Texas 2021 - 87th Regular

Texas House Bill HB2336 Compare Versions

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

Old	New	Differences
1	1	87R5096 KJE-F
2	2	By: Morales of Maverick H.B. No. 2336
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the transfer of Sul Ross State University to The Texas
8	8	A&M University System.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. AMENDMENT. Chapter 87, Education Code, is
11	11	amended by adding Subchapter M to read as follows:
12	12	SUBCHAPTER M. SUL ROSS STATE UNIVERSITY
13	13	Sec. 87.881. ESTABLISHMENT. (a) Sul Ross State University
14	14	is a coeducational institution of higher education located in the
15	15	city of Alpine, with an upper-level educational center known as Sul
16	16	Ross State University Rio Grande College operated in the cities of
17	17	Del Rio, Eagle Pass, and Uvalde.
18	18	(b) The university is a component institution of The Texas
19	19	A&M University System and is under the management and control of the
20	20	board of regents of The Texas A&M University System. The board has
21	21	the same powers and duties concerning the university as are
22	22	conferred on the board by statute concerning Texas A&M University.
23	23	Sec. 87.882. REFERENCE TO UVALDE STUDY CENTER. A reference
24	24	in law to the Uvalde Study Center of Sul Ross State University means
25	25	Sul Ross State University Rio Grande College.
26	26	SECTION 2. TRANSFER OF GOVERNANCE OF UNIVERSITY. The
27	27	governance, control, management, and property of Sul Ross State
28	28	University are transferred from the board of regents of the Texas
29	29	State University System to the board of regents of The Texas A&M
30	30	University System. The transfer is governed by Sections 3 through 7
31	31	of this Act.
32	32	SECTION 3. POWERS AND DUTIES; RULES AND POLICIES. (a) When
33	33	the transfer takes effect, the board of regents of The Texas A&M
34	34	University System shall govern, operate, manage, and control Sul
35	35	Ross State University and all land, buildings, facilities,
36	36	improvements, equipment, supplies, and property belonging to and
37	37	constituting Sul Ross State University under the powers and duties
38	38	conferred by law on the board of regents.
39	39	(b) Sul Ross State University may continue to award degrees
40	40	in the same disciplines and of the same academic standing after the
41	41	transfer authorized by this Act as those in which degrees were
42	42	awarded by the university before this Act, subject to the authority
43	43	of the Texas Higher Education Coordinating Board regarding existing
44	44	degree programs.
45	45	(c) Rules and policies adopted by the board of regents of
46	46	the Texas State University System to govern the university that are
47	47	in effect when the transfer takes effect are continued in effect
48	48	until adopted, repealed, or superseded by the board of regents of
49	49	The Texas A&M University System. The board of regents of The Texas
50	50	A&M University System may adopt rules and policies applicable to
51	51	the university in anticipation of the transfer authorized by this
52	52	Act.
53	53	SECTION 4. CONTRACTS AND WRITTEN OBLIGATIONS, INCLUDING
54	54	BONDS. Contracts and written obligations of every kind and
55	55	character entered into by the board of regents of the Texas State
56	56	University System for and on behalf of Sul Ross State University,
57	57	including bonds, are considered ratified, confirmed, and validated
58	58	by the board of regents of The Texas A&M University System on the
59	59	effective date of the transfer. In those contracts and written
60	60	obligations, the board of regents of The Texas A&M University
61	61	System is substituted for and stands and acts in the place of the
62	62	board of regents of the Texas State University System to the extent
63	63	permitted by law.
64	64	SECTION 5. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
65	65	(a) The transfer of the governance of Sul Ross State University
66	66	under this Act does not affect the status of any student of the
67	67	university enrolled at the university when the transfer takes
68	68	effect.
69	69	(b) The transfer of the governance of Sul Ross State
70	70	University under this Act does not affect the employment status or
71	71	accrued benefits of any person employed by the university when the
72	72	transfer takes effect.
73	73	SECTION 6. CURRENT FUNDING. All funds that, on the
74	74	effective date of the transfer, have been appropriated or dedicated
75	75	to or are held for the use and benefit of Sul Ross State University
76	76	under the governance of the board of regents of the Texas State
77	77	University System are transferred to the board of regents of The
78	78	Texas A&M University System for the use and benefit of Sul Ross
79	79	State University.
80	80	SECTION 7. LEGISLATIVE INTENT; ROLE OF COORDINATING BOARD.
81	81	It is the intent of the legislature that the transfer of the
82	82	governance of Sul Ross State University from the board of regents of
83	83	the Texas State University System to the board of regents of The
84	84	Texas A&M University System be made without disrupting the
85	85	students, faculty, staff, or programs of the university. If those
86	86	boards of regents are unable to agree as to any matter relating to
87	87	the transfer, the Texas Higher Education Coordinating Board on
88	88	application of either board of regents shall resolve the
89	89	disagreement consistent with the intent of this section and the
90	90	provisions of this Act as the coordinating board determines is in
91	91	the best interest of this state and the institutions under the
92	92	governance of the boards of regents. The coordinating board may
93	93	issue any orders or take any other action the coordinating board
94	94	considers appropriate to enforce this section or to facilitate the
95	95	transfer consistent with this Act and the intent of the
96	96	legislature.
97	97	SECTION 8. AMENDMENT. Section 55.1724(a), Education Code,
98	98	is amended to read as follows:
99	99	(a) In addition to the other authority granted by this
100	100	subchapter, the board of regents of the Texas State University
101	101	System may acquire, purchase, construct, improve, renovate,
102	102	enlarge, or equip property, buildings, structures, facilities,
103	103	roads, or related infrastructure for the following institutions to
104	104	be financed by the issuance of bonds in accordance with this
105	105	subchapter and in accordance with a systemwide revenue financing
106	106	program adopted by the board in aggregate principal amounts not to
107	107	exceed the following:
108	108	(1) Lamar University--Beaumont, $8 million;
109	109	(2) Lamar Institute of Technology, $2 million;
110	110	(3) Lamar State College--Orange, $3.5 million;
111	111	(4) Lamar State College--Port Arthur, $2.75 million;
112	112	(5) Sam Houston State University, $7.5 million; and
113	113	(6) Texas State University, $19.7 million[; and
114	114	[(7) Sul Ross State University, $17.5 million].
115	115	SECTION 9. AMENDMENT. Section 55.1734(a), Education Code,
116	116	is amended to read as follows:
117	117	(a) In addition to the other authority granted by this
118	118	subchapter, the board of regents of the Texas State University
119	119	System may issue in accordance with this subchapter and in
120	120	accordance with a systemwide revenue financing program adopted by
121	121	the board bonds for the following institutions not to exceed the
122	122	following aggregate principal amounts to finance projects
123	123	specified as follows:
124	124	(1) Lamar University--Beaumont, $21,792,096 to
125	125	renovate and repair campus buildings;
126	126	(2) Lamar Institute of Technology, $5,301,960 to
127	127	renovate Gentry Hall and convert it to classroom and laboratory
128	128	use;
129	129	(3) Lamar State College--Orange, $2,125,000 for
130	130	campus landscaping, renovation of the old library for physical
131	131	plant purposes, renovation of the Main Building and Electronics
132	132	Commerce Resource Center, and demolition of the old physical plant
133	133	building;
134	134	(4) Lamar State College--Port Arthur, $7,650,000 to
135	135	construct a performing arts and classroom building and to expand
136	136	the Gates Memorial Library and develop an adjacent plaza;
137	137	(5) Sam Houston State University, $18 million to
138	138	renovate and expand the Farrington Building; and
139	139	(6) Texas State University, $18,436,500 to construct a
140	140	business building[; and
141	141	[(7) Sul Ross State University, $15,175,000 to
142	142	renovate and expand the range animal science facility and science
143	143	building annex and to carry out other building renovations].
144	144	SECTION 10. AMENDMENT. Section 55.1784(a), Education Code,
145	145	is amended to read as follows:
146	146	(a) In addition to the other authority granted by this
147	147	subchapter, the board of regents of the Texas State University
148	148	System may acquire, purchase, construct, improve, renovate,
149	149	enlarge, or equip property and facilities, including roads and
150	150	related infrastructure, for projects to be financed through the
151	151	issuance of bonds in accordance with this subchapter and in
152	152	accordance with a systemwide revenue financing program adopted by
153	153	the board for the following institutions, not to exceed the
154	154	following aggregate principal amounts for the projects specified,
155	155	as follows:
156	156	(1) Lamar University, $60 million for construction of
157	157	a science building;
158	158	(2) Lamar State College--Orange, $10 million for
159	159	construction of a multipurpose education building;
160	160	(3) Lamar State College--Port Arthur, $8,080,000 for
161	161	expansion of technology program facilities;
162	162	(4) Lamar Institute of Technology, $12,500,000 for
163	163	construction and renovation of technical arts buildings;
164	164	(5) Texas State University:
165	165	(A) $63 million for construction of an
166	166	engineering and sciences building; and
167	167	(B) $48,600,000 for construction of a health
168	168	professions building in Round Rock, Texas; and
169	169	(6) Sam Houston State University, $48 million for
170	170	construction of a biology laboratory building[; and
171	171	[(7) Sul Ross State University, $6,240,000 for
172	172	renovation and modernization of educational and related facilities
173	173	and infrastructure].
174	174	SECTION 11. AMENDMENT. Subchapter B, Chapter 55, Education
175	175	Code, is amended by adding Section 55.17811 to read as follows:
176	176	Sec. 55.17811. SUL ROSS STATE UNIVERSITY. (a) In addition
177	177	to the other authority granted by this subchapter, the board of
178	178	regents of The Texas A&M University System may issue bonds in
179	179	accordance with this subchapter and in accordance with a systemwide
180	180	revenue financing program adopted by the board in the aggregate
181	181	principal amounts not to exceed the amounts previously authorized
182	182	for Sul Ross State University by Sections 55.1724, 55.1734, and
183	183	55.1784, as those sections existed immediately before this section
184	184	took effect, less any portion of those amounts for which bonds were
185	185	issued under those sections for the university before the date this
186	186	section took effect. Subject to Subsection (d), bonds issued under
187	187	this section for an amount previously authorized by Section
188	188	55.1724, 55.1734, or 55.1784 may be used only at Sul Ross State
189	189	University for the purposes for which the bonds were authorized to
190	190	be issued for the university under Section 55.1724, 55.1734, or
191	191	55.1784, as applicable.
192	192	(b) The board may pledge irrevocably to the payment of those
193	193	bonds all or any part of the revenue funds of an institution,
194	194	branch, or entity of The Texas A&M University System, including
195	195	student tuition charges. The amount of a pledge made under this
196	196	subsection may not be reduced or abrogated while the bonds for which
197	197	the pledge is made, or bonds issued to refund those bonds, are
198	198	outstanding.
199	199	(c) If sufficient funds are not available to the board to
200	200	meet its obligations under this section, the board may transfer
201	201	funds among institutions, branches, and entities of The Texas A&M
202	202	University System to ensure the most equitable and efficient
203	203	allocation of available resources for each institution, branch, or
204	204	entity to carry out its duties and purposes.
205	205	(d) Any portion of the proceeds of bonds authorized by this
206	206	section for one or more specified projects that is not required for
207	207	the specified projects may be used to renovate existing structures
208	208	and facilities at the university.
209	209	SECTION 12. AMENDMENT. Section 62.021(a), Education Code,
210	210	is amended to read as follows:
211	211	(a) In each state fiscal year beginning with the state
212	212	fiscal year ending August 31, 2021, an eligible institution is
213	213	entitled to receive an amount allocated in accordance with this
214	214	section from the funds appropriated for that year by Section 17(a),
215	215	Article VII, Texas Constitution. The comptroller shall distribute
216	216	funds allocated under this subsection only on presentation of a
217	217	claim and issuance of a warrant in accordance with Section 403.071,
218	218	Government Code. An eligible institution may not present a claim to
219	219	be paid from any funds allocated under this subsection before the
220	220	delivery of goods or services described in Section 17, Article VII,
221	221	Texas Constitution, except for the payment of principal or interest
222	222	on bonds or notes or for a payment for a book or other published
223	223	library material as authorized by Section 2155.386, Government
224	224	Code. The allocation of funds under this subsection is made in
225	225	accordance with an equitable formula consisting of the following
226	226	elements: space deficit, facilities condition, institutional
227	227	complexity, and a separate allocation for the Texas State Technical
228	228	College System. The annual amounts allocated by the formula are as
229	229	follows:
230	230	(1) $4,933,200 to Midwestern State University;
231	231	(2) to the following component institutions of the
232	232	University of North Texas System:
233	233	(A) $37,346,563 to the University of North Texas;
234	234	(B) $15,125,502 to the University of North Texas
235	235	Health Science Center at Fort Worth; and
236	236	(C) $3,354,441 to the University of North Texas
237	237	at Dallas;
238	238	(3) $11,277,793 to Stephen F. Austin State University;
239	239	(4) to the following component institutions of the
240	240	Texas State University System:
241	241	(A) $13,141,181 to Lamar University;
242	242	(B) $2,553,130 to the Lamar Institute of
243	243	Technology;
244	244	(C) $1,488,396 to Lamar State College--Orange;
245	245	(D) $2,217,102 to Lamar State College--Port
246	246	Arthur;
247	247	(E) $18,236,811 to Sam Houston State University;
248	248	and
249	249	(F) $37,606,478 to Texas State University;
250	250	[(G) $2,151,723 to Sul Ross State University; and
251	251	[(H) $472,890 to Sul Ross State University-Rio
252	252	Grande College;]
253	253	(5) $11,719,335 to Texas Southern University;
254	254	(6) to the following component institutions of the
255	255	Texas Tech University System:
256	256	(A) $49,874,746 to Texas Tech University;
257	257	(B) $21,652,392 to Texas Tech University Health
258	258	Sciences Center;
259	259	(C) $6,792,999 to Angelo State University; and
260	260	(D) $5,557,572 to Texas Tech University Health
261	261	Sciences Center--El Paso;
262	262	(7) $14,554,133 to Texas Woman's University;
263	263	(8) to the following component institutions of the
264	264	University of Houston System:
265	265	(A) $54,514,004 to the University of Houston;
266	266	(B) $3,542,817 to the University of
267	267	Houston--Victoria;
268	268	(C) $7,726,043 to the University of
269	269	Houston--Clear Lake; and
270	270	(D) $10,828,344 to the University of
271	271	Houston--Downtown;
272	272	(9) to the following component institutions of The
273	273	Texas A&M University System:
274	274	(A) $11,478,824 to Texas A&M University--Corpus
275	275	Christi;
276	276	(B) $7,462,394 to Texas A&M International
277	277	University;
278	278	(C) $8,858,060 to Texas A&M
279	279	University--Kingsville;
280	280	(D) $7,446,495 to West Texas A&M University;
281	281	(E) $11,123,859 to Texas A&M
282	282	University--Commerce; [and]
283	283	(F) $2,050,273 to Texas A&M
284	284	University--Texarkana;
285	285	(G) $2,151,723 to Sul Ross State University; and
286	286	(H) $472,890 to Sul Ross State University Rio
287	287	Grande College; and
288	288	(10) $8,662,500 to the Texas State Technical College
289	289	System Administration and the following component campuses, but not
290	290	its extension centers or programs:
291	291	(A) Texas State Technical College-Harlingen;
292	292	(B) Texas State Technical College--Marshall;
293	293	(C) Texas State Technical College--West Texas;
294	294	(D) Texas State Technical College--Waco;
295	295	(E) Texas State Technical College--Fort Bend;
296	296	and
297	297	(F) Texas State Technical College--North Texas.
298	298	SECTION 13. REPEALER. Subchapter A, Chapter 96, Education
299	299	Code, is repealed.
300	300	SECTION 14. EFFECTIVE DATE. This Act takes effect
301	301	September 1, 2021.