86R10796 KSD-D
By: Dutton H.B. No. 2383
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Thurgood Marshall School of
Law as an independent public institution of higher education;
granting a power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. AMENDMENT. Subtitle F, Title 3, Education Code,
is amended by adding Chapter 112 to read as follows:
CHAPTER 112. THURGOOD MARSHALL SCHOOL OF LAW
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 112.001. THURGOOD MARSHALL SCHOOL OF LAW. The
Thurgood Marshall School of Law is established in the city of
Houston.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 112.051. BOARD OF REGENTS. The organization, control,
and management of the Thurgood Marshall School of Law is vested in a
board of nine regents appointed by the governor and confirmed by the
senate.
Sec. 112.052. TERM OF OFFICE; VACANCY. (a) Members of the
board of regents hold office for staggered terms of six years, with
the terms of three members expiring on February 1 of each
odd-numbered year.
(b) A vacancy on the board shall be filled by appointment
for the unexpired portion of the term.
Sec. 112.053. QUALIFICATIONS. Each member of the board of
regents must be a qualified voter of this state.
Sec. 112.054. OFFICERS; MEETINGS. The board of regents
shall elect a chair and any other officers the board considers
necessary. The chair may convene the board when the chair considers
it expedient to consider any business related to the school of law.
Sec. 112.055. EXPENSES. Members of the board of regents
serve without pay but shall be reimbursed for their actual expenses
incurred in attending the work of the board, subject to the approval
of the board's chair.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 112.101. GENERAL POWERS AND DUTIES. (a) The board of
regents shall adopt bylaws, rules, and regulations the board
considers necessary and proper for the governance of the school of
law.
(b) The board may prescribe courses leading to customary
degrees offered by other leading American schools of law and may
award those degrees.
Sec. 112.102. GIFTS, GRANTS. The board of regents may
solicit and accept from public or private sources gifts and grants
of money or property for the benefit of the school of law.
Sec. 112.103. ACQUISITION AND DISPOSITION OF LAND. (a) The
board of regents on behalf of the school of law may acquire by
purchase, exchange, or otherwise any tract or parcel of land or
other real property necessary or convenient for carrying out the
purposes of a state-supported school of law, and may sell,
exchange, or lease any land owned by the school of law.
(b) The proceeds from any lease of land or other real
property shall be added to the general funds of the school of law.
The proceeds from any sale of land or other real property shall be
added to the capital funds of the school.
(c) The board has the power of eminent domain for land
acquisitions permitted by Subsection (a).
Sec. 112.104. SUITS. Venue for a suit against the school of
law is in Harris County or Travis County. Process may be served on
the school of law only by service of citation on the school of law's
chief executive officer.
Sec. 112.105. LEGISLATIVE INTENT. The authority granted
the board of regents under this subchapter is intended to be the
same as the authority granted to the governing boards of The
University of Texas System, The Texas A&M University System, and
similar institutions with regard to the control and use of local
funds.
SECTION 2. TRANSFER OF GOVERNANCE AND PROPERTY OF THURGOOD
MARSHALL SCHOOL OF LAW. (a) Effective June 1, 2020, the
governance, control, and management of the Thurgood Marshall School
of Law are transferred from the board of regents of Texas Southern
University to the board of regents of the Thurgood Marshall School
of Law. The transfer is governed by Sections 3 through 7 of this
Act.
(b) On the date of the transfer provided by Subsection (a)
of this section, all real and personal property of Texas Southern
University used primarily for the operation of the Thurgood
Marshall School of Law is transferred to the Thurgood Marshall
School of Law.
SECTION 3. POWERS AND DUTIES; RULES AND POLICIES. (a) When
the transfer takes effect, the board of regents of the Thurgood
Marshall School of Law shall govern, operate, manage, and control
the Thurgood Marshall School of Law and all real and personal
property belonging to and constituting the Thurgood Marshall School
of Law under the powers and duties conferred by law on the board of
regents.
(b) The Thurgood Marshall School of Law may continue to
award degrees in the same disciplines and of the same academic
standing after the transfer authorized by this Act as those in which
degrees were awarded by the Thurgood Marshall School of Law before
the transfer, subject to the authority of the Texas Higher
Education Coordinating Board regarding existing degree programs.
(c) Rules and policies adopted by the board of regents of
Texas Southern University to govern the Thurgood Marshall School of
Law that are in effect when the transfer takes effect are continued
in effect until adopted, repealed, or superseded by the board of
regents of the Thurgood Marshall School of Law. The board of
regents of the Thurgood Marshall School of Law may adopt rules and
policies applicable to the school of law in anticipation of the
transfer authorized by this Act.
SECTION 4. CONTRACTS AND WRITTEN OBLIGATIONS, INCLUDING
BONDS. Contracts and written obligations of every kind and
character entered into by the board of regents of Texas Southern
University for and on behalf of the Thurgood Marshall School of Law,
including bonds, are considered ratified, confirmed, and validated
by the board of regents of the Thurgood Marshall School of Law on
the effective date of the transfer. In those contracts and written
obligations, the board of regents of the Thurgood Marshall School
of Law is substituted for and stands and acts in the place of the
board of regents of Texas Southern University to the extent
permitted by law.
SECTION 5. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
(a) The transfer of the governance of the Thurgood Marshall School
of Law under this Act does not affect the status of any student of
the school of law enrolled at the school of law when the transfer
takes effect.
(b) The transfer of the governance of the Thurgood Marshall
School of Law under this Act does not affect the employment status
or accrued benefits of any person employed by the school of law when
the transfer takes effect.
SECTION 6. CURRENT FUNDING. All funds that, on the
effective date of the transfer, have been appropriated or dedicated
to or are held for the use and benefit of the Thurgood Marshall
School of Law under the governance of the board of regents of Texas
Southern University are transferred to the board of regents of the
Thurgood Marshall School of Law for the use and benefit of the
school of law.
SECTION 7. LEGISLATIVE INTENT; ROLE OF COORDINATING BOARD.
It is the intent of the legislature that the transfer of the
governance of the Thurgood Marshall School of Law from the board of
regents of Texas Southern University to the board of regents of the
Thurgood Marshall School of Law be made without disrupting the
students, faculty, staff, or programs of the school of law. If
those boards of regents are unable to agree as to any matter
relating to the transfer, the Texas Higher Education Coordinating
Board on application of either board of regents shall resolve the
disagreement consistent with the intent of this section and the
provisions of this Act as the coordinating board determines is in
the best interest of this state and the institutions under the
governance of the boards of regents. The coordinating board may
issue any orders or take any other action the coordinating board
considers appropriate to enforce this section or to facilitate the
transfer consistent with this Act and the intent of the
legislature.
SECTION 8. APPOINTMENT OF INITIAL BOARD OF REGENTS. Not
later than December 1, 2019, the governor shall appoint the initial
members of the board of regents of the Thurgood Marshall School of
Law under Chapter 112, Education Code, as added by this Act. The
governor shall appoint:
(1) three members whose terms expire February 1, 2021;
(2) three members whose terms expire February 1, 2023;
and
(3) three members whose terms expire February 1, 2025.
SECTION 9. EFFECTIVE DATE. This Act takes effect September
1, 2019.