Texas 2017 - 85th Regular

Texas House Bill HB841 Compare Versions

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11 By: Ortega H.B. No. 841
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44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to the establishment of a public law school in El Paso
77 County.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Subchapter C, Chapter 61, Education Code, is
1010 amended by adding Section 61.0907 to read as follows:
1111 Sec. 61.0907. EL PASO SCHOOL OF LAW. (a) The governing
1212 board of a university system may establish and operate, as a
1313 professional school of the system, a school of law in El Paso County
1414 as the governing board considers appropriate.
1515 (b) In administering the law school, the governing board may
1616 prescribe courses leading to customary degrees offered at other
1717 leading American schools of law and may award those degrees.
1818 (c) The governing board may assign responsibility for the
1919 management of the law school to a general academic teaching
2020 institution in the university system.
2121 (d) The governing board may accept and administer gifts and
2222 grants from any public or private person or entity for the use and
2323 benefit of the law school. Notwithstanding any other provision of
2424 this section, establishment of a law school is subject to the
2525 availability of funding, either through appropriation or from
2626 another source.
2727 (e) The governing board of a university system that intends
2828 to establish a law school under this section shall notify the Texas
2929 Higher Education Coordinating Board. If the coordinating board
3030 receives notice from a governing board under this subsection, the
3131 coordinating board shall provide a statement regarding that
3232 intention on its Internet website and provide the other governing
3333 boards with a reasonable opportunity to notify the coordinating
3434 board of an intent to establish a law school under this section. If
3535 the coordinating board receives notice from more than one governing
3636 board under this subsection, the coordinating board, based on
3737 community and student input, available system resources, the
3838 feasibility of the specific proposal of each system, and other
3939 appropriate criteria, shall determine which of those governing
4040 boards may establish a law school under this section.
4141 (f) Before a governing board establishes a law school under
4242 this section, the governing board shall request the coordinating
4343 board to prepare a feasibility study to determine the actions the
4444 system must take to obtain accreditation of the law school. The
4545 coordinating board shall deliver a copy of the study to the
4646 governing board and to the chair of each legislative standing
4747 committee with jurisdiction over higher education.
4848 (g) Not more than one law school may be established under
4949 this section.
5050 SECTION 2. Subchapter B, Chapter 55, Education Code, is
5151 amended by adding Section 55.178 to read as follows:
5252 Sec. 55.178. UNIVERSITY SYSTEM ESTABLISHING EL PASO SCHOOL
5353 OF LAW; ADDITIONAL BONDS. (a) In addition to the other authority
5454 granted by this subchapter, the governing board of the university
5555 system that establishes an El Paso school of law under Section
5656 61.0907 may acquire, purchase, construct, improve, renovate,
5757 enlarge, or equip property, buildings, structures, or other
5858 facilities, including roads and related infrastructure, for the law
5959 school, to be financed by the issuance of bonds in accordance with
6060 this subchapter, including bonds issued in accordance with a
6161 systemwide revenue financing program and secured as provided by
6262 that program, in an aggregate principal amount not to exceed $40
6363 million.
6464 (b) The governing board may pledge irrevocably to the
6565 payment of the bonds authorized by this section all or any part of
6666 the revenue funds of an institution, branch, or entity of the
6767 university system described by Subsection (a), including student
6868 tuition charges.
6969 The amount of a pledge made under this subsection
7070 may not be reduced or abrogated while the bonds for which the pledge
7171 is made, or bonds issued to refund those bonds, are outstanding.
7272 (c) If sufficient funds are not available to the governing
7373 board to meet its obligations under this section, the board may
7474 transfer funds among institutions, branches, and entities of the
7575 university system described by Subsection (a) to ensure the most
7676 equitable and efficient allocation of available resources for each
7777 institution, branch, or entity to carry out its duties and
7878 purposes.
7979 SECTION 3. (a) If this Act receives a vote of at least
8080 two-thirds of the membership of each house of the legislature, and
8181 if an El Paso school of law is created by The University of Texas
8282 System or The Texas A&M University System under Section 61.0907,
8383 Education Code, as added by this Act, the El Paso school of law is
8484 entitled to participate in the funding provided by Section 18,
8585 Article VII, Texas Constitution, for the appropriate university
8686 system.
8787 (b) If this Act receives a vote of at least two-thirds of the
8888 membership of each house of the legislature, and if an El Paso
8989 school of law is created under Section 61.0907, Education Code, as
9090 added by this Act, by a university system other than a system
9191 described by Subsection (a) of this section, the El Paso school of
9292 law is entitled to participate in the funding provided by Section
9393 17, Article VII, Texas Constitution. Before the first periodic
9494 allocation of funding under Section 17, Article VII, is made that
9595 includes the El Paso school of law, the legislature may reallocate
9696 the total amount allocated to institutions under that section to
9797 allow for the allocation to the law school.
9898 SECTION 4. This Act takes effect immediately if it receives
9999 a vote of two-thirds of all the members elected to each house, as
100100 provided by Section 39, Article III, Texas Constitution. If this
101101 Act does not receive the vote necessary for immediate effect, this
102102 Act takes effect September 1, 2017.