Texas 2019 - 86th Regular

Texas House Bill HB2383 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R10796 KSD-D
2	2	By: Dutton H.B. No. 2383
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of the Thurgood Marshall School of
8	8	Law as an independent public institution of higher education;
9	9	granting a power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. AMENDMENT. Subtitle F, Title 3, Education Code,
12	12	is amended by adding Chapter 112 to read as follows:
13	13	CHAPTER 112. THURGOOD MARSHALL SCHOOL OF LAW
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 112.001. THURGOOD MARSHALL SCHOOL OF LAW. The
16	16	Thurgood Marshall School of Law is established in the city of
17	17	Houston.
18	18	SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
19	19	Sec. 112.051. BOARD OF REGENTS. The organization, control,
20	20	and management of the Thurgood Marshall School of Law is vested in a
21	21	board of nine regents appointed by the governor and confirmed by the
22	22	senate.
23	23	Sec. 112.052. TERM OF OFFICE; VACANCY. (a) Members of the
24	24	board of regents hold office for staggered terms of six years, with
25	25	the terms of three members expiring on February 1 of each
26	26	odd-numbered year.
27	27	(b) A vacancy on the board shall be filled by appointment
28	28	for the unexpired portion of the term.
29	29	Sec. 112.053. QUALIFICATIONS. Each member of the board of
30	30	regents must be a qualified voter of this state.
31	31	Sec. 112.054. OFFICERS; MEETINGS. The board of regents
32	32	shall elect a chair and any other officers the board considers
33	33	necessary. The chair may convene the board when the chair considers
34	34	it expedient to consider any business related to the school of law.
35	35	Sec. 112.055. EXPENSES. Members of the board of regents
36	36	serve without pay but shall be reimbursed for their actual expenses
37	37	incurred in attending the work of the board, subject to the approval
38	38	of the board's chair.
39	39	SUBCHAPTER C. POWERS AND DUTIES
40	40	Sec. 112.101. GENERAL POWERS AND DUTIES. (a) The board of
41	41	regents shall adopt bylaws, rules, and regulations the board
42	42	considers necessary and proper for the governance of the school of
43	43	law.
44	44	(b) The board may prescribe courses leading to customary
45	45	degrees offered by other leading American schools of law and may
46	46	award those degrees.
47	47	Sec. 112.102. GIFTS, GRANTS. The board of regents may
48	48	solicit and accept from public or private sources gifts and grants
49	49	of money or property for the benefit of the school of law.
50	50	Sec. 112.103. ACQUISITION AND DISPOSITION OF LAND. (a) The
51	51	board of regents on behalf of the school of law may acquire by
52	52	purchase, exchange, or otherwise any tract or parcel of land or
53	53	other real property necessary or convenient for carrying out the
54	54	purposes of a state-supported school of law, and may sell,
55	55	exchange, or lease any land owned by the school of law.
56	56	(b) The proceeds from any lease of land or other real
57	57	property shall be added to the general funds of the school of law.
58	58	The proceeds from any sale of land or other real property shall be
59	59	added to the capital funds of the school.
60	60	(c) The board has the power of eminent domain for land
61	61	acquisitions permitted by Subsection (a).
62	62	Sec. 112.104. SUITS. Venue for a suit against the school of
63	63	law is in Harris County or Travis County. Process may be served on
64	64	the school of law only by service of citation on the school of law's
65	65	chief executive officer.
66	66	Sec. 112.105. LEGISLATIVE INTENT. The authority granted
67	67	the board of regents under this subchapter is intended to be the
68	68	same as the authority granted to the governing boards of The
69	69	University of Texas System, The Texas A&M University System, and
70	70	similar institutions with regard to the control and use of local
71	71	funds.
72	72	SECTION 2. TRANSFER OF GOVERNANCE AND PROPERTY OF THURGOOD
73	73	MARSHALL SCHOOL OF LAW. (a) Effective June 1, 2020, the
74	74	governance, control, and management of the Thurgood Marshall School
75	75	of Law are transferred from the board of regents of Texas Southern
76	76	University to the board of regents of the Thurgood Marshall School
77	77	of Law. The transfer is governed by Sections 3 through 7 of this
78	78	Act.
79	79	(b) On the date of the transfer provided by Subsection (a)
80	80	of this section, all real and personal property of Texas Southern
81	81	University used primarily for the operation of the Thurgood
82	82	Marshall School of Law is transferred to the Thurgood Marshall
83	83	School of Law.
84	84	SECTION 3. POWERS AND DUTIES; RULES AND POLICIES. (a) When
85	85	the transfer takes effect, the board of regents of the Thurgood
86	86	Marshall School of Law shall govern, operate, manage, and control
87	87	the Thurgood Marshall School of Law and all real and personal
88	88	property belonging to and constituting the Thurgood Marshall School
89	89	of Law under the powers and duties conferred by law on the board of
90	90	regents.
91	91	(b) The Thurgood Marshall School of Law may continue to
92	92	award degrees in the same disciplines and of the same academic
93	93	standing after the transfer authorized by this Act as those in which
94	94	degrees were awarded by the Thurgood Marshall School of Law before
95	95	the transfer, subject to the authority of the Texas Higher
96	96	Education Coordinating Board regarding existing degree programs.
97	97	(c) Rules and policies adopted by the board of regents of
98	98	Texas Southern University to govern the Thurgood Marshall School of
99	99	Law that are in effect when the transfer takes effect are continued
100	100	in effect until adopted, repealed, or superseded by the board of
101	101	regents of the Thurgood Marshall School of Law. The board of
102	102	regents of the Thurgood Marshall School of Law may adopt rules and
103	103	policies applicable to the school of law in anticipation of the
104	104	transfer authorized by this Act.
105	105	SECTION 4. CONTRACTS AND WRITTEN OBLIGATIONS, INCLUDING
106	106	BONDS. Contracts and written obligations of every kind and
107	107	character entered into by the board of regents of Texas Southern
108	108	University for and on behalf of the Thurgood Marshall School of Law,
109	109	including bonds, are considered ratified, confirmed, and validated
110	110	by the board of regents of the Thurgood Marshall School of Law on
111	111	the effective date of the transfer. In those contracts and written
112	112	obligations, the board of regents of the Thurgood Marshall School
113	113	of Law is substituted for and stands and acts in the place of the
114	114	board of regents of Texas Southern University to the extent
115	115	permitted by law.
116	116	SECTION 5. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
117	117	(a) The transfer of the governance of the Thurgood Marshall School
118	118	of Law under this Act does not affect the status of any student of
119	119	the school of law enrolled at the school of law when the transfer
120	120	takes effect.
121	121	(b) The transfer of the governance of the Thurgood Marshall
122	122	School of Law under this Act does not affect the employment status
123	123	or accrued benefits of any person employed by the school of law when
124	124	the transfer takes effect.
125	125	SECTION 6. CURRENT FUNDING. All funds that, on the
126	126	effective date of the transfer, have been appropriated or dedicated
127	127	to or are held for the use and benefit of the Thurgood Marshall
128	128	School of Law under the governance of the board of regents of Texas
129	129	Southern University are transferred to the board of regents of the
130	130	Thurgood Marshall School of Law for the use and benefit of the
131	131	school of law.
132	132	SECTION 7. LEGISLATIVE INTENT; ROLE OF COORDINATING BOARD.
133	133	It is the intent of the legislature that the transfer of the
134	134	governance of the Thurgood Marshall School of Law from the board of
135	135	regents of Texas Southern University to the board of regents of the
136	136	Thurgood Marshall School of Law be made without disrupting the
137	137	students, faculty, staff, or programs of the school of law. If
138	138	those boards of regents are unable to agree as to any matter
139	139	relating to the transfer, the Texas Higher Education Coordinating
140	140	Board on application of either board of regents shall resolve the
141	141	disagreement consistent with the intent of this section and the
142	142	provisions of this Act as the coordinating board determines is in
143	143	the best interest of this state and the institutions under the
144	144	governance of the boards of regents. The coordinating board may
145	145	issue any orders or take any other action the coordinating board
146	146	considers appropriate to enforce this section or to facilitate the
147	147	transfer consistent with this Act and the intent of the
148	148	legislature.
149	149	SECTION 8. APPOINTMENT OF INITIAL BOARD OF REGENTS. Not
150	150	later than December 1, 2019, the governor shall appoint the initial
151	151	members of the board of regents of the Thurgood Marshall School of
152	152	Law under Chapter 112, Education Code, as added by this Act. The
153	153	governor shall appoint:
154	154	(1) three members whose terms expire February 1, 2021;
155	155	(2) three members whose terms expire February 1, 2023;
156	156	and
157	157	(3) three members whose terms expire February 1, 2025.
158	158	SECTION 9. EFFECTIVE DATE. This Act takes effect September
159	159	1, 2019.