87R1742 MM-D
By: Ortega, Moody, González of El Paso, H.B. No. 199
Fierro, Ordaz Perez, et al.
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a public law school in El Paso
County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.0907 to read as follows:
Sec. 61.0907. EL PASO SCHOOL OF LAW. (a) The governing
board of a university system may establish and operate, as a
professional school of the system, a school of law in El Paso County
as the governing board considers appropriate.
(b) In administering the law school, the governing board may
prescribe courses leading to customary degrees offered at other
leading American schools of law and may award those degrees.
(c) The governing board may assign responsibility for the
management of the law school to a general academic teaching
institution in the university system.
(d) The governing board may accept and administer gifts and
grants from any public or private person or entity for the use and
benefit of the law school. Notwithstanding any other provision of
this section, establishment of a law school is subject to the
availability of funding, either through appropriation or from
another source.
(e) The governing board of a university system that intends
to establish a law school under this section shall notify the Texas
Higher Education Coordinating Board. If the coordinating board
receives notice from a governing board under this subsection, the
coordinating board shall provide a statement regarding that
intention on its Internet website and provide the other governing
boards with a reasonable opportunity to notify the coordinating
board of an intent to establish a law school under this section. If
the coordinating board receives notice from more than one governing
board under this subsection, the coordinating board, based on
community and student input, available system resources, the
feasibility of the specific proposal of each system, and other
appropriate criteria, shall determine which of those governing
boards may establish a law school under this section.
(f) Before a governing board establishes a law school under
this section, the governing board shall request the coordinating
board to prepare a feasibility study to determine the actions the
system must take to obtain accreditation of the law school. The
coordinating board shall deliver a copy of the study to the
governing board and to the chair of each legislative standing
committee with jurisdiction over higher education.
(g) Not more than one law school may be established under
this section.
SECTION 2. Subchapter B, Chapter 55, Education Code, is
amended by adding Section 55.178 to read as follows:
Sec. 55.178. UNIVERSITY SYSTEM ESTABLISHING EL PASO SCHOOL
OF LAW; ADDITIONAL BONDS. (a) In addition to the other authority
granted by this subchapter, the governing board of the university
system that establishes an El Paso school of law under Section
61.0907 may acquire, purchase, construct, improve, renovate,
enlarge, or equip property, buildings, structures, or other
facilities, including roads and related infrastructure, for the law
school for projects to be financed by the issuance of bonds in
accordance with this subchapter, including bonds issued in
accordance with a systemwide revenue financing program and secured
as provided by that program, in an aggregate principal amount not to
exceed $40 million.
(b) The governing board may pledge irrevocably to the
payment of the bonds authorized by this section all or any part of
the revenue funds of an institution, branch, or entity of the
university system described by Subsection (a), including student
tuition charges. The amount of a pledge made under this subsection
may not be reduced or abrogated while the bonds for which the pledge
is made, or bonds issued to refund those bonds, are outstanding.
(c) If sufficient funds are not available to the governing
board to meet its obligations under this section, the board may
transfer funds among institutions, branches, and entities of the
university system described by Subsection (a) to ensure the most
equitable and efficient allocation of available resources for each
institution, branch, or entity to carry out its duties and
purposes.
SECTION 3. (a) If this Act receives a vote of at least
two-thirds of the membership of each house of the legislature, and
if an El Paso school of law is created by The University of Texas
System or The Texas A&M University System under Section 61.0907,
Education Code, as added by this Act, the El Paso school of law is
entitled to participate in the funding provided by Section 18,
Article VII, Texas Constitution, for the appropriate university
system.
(b) If this Act receives a vote of at least two-thirds of the
membership of each house of the legislature, and if an El Paso
school of law is created under Section 61.0907, Education Code, as
added by this Act, by a university system other than a system
described by Subsection (a) of this section, the El Paso school of
law is entitled to participate in the funding provided by Section
17, Article VII, Texas Constitution. Before the first periodic
allocation of funding under Section 17, Article VII, is made that
includes the El Paso school of law, the legislature may reallocate
the total amount allocated to institutions under that section to
allow for the allocation to the law school.
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, 2021.