involving or in connection with the
75	71		furnishing or providing of electricity, water, sewage disposal,
76	72		natural gas, telephone, telegraph, or other utility service on,
77	73		over, or through the campuses [campus] of the Texas Tech University
78	74		System and the component institutions [in Lubbock County]. The
79	75		chairman of the board may execute and deliver conveyances or
80	76		dedications on behalf of the university system and the component
81	77		institutions [Texas Tech University].
82	78		Sec. 109.054 [109.54]. MANAGEMENT OF LANDS. The board has
83	79		the sole and exclusive management and control of lands set aside and
84	80		appropriated to or acquired by the institutions under its
85	81		governance. The board may lease, sell, exchange, acquire, dispose
86	82		of, and otherwise manage, control, and use the lands in any manner
87	83		and at prices and under terms and conditions the board deems best
88	84		for the interest of the institutions. However, the board may not
89	85		sell any of the original main campus of Texas Tech University
90	86		located in Lubbock, Lubbock County, unless the sale is approved by
91	87		act of the legislature. No grazing lease shall be made for a period
92	88		of more than five years.
93	89		SECTION 6. The heading to Subchapter C, Chapter 109,
94	90		Education Code, is amended to read as follows:
95	91		SUBCHAPTER C. TEXAS TECH UNIVERSITY [POWERS AND DUTIES]
96	92		SECTION 7. Section 109.01, Education Code, is transferred
97	93		to Subchapter C, Chapter 109, Education Code, and redesignated as
98	94		Section 109.101, Education Code, to read as follows:
99	95		Sec. 109.101 [109.01]. TEXAS TECH UNIVERSITY. Texas Tech
100	96		University is a coeducational institution of higher education
101	97		located in the city of Lubbock.
102	98		SECTION 8. Sections 109.43, 109.45, and 109.52, Education
103	99		Code, are redesignated as Sections 109.102, 109.103, and 109.104,
104	100		Education Code, and amended to read as follows:
105	101		Sec. 109.102 [109.43]. DORMITORIES: RULES AND
106	102		REGULATIONS. The board may adopt rules and regulations it deems
107	103		advisable requiring any class or classes of students to reside in
108	104		university dormitories or other buildings.
109	105		Sec. 109.103 [109.45]. [CITY] MUSEUM. (a) The board may
110	106		establish [rent, lease, or convey, for a sum of money to be
111	107		determined by the board, a part of the campus, not to exceed four
112	108		acres, to the city of Lubbock for the sole purpose of building, with
113	109		bonds or current city taxes, and maintaining with city tax money,] a
114	110		history, science, and art museum.
115	111		(b) The board may provide [rent or lease] a building or any
116	112		part of a building [on the parcel of land to the city of Lubbock] for
117	113		the sole purpose of maintaining a history, science, and art museum
118	114		[for a sum of money to be determined by the board].
119	115		[(c) The board may dedicate for public use a street or
120	116		streets leading to and connecting the parcel of land and building
121	117		and to provide ingress and egress to and from a public highway and
122	118		to and from adjacent parking lots.
123	119		[(d) The board, at its discretion, may contract with the
124	120		city of Lubbock for the staffing, operation, and maintenance of a
125	121		history and art museum with funds provided by the city of Lubbock.
126	122		[(e) The board may enter into contracts and agreements which
127	123		are necessary and proper for carrying out the provisions of this
128	124		section, provided that no expenditure of money by the board shall be
129	125		made except as may be appropriated by the legislature.]
130	126		Sec. 109.104 [109.52]. DONATIONS, GIFTS, GRANTS, AND
131	127		ENDOWMENTS. The board may accept donations, gifts, grants, and
132	128		endowments for Texas Tech University to be held for the benefit of
133	129		the institution [in trust] and administered by the board.
134	130		SECTION 9. Subchapter D, Chapter 109, Education Code, is
135	131		amended to read as follows:
136	132		SUBCHAPTER D. MINERAL DEVELOPMENT IN UNIVERSITY LAND
137	133		Sec. 109.151 [109.61]. MINERAL LEASES; DISPOSITION OF
138	134		PROCEEDS. (a) The board may lease for oil, gas, sulphur, or other
139	135		mineral development to the highest bidder at public auction all or
140	136		part of the lands under the exclusive control of the board owned by
141	137		the State of Texas and acquired for the use of Texas Tech University
142	138		and its divisions.
143	139		(b) Any money received by virtue of this section shall be
144	140		deposited in a special fund managed by the board to be known as the
145	141		Texas Tech University special mineral fund. Money in the fund is
146	142		considered to be institutional funds, as defined by Section 51.009,
147	143		of the university and is to be used exclusively for the university
148	144		[and its branches and divisions]. All deposits in and investments
149	145		of the fund shall be made in accordance with Section 51.0031.
150	146		Section 34.017, Natural Resources Code, does not apply to the fund.
151	147		Sec. 109.152 [109.62]. MAJORITY OF BOARD TO ACT. A
152	148		majority of the board has power to act in all cases under this
153	149		subchapter except as otherwise provided in this subchapter.
154	150		Sec. 109.153 [109.63]. SUBDIVISION OF LAND; TITLES.
155	151		(a) The board may have the lands surveyed or subdivided into
156	152		tracts, lots, or blocks which, in its [their] judgment, will be most
157	153		conducive and convenient to an advantageous sale or lease of oil,
158	154		gas, sulphur, or other minerals in and under and that may be
159	155		produced from the lands; and the board may make maps and plats which
160	156		it deems necessary to carry out the purposes of this subchapter.
161	157		(b) The board may obtain authentic abstracts of title to the
162	158		lands from time to time as it deems necessary and may take necessary
163	159		steps to perfect a merchantable title to the lands.
164	160		Sec. 109.154 [109.64]. SALE OF LEASES; ADVERTISEMENTS;
165	161		PAYMENTS. (a) Whenever in the opinion of the board there is a
166	162		demand for the purchase of oil, gas, sulphur, or other mineral
167	163		leases on any tract or part of any tract of land which can be [will]
168	164		reasonably expected to result in [insure] an advantageous sale, the
169	165		board shall place the oil, gas, sulphur, or other mineral leases on
170	166		the land on the market in a tract or tracts, or any part of a tract,
171	167		which the board may designate.
172	168		(b) The board shall have advertised a brief description of
173	169		the land from which the oil, gas, sulphur, or other minerals is
174	170		proposed to be leased. The advertisement shall be made by
175	171		publishing [inserting] in two or more papers of general circulation
176	172		in this state, and in addition, the board may, in its discretion,
177	173		cause the advertisement to be placed in an oil and gas journal
178	174		published in and out of the state. The board may also mail copies of
179	175		the proposals to the county judge of the county where the lands are
180	176		located and to other persons the board believes would be
181	177		interested.
182	178		(c) The board may sell the lease or leases to the highest
183	179		bidder at public auction [at the university in Lubbock at any hour
184	180		between 10 a. m. and 5 p. m].
185	181		(d) The highest bidder shall pay to the board on the day of
186	182		the sale 25 percent of the bonus bid, and the balance of the bid
187	183		shall be paid within 24 hours after the bidder is notified that the
188	184		bid has been accepted. Payments shall be made in cash, certified
189	185		check, [or] cashier's check, or electronic payment, as the board
190	186		directs. The failure of the bidder to pay the balance of the amount
191	187		bid will forfeit to the board the 25 percent of the bonus bid paid.
192	188		Sec. 109.155 [109.65]. SEPARATE BIDS; MINIMUM ROYALTY;
193	189		DELAY RENTAL. (a) A separate bid shall be made for each tract or
194	190		subdivision of a tract.
195	191		(b) No bid shall be accepted which offers a royalty of less
196	192		than one-eighth of the gross production of oil, gas, sulphur, and
197	193		other minerals in the land bid upon. The board may increase[, and]
198	194		this minimum royalty [may be increased] at the discretion of the
199	195		board.
200	196		(c) Every bid shall carry the obligation to pay an amount
201	197		not less than $5 [$1] per acre for delay in drilling or development.
202	198		The amount shall be fixed by the board in advance of the
203	199		advertisement. The delay rental [amount fixed] shall be paid every
204	200		year for five years unless in the meantime production in paying
205	201		quantities is had upon the land or the land is released by the
206	202		lessee.
207	203		Sec. 109.156 [109.66]. REJECTION OF BIDS; WITHDRAWAL OF
208	204		LAND. The board may reject any and all bids and may withdraw any
209	205		land advertised for lease.
210	206		Sec. 109.157 [109.67]. ACCEPTANCE; CONDITIONS AND
211	207		PROVISIONS OF LEASE. (a) If, in the opinion of the board, [any one
212	208		of] the highest bidder [bidders] has offered a reasonable and
213	209		proper price for any tract, which is not less than the price set by
214	210		the board, the lands advertised may be leased for oil, gas, sulphur,
215	211		and other mineral purposes under the terms of this section and
216	212		subject to regulations prescribed by the board which are not
217	213		inconsistent with the provisions of this section. In the event no
218	214		bid is accepted by the board at public auction, any subsequent
219	215		procedure for the sale of the leases shall be in the manner
220	216		prescribed in the preceding sections.
221	217		(b) No lease shall be made by the board which will permit the
222	218		drilling or mining for oil, gas, sulphur, or other minerals within
223	219		500 [300] feet of any building or structure on the land without the
224	220		consent of the board. In making any lease on any experimental
225	221		station or farm, the lease shall provide that the operations for
226	222		oil, gas, and other minerals shall not in any way interfere with use
227	223		of the land for university purposes and shall not cause the
228	224		abandonment of the property or its use for experimental farm
229	225		purposes. The lease shall also provide that the lessee operating
230	226		the property shall drill and carry on the lessee's [his] operations
231	227		in such a way as not to interfere with uses [cause the abandonment]
232	228		of the property for university purposes, and the leased property
233	229		shall be subject to the use by the state for all university
234	230		purposes[, and the board shall continue to operate the university].
235	231		Sec. 109.158 [109.68]. ACCEPTANCE AND FILING OF BIDS;
236	232		[YEARLY PAYMENTS;] TERMINATION OF LEASE. (a) If the board
237	233		determines that a satisfactory bid has been received for the oil,
238	234		gas, sulphur, or other mineral lands, it shall accept the bid and
239	235		reject all others and shall file the accepted bid in the general
240	236		land office.
241	237		(b) [Whenever the royalties shall amount to as much as the
242	238		yearly payments fixed by the board, the yearly payments may be
243	239		discontinued.
244	240		[(c)] If before the expiration of five years oil, gas,
245	241		sulphur, or other minerals have not been produced in paying
246	242		quantities, the lease shall terminate unless extended as provided
247	243		in Sections 109.160 [109.70] and 109.161 [109.71 of this code].
248	244		Sec. 109.159 [109.69]. AWARD AND FILING OF LEASE. If the
249	245		board determines that a satisfactory bid has been received for the
250	246		oil, gas, sulphur, or other minerals, it shall make an award to the
251	247		bidder offering the highest price, and a lease shall be filed in the
252	248		general land office.
253	249		Sec. 109.160 [109.70]. EXPLORATORY TERM OF LEASE;
254	250		EXTENSION; OTHER PROVISIONS. (a) The exploratory term of a lease
255	251		as determined by the board prior to the promulgation of the
256	252		advertisement shall not exceed five years, and each lease shall
257	253		provide that the lease will terminate at the expiration of its
258	254		exploratory term unless by unanimous vote of the board the lease is
259	255		extended for a period not to exceed [of] three years.
260	256		(b) [The lease may be extended if the board finds that there
261	257		is a likelihood of oil, gas, sulphur, or other minerals being
262	258		discovered by the lessees, and that the lessees have proceeded with
263	259		diligence to protect the interest of the state.] If oil, gas,
264	260		sulphur, or other minerals are being produced in paying quantities
265	261		from the premises, the lease shall continue in force and effect as
266	262		long as the oil, gas, sulphur, or other minerals are being so
267	263		produced. No extension may be made by the board until the last 30
268	264		days of the original term of the lease.
269	265		(c) The lease shall include additional provisions and
270	266		regulations prescribed by the board to preserve the interest of the
271	267		state, not inconsistent with the provisions of this subchapter.
272	268		Sec. 109.161 [109.71]. EXTENSION OF LEASES. When in the
273	269		discretion of the board it is deemed for the best interest of the
274	270		state to extend a lease issued by the board, the board may by
275	271		unanimous vote extend the lease for a period not to exceed three
276	272		years, on the condition that the lessee shall continue to pay yearly
277	273		rental as provided in the lease and shall comply with any additional
278	274		terms [which] the board requires [may see fit and proper to demand].
279	275		The board may extend the lease and execute an extension agreement.
280	276		Sec. 109.162 [109.72]. CONTROL OF DRILLING AND PRODUCTION.
281	277		The drilling for and the production of oil, gas, and other minerals
282	278		from the lands shall be governed and controlled by the Railroad
283	279		Commission of Texas and other applicable regulatory bodies which
284	280		govern and control other fields in this state.
285	281		Sec. 109.163 [109.73]. DRILLING OPERATIONS: SUSPENSION OF
286	282		RENT; CONTINUANCE OF LEASE; DUTY TO PREVENT DRAINAGE. (a) If
287	283		during the term of a lease issued under the provisions of this
288	284		subchapter the lessee is engaged in actual drilling operations for
289	285		the discovery of oil, gas, sulphur, or other minerals, no rentals
290	286		shall be payable as to the tract on which the operations are being
291	287		conducted as long as the operations are proceeding in a good and
292	288		workmanlike manner in a good faith attempt to produce oil, gas,
293	289		sulphur, or other minerals from the well [faith].
294	290		(b) In the event oil, gas, sulphur, or other minerals are
295	291		discovered in paying quantities on any tract of land covered by a
296	292		lease, then the lease as to that tract shall remain in force as long
297	293		as oil, gas, sulphur, or other minerals are produced in paying
298	294		quantities from the tract.
299	295		(c) In the event of the discovery of oil, gas, sulphur, or
300	296		other minerals on any tract covered by a lease or on any land
301	297		adjoining the tract, the lessee shall conduct such operations as
302	298		may be necessary to prevent drainage from the tract covered by the
303	299		lease to properly develop the same to the extent that a reasonably
304	300		prudent individual [man] would do under the same and similar
305	301		circumstances.
306	302		Sec. 109.164 [109.74]. TITLE TO RIGHTS PURCHASED;
307	303		ASSIGNMENT; RELINQUISHMENT. (a) Title to all rights purchased may
308	304		be held by the lessee [owners] as long as the area produces oil,
309	305		gas, sulphur, or other minerals in paying quantities.
310	306		(b) All rights purchased may be assigned. All assignments
311	307		shall be filed in the general land office as prescribed by rule,
312	308		accompanied by 10 cents per acre for each acre assigned and the
313	309		filing fee as prescribed by rule. An assignment shall not be
314	310		effective unless filed as required by rule.
315	311		(c) All rights to all or any part of a leased tract may be
316	312		released to the state at any time by recording a release instrument
317	313		in the county or counties in which the tract is located. Releases
318	314		shall also be filed with the chairman of the board and the general
319	315		land office, accompanied by the filing fee prescribed by rule. A
320	316		release shall not relieve the lessee [owner] of any obligations or
321	317		liabilities incurred prior to the release.
322	318		(d) The board shall authorize any required infrastructure,
323	319		including [the laying of pipeline and telephone line and] the
324	320		opening of roads deemed reasonably necessary in carrying out the
325	321		purposes of this subchapter.
326	322		Sec. 109.165 [109.75]. PAYMENT OF ROYALTIES; RECORDS;
327	323		REPORT OF RECEIPTS. (a) If oil, gas, or other minerals are
328	324		developed on any of the lands leased by the board, the royalty as
329	325		stipulated in the sale shall be paid to the general land office in
330	326		Austin on or before the last day of each month for the preceding
331	327		month during the life of the rights purchased. The royalty payments
332	328		shall be set aside as specified in Section 109.151 [109.61] and used
333	329		as provided in that section.
334	330		(b) The royalty paid to the general land office shall be
335	331		accompanied by the sworn statement of the lessee [owner], manager,
336	332		or other authorized agent showing the gross amount of oil, gas,
337	333		sulphur, or other minerals produced and sold off the premises and
338	334		the market value of the minerals, together with a copy of all daily
339	335		gauges, or vats, tanks, gas meter readings, pipeline receipts, gas
340	336		line receipts, and other checks and memoranda of the amounts
341	337		produced and put into pipelines, vats, tanks, or pool and gas lines
342	338		or gas storage. The books and accounts, receipts and discharges of
343	339		all wells, tanks, vats, pools, meters, and pipelines, and all
344	340		contracts and other records pertaining to the production,
345	341		transportation, sale, and marketing of the oil, gas, sulphur, or
346	342		other minerals shall at all times be subject to inspection and
347	343		examination by any member of the board or any duly authorized
348	344		representative of the board.
349	345		(c) The commissioner of the general land office shall tender
350	346		to the board on or before the 10th day of each month a report of all
351	347		receipts that are collected from the lease or sale of oil, gas,
352	348		sulphur, or other minerals and that are deposited in the special
353	349		fund as provided by Section 109.151 [109.61] during the preceding
354	350		month.
355	351		Sec. 109.166 [109.76]. PROTECTION FROM DRAINAGE;
356	352		FORFEITURE OF RIGHTS. (a) In every case where the area in which
357	353		oil, gas, sulphur, or other minerals sold is contiguous or adjacent
358	354		to lands which are not lands belonging to and held by the
359	355		university, the acceptance of the bid and the sale made thereby
360	356		shall constitute an obligation of the lessee [owner] to adequately
361	357		protect the land leased from drainage from the adjacent lands to the
362	358		extent that a reasonably prudent operator would do under the same
363	359		and similar circumstances.
364	360		(b) In cases where the area in which the oil, gas, sulphur,
365	361		or other minerals sold is contiguous to other lands belonging to and
366	362		held by the university which have been leased or sold at a lesser
367	363		royalty, the lessee [owner] shall protect the land from drainage
368	364		from the lands leased or sold for a lesser royalty.
369	365		(c) On failure to protect the land from drainage as provided
370	366		in this section, the sale and all rights acquired may be forfeited
371	367		by the board in the manner provided in Section 109.167 [109.77 of
372	368		this code] for forfeitures.
373	369		Sec. 109.167 [109.77]. FORFEITURE AND OTHER REMEDIES;
374	370		LIENS. (a) Leases granted under the provisions of this chapter
375	371		are subject to forfeiture by the board by an order entered in the
376	372		minutes of the board reciting the acts or omissions constituting a
377	373		default and declaring a forfeiture.
378	374		(b) Any of the following acts or omissions constitutes a
379	375		default:
380	376		(1) the failure or refusal by the lessee [owner] of the
381	377		rights acquired under this chapter to make a payment of a sum due,
382	378		either as rental or royalty on production, within 30 days after the
383	379		payment becomes due;
384	380		(2) the making of a false return or false report
385	381		concerning production, royalty, drilling, or mining by the lessee
386	382		[owner] or the lessee's [his] authorized agent;
387	383		(3) the failure or refusal of the lessee [owner] or the
388	384		lessee's [his] agent to drill an offset well or wells in good faith,
389	385		as required by the lease;
390	386		(4) the refusal of the lessee [owner] or the lessee's
391	387		[his] agent to allow the proper authorities access to the records
392	388		and other data pertaining to the operations authorized in this
393	389		subchapter;
394	390		(5) the failure or refusal of the lessee [owner] or the
395	391		lessee's [his] authorized agent to give correct information to the
396	392		proper authorities, or to furnish the log of any well within 30 days
397	393		after production is found in paying quantities; or
398	394		(6) the violation by the lessee [owner] of any
399	395		material term of the lease.
400	396		(c) The board may, if it so desires, have suit for
401	397		forfeiture instituted through the attorney general.
402	398		(d) On proper showing by the forfeiting lessee [owner]
403	399		within 30 days after the declaration of forfeiture, the lease may be
404	400		reinstated at the discretion of the board and upon terms prescribed
405	401		by the board.
406	402		(e) In case of violation by the lessee [owner] of the lease
407	403		contract, the remedy of forfeiture shall not be the exclusive
408	404		remedy, and the state may institute suit for damages or specific
409	405		performance or both.
410	406		(f) The state shall have a first lien on oil, gas, sulphur,
411	407		or other minerals produced or that may be produced in the leased
412	408		area, and on all rigs, tanks, vats, pipelines, telephone lines, and
413	409		machinery and appliances used in the production and handling of
414	410		oil, gas, sulphur, or other minerals produced, to secure the amount
415	411		due from the lessee [owner of the lease].
416	412		Sec. 109.168 [109.78]. FILING OF DOCUMENTS AND PAYMENT OF
417	413		ROYALTIES, FEES, AND RENTALS. (a) All surveys, files, copies of
418	414		sale and lease contracts, and other records pertaining to the sales
419	415		and leases authorized in this subchapter shall be filed in the
420	416		general land office and shall constitute archives.
421	417		(b) Payment of all royalties, lease fees, rentals for delay
422	418		in drilling or mining, filing fees for assignments and
423	419		relinquishments, and all other payments shall be made to the
424	420		commissioner of the general land office at Austin. The
425	421		commissioner shall transmit all payments received to the board for
426	422		deposit to the credit of the Texas Tech University special mineral
427	423		fund as provided by Section 109.151 [109.61].
428	424		Sec. 109.169 [109.79]. FORMS, REGULATIONS, RULES, AND
429	425		CONTRACTS. The board shall adopt proper forms, regulations, rules,
430	426		and contracts which, in its judgment, will protect the income from
431	427		lands leased pursuant to this subchapter.
432	428		Sec. 109.170 [109.80]. MANAGEMENT OF SURFACE AND MINERAL
433	429		ESTATES. (a) The board may lease for oil, gas, sulphur, ore,
434	430		water, and other mineral development all land under its exclusive
435	431		control for the use of the university. The board may make and enter
436	432		into pooling agreements, division orders, or other contracts
437	433		necessary in the management and development of its land.
438	434		(b) All leases, pooling agreements, division orders, or
439	435		other contracts entered into by the board shall be on terms that the
440	436		board considers in the best interest of the university. The board
441	437		may not sell a lease for less than the royalty and rental terms
442	438		demanded at that time by the General Land Office in connection with
443	439		the sale of oil, gas, and other mineral leases of the public lands
444	440		of this state.
445	441		(c) All money received under the leases and contracts
446	442		executed for the management and development of the land, except
447	443		revenue pledged to the payment of revenue bonds or notes, shall be
448	444		deposited to the credit of a special fund created by the board. The
449	445		board shall designate a depository for the special fund and protect
450	446		the money deposited in it by the pledging of assets of the
451	447		depository in the same manner as is required for the protection of
452	448		public funds. Money deposited in the special fund may be used by
453	449		the board for the administration of the university, for payment of
454	450		principal of and interest on revenue bonds or notes issued by the
455	451		board, and for any other purpose that in the judgment of the board
456	452		may be for the good of the university.
457	453		SECTION 10. Sections 110.01, 110.02, 110.11, and 110.32,
458	454		Education Code, are amended to read as follows:
459	455		Sec. 110.01. TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER;
460	456		SEPARATE INSTITUTION. Texas Tech University Health Sciences Center
461	457		is a separate institution and not a department, school, or branch of
462	458		Texas Tech University but is under the direction, management, and
463	459		control of the Texas Tech University System Board of Regents. The
464	460		center is composed of a medical school and other components
465	461		assigned by law or by the coordinating board.
466	462		Sec. 110.02. CONCURRENT [AND SEPARATE] POWERS. The board
467	463		of regents has the same powers of governance, control,
468	464		jurisdiction, and management [direction, management, and control]
469	465		over the Health Sciences Center as it exercises [they exercise]
470	466		over the Texas Tech University System and its components.
471	467		[However, the board shall act separately and independently on all
472	468		matters affecting the Health Sciences Center as a separate
473	469		institution.]
474	470		Sec. 110.11. MEDICAL SCHOOL ADMISSION POLICIES. The board
475	471		of regents [Board of Regents] shall promulgate appropriate rules
476	472		and regulations pertaining to the admission of students to the
477	473		medical school [which will provide for admission of those students
478	474		to its entering class each year who are equally or as well qualified
479	475		as all other students and who have entered a contract with or
480	476		received a commitment for a stipend, grant, loan or scholarship
481	477		from the State Rural Medical Education Board. The State Rural
482	478		Medical Education Board may contract with medical students
483	479		providing for such students to engage in a general or family
484	480		practice of medicine for not less than four years after licensing
485	481		and a period of medical residency, as determined by the rules and
486	482		regulations established by the State Rural Medical Education Board,
487	483		in cities of Texas which have a population of less than 5,000 or in
488	484		rural areas, as that term may be defined by the State Rural Medical
489	485		Education Board, and said Board is hereby given the authority to
490	486		define and from time to time redefine the term rural area, at the
491	487		time the medical practice is commenced. This contract shall
492	488		provide for a monthly stipend of at least $100 to be granted by the
493	489		State Rural Medical Education Board to each person under contract
494	490		with the State while enrolled as a medical school student].
495	491		Sec. 110.32. CONCURRENT POWERS. The board of regents has
496	492		the same powers of governance, control, jurisdiction, and
497	493		management [direction, management, and control] over the Texas Tech
498	494		University Health Sciences Center at El Paso as the board of regents
499	495		exercises over the other component institutions of the Texas Tech
500	496		University System.
501	497		SECTION 11. The heading to Section 501.022, Labor Code, is
502	498		amended to read as follows:
503	499		Sec. 501.022. EMPLOYEES OF COMPONENT INSTITUTIONS OR SYSTEM
504	500		ADMINISTRATION OF TEXAS TECH UNIVERSITY SYSTEM.
505	501		SECTION 12. Section 501.022, Labor Code, is amended by
506	502		amending Subsection (a) and adding Subsections (e) and (f) to read
507	503		as follows:
508	504		(a) An eligible employee of Texas Tech University, Texas
509	505		Tech University Health Sciences Center, Angelo State University,
510	506		Texas Tech University System Administration, Texas Tech University
511	507		Health Sciences Center at El Paso, or another agency under the
512	508		direction and control of the board of regents of the Texas Tech
513	509		University System is entitled to participate in the workers'
514	510		compensation program for state employees provided under this
515	511		chapter.
516	512		(e) For purposes of this chapter, Texas Tech University
517	513		System Administration is a state agency and shall act in the
518	514		capacity of employer.
519	515		(f) For purposes of this chapter, Texas Tech University
520	516		Health Sciences Center at El Paso is a state agency and shall act in
521	517		the capacity of employer.
522	518		SECTION 13. The following provisions of the Education Code
523	519		are repealed:
524	520		(1) Section 109.44;
525	521		(2) Section 109.46;
526	522		(3) Section 109.47;
527	523		(4) Section 109.49;
528	524		(5) Section 110.04; and
529	525		(6) Section 110.14.
530	526		SECTION 14. This Act takes effect immediately if it
531	527		receives a vote of two-thirds of all the members elected to each
532	528		house, as provided by Section 39, Article III, Texas Constitution.
533	529		If this Act does not receive the vote necessary for immediate
534	530		effect, this Act takes effect September 1, 2015.
	531	+	______________________________ ______________________________
	532	+	President of the Senate Speaker of the House
	533	+	I hereby certify that S.B. No. 907 passed the Senate on
	534	+	March 30, 2015, by the following vote: Yeas 30, Nays 0; and that
	535	+	the Senate concurred in House amendment on May 30, 2015, by the
	536	+	following vote: Yeas 31, Nays 0.
	537	+	______________________________
	538	+	Secretary of the Senate
	539	+	I hereby certify that S.B. No. 907 passed the House, with
	540	+	amendment, on May 27, 2015, by the following vote: Yeas 140,
	541	+	Nays 4, two present not voting.
	542	+	______________________________
	543	+	Chief Clerk of the House
	544	+	Approved:
	545	+	______________________________
	546	+	Date
	547	+	______________________________
	548	+	Governor