85R5707 KSD-D
By: Alvarado H.B. No. 1737
A BILL TO BE ENTITLED
AN ACT
relating to a requirement that the governing board of a public
institution of higher education obtain prior approval from the
Texas Higher Education Coordinating Board before making certain
land purchases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.05715 to read as follows:
Sec. 61.05715. BOARD APPROVAL REQUIRED FOR CERTAIN LAND
PURCHASES. (a) Notwithstanding any other provision of this chapter
or other law, the governing board of an institution of higher
education may purchase land for the use of the institution that is
outside of the service region of the institution only if the
governing board obtains prior approval for the purchase from the
board.
(b) The board by rule shall define the service region for
each institution of higher education for purposes of this section
so that all the geographic territory of this state is included in at
least one service region. In defining the service region for an
institution, the board shall include areas:
(1) that are in geographic proximity to the
institution;
(2) in which the institution's students predominantly
reside while attending the institution;
(3) in which the faculty and staff of the institution
primarily reside;
(4) in which the institution is a primary contributor
to serving local educational and workforce demand; and
(5) that otherwise directly benefit by virtue of
proximity to the institution.
(c) The board may approve a purchase by a governing board of
an institution of higher education of land for the use of the
institution that is outside of the service region of the
institution only if the board determines that:
(1) the intended use of the land is consistent with the
institution's mission and the goals of the state's master plan for
the delivery of higher education in this state and does not
unnecessarily duplicate other programs and resources; and
(2) the region in which the land is located is not
adequately served by other institutions of higher education with
respect to the intended use of the land.
(d) The board shall adopt rules for the administration of
this section, including rules prescribing the procedure by which
the governing board of an institution of higher education may seek
approval for a land purchase described by this section.
(e) This section does not apply to the purchase of permanent
university fund land assets.
SECTION 2. The Texas Higher Education Coordinating Board
shall adopt rules required by Section 61.05715, Education Code, as
added by this Act, as soon as practicable following the effective
date of this Act, but not later than December 1, 2017.
SECTION 3. The change in law made by this Act applies only
to a contract for the purchase of land entered into on or after
January 1, 2018. A contract for the purchase of land entered into
before that date is governed by the law in effect on the date the
contract is entered into, and the former law is continued in effect
for that purpose.
SECTION 4. 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, 2017.