1 | 1 | | 87R5096 KJE-F |
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2 | 2 | | By: Gutierrez S.B. No. 522 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the transfer of Sul Ross State University to The Texas |
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8 | 8 | | A&M University System. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. AMENDMENT. Chapter 87, Education Code, is |
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11 | 11 | | amended by adding Subchapter M to read as follows: |
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12 | 12 | | SUBCHAPTER M. SUL ROSS STATE UNIVERSITY |
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13 | 13 | | Sec. 87.881. ESTABLISHMENT. (a) Sul Ross State University |
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14 | 14 | | is a coeducational institution of higher education located in the |
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15 | 15 | | city of Alpine, with an upper-level educational center known as Sul |
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16 | 16 | | Ross State University Rio Grande College operated in the cities of |
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17 | 17 | | Del Rio, Eagle Pass, and Uvalde. |
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18 | 18 | | (b) The university is a component institution of The Texas |
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19 | 19 | | A&M University System and is under the management and control of the |
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20 | 20 | | board of regents of The Texas A&M University System. The board has |
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21 | 21 | | the same powers and duties concerning the university as are |
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22 | 22 | | conferred on the board by statute concerning Texas A&M University. |
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23 | 23 | | Sec. 87.882. REFERENCE TO UVALDE STUDY CENTER. A reference |
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24 | 24 | | in law to the Uvalde Study Center of Sul Ross State University means |
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25 | 25 | | Sul Ross State University Rio Grande College. |
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26 | 26 | | SECTION 2. TRANSFER OF GOVERNANCE OF UNIVERSITY. The |
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27 | 27 | | governance, control, management, and property of Sul Ross State |
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28 | 28 | | University are transferred from the board of regents of the Texas |
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29 | 29 | | State University System to the board of regents of The Texas A&M |
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30 | 30 | | University System. The transfer is governed by Sections 3 through 7 |
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31 | 31 | | of this Act. |
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32 | 32 | | SECTION 3. POWERS AND DUTIES; RULES AND POLICIES. (a) When |
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33 | 33 | | the transfer takes effect, the board of regents of The Texas A&M |
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34 | 34 | | University System shall govern, operate, manage, and control Sul |
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35 | 35 | | Ross State University and all land, buildings, facilities, |
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36 | 36 | | improvements, equipment, supplies, and property belonging to and |
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37 | 37 | | constituting Sul Ross State University under the powers and duties |
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38 | 38 | | conferred by law on the board of regents. |
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39 | 39 | | (b) Sul Ross State University may continue to award degrees |
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40 | 40 | | in the same disciplines and of the same academic standing after the |
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41 | 41 | | transfer authorized by this Act as those in which degrees were |
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42 | 42 | | awarded by the university before this Act, subject to the authority |
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43 | 43 | | of the Texas Higher Education Coordinating Board regarding existing |
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44 | 44 | | degree programs. |
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45 | 45 | | (c) Rules and policies adopted by the board of regents of |
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46 | 46 | | the Texas State University System to govern the university that are |
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47 | 47 | | in effect when the transfer takes effect are continued in effect |
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48 | 48 | | until adopted, repealed, or superseded by the board of regents of |
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49 | 49 | | The Texas A&M University System. The board of regents of The Texas |
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50 | 50 | | A&M University System may adopt rules and policies applicable to |
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51 | 51 | | the university in anticipation of the transfer authorized by this |
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52 | 52 | | Act. |
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53 | 53 | | SECTION 4. CONTRACTS AND WRITTEN OBLIGATIONS, INCLUDING |
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54 | 54 | | BONDS. Contracts and written obligations of every kind and |
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55 | 55 | | character entered into by the board of regents of the Texas State |
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56 | 56 | | University System for and on behalf of Sul Ross State University, |
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57 | 57 | | including bonds, are considered ratified, confirmed, and validated |
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58 | 58 | | by the board of regents of The Texas A&M University System on the |
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59 | 59 | | effective date of the transfer. In those contracts and written |
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60 | 60 | | obligations, the board of regents of The Texas A&M University |
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61 | 61 | | System is substituted for and stands and acts in the place of the |
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62 | 62 | | board of regents of the Texas State University System to the extent |
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63 | 63 | | permitted by law. |
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64 | 64 | | SECTION 5. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES. |
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65 | 65 | | (a) The transfer of the governance of Sul Ross State University |
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66 | 66 | | under this Act does not affect the status of any student of the |
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67 | 67 | | university enrolled at the university when the transfer takes |
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68 | 68 | | effect. |
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69 | 69 | | (b) The transfer of the governance of Sul Ross State |
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70 | 70 | | University under this Act does not affect the employment status or |
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71 | 71 | | accrued benefits of any person employed by the university when the |
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72 | 72 | | transfer takes effect. |
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73 | 73 | | SECTION 6. CURRENT FUNDING. All funds that, on the |
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74 | 74 | | effective date of the transfer, have been appropriated or dedicated |
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75 | 75 | | to or are held for the use and benefit of Sul Ross State University |
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76 | 76 | | under the governance of the board of regents of the Texas State |
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77 | 77 | | University System are transferred to the board of regents of The |
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78 | 78 | | Texas A&M University System for the use and benefit of Sul Ross |
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79 | 79 | | State University. |
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80 | 80 | | SECTION 7. LEGISLATIVE INTENT; ROLE OF COORDINATING BOARD. |
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81 | 81 | | It is the intent of the legislature that the transfer of the |
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82 | 82 | | governance of Sul Ross State University from the board of regents of |
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83 | 83 | | the Texas State University System to the board of regents of The |
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84 | 84 | | Texas A&M University System be made without disrupting the |
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85 | 85 | | students, faculty, staff, or programs of the university. If those |
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86 | 86 | | boards of regents are unable to agree as to any matter relating to |
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87 | 87 | | the transfer, the Texas Higher Education Coordinating Board on |
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88 | 88 | | application of either board of regents shall resolve the |
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89 | 89 | | disagreement consistent with the intent of this section and the |
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90 | 90 | | provisions of this Act as the coordinating board determines is in |
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91 | 91 | | the best interest of this state and the institutions under the |
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92 | 92 | | governance of the boards of regents. The coordinating board may |
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93 | 93 | | issue any orders or take any other action the coordinating board |
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94 | 94 | | considers appropriate to enforce this section or to facilitate the |
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95 | 95 | | transfer consistent with this Act and the intent of the |
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96 | 96 | | legislature. |
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97 | 97 | | SECTION 8. AMENDMENT. Section 55.1724(a), Education Code, |
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98 | 98 | | is amended to read as follows: |
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99 | 99 | | (a) In addition to the other authority granted by this |
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100 | 100 | | subchapter, the board of regents of the Texas State University |
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101 | 101 | | System may acquire, purchase, construct, improve, renovate, |
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102 | 102 | | enlarge, or equip property, buildings, structures, facilities, |
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103 | 103 | | roads, or related infrastructure for the following institutions to |
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104 | 104 | | be financed by the issuance of bonds in accordance with this |
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105 | 105 | | subchapter and in accordance with a systemwide revenue financing |
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106 | 106 | | program adopted by the board in aggregate principal amounts not to |
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107 | 107 | | exceed the following: |
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108 | 108 | | (1) Lamar University--Beaumont, $8 million; |
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109 | 109 | | (2) Lamar Institute of Technology, $2 million; |
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110 | 110 | | (3) Lamar State College--Orange, $3.5 million; |
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111 | 111 | | (4) Lamar State College--Port Arthur, $2.75 million; |
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112 | 112 | | (5) Sam Houston State University, $7.5 million; and |
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113 | 113 | | (6) Texas State University, $19.7 million[; and |
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114 | 114 | | [(7) Sul Ross State University, $17.5 million]. |
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115 | 115 | | SECTION 9. AMENDMENT. Section 55.1734(a), Education Code, |
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116 | 116 | | is amended to read as follows: |
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117 | 117 | | (a) In addition to the other authority granted by this |
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118 | 118 | | subchapter, the board of regents of the Texas State University |
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119 | 119 | | System may issue in accordance with this subchapter and in |
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120 | 120 | | accordance with a systemwide revenue financing program adopted by |
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121 | 121 | | the board bonds for the following institutions not to exceed the |
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122 | 122 | | following aggregate principal amounts to finance projects |
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123 | 123 | | specified as follows: |
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124 | 124 | | (1) Lamar University--Beaumont, $21,792,096 to |
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125 | 125 | | renovate and repair campus buildings; |
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126 | 126 | | (2) Lamar Institute of Technology, $5,301,960 to |
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127 | 127 | | renovate Gentry Hall and convert it to classroom and laboratory |
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128 | 128 | | use; |
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129 | 129 | | (3) Lamar State College--Orange, $2,125,000 for |
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130 | 130 | | campus landscaping, renovation of the old library for physical |
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131 | 131 | | plant purposes, renovation of the Main Building and Electronics |
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132 | 132 | | Commerce Resource Center, and demolition of the old physical plant |
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133 | 133 | | building; |
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134 | 134 | | (4) Lamar State College--Port Arthur, $7,650,000 to |
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135 | 135 | | construct a performing arts and classroom building and to expand |
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136 | 136 | | the Gates Memorial Library and develop an adjacent plaza; |
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137 | 137 | | (5) Sam Houston State University, $18 million to |
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138 | 138 | | renovate and expand the Farrington Building; and |
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139 | 139 | | (6) Texas State University, $18,436,500 to construct a |
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140 | 140 | | business building[; and |
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141 | 141 | | [(7) Sul Ross State University, $15,175,000 to |
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142 | 142 | | renovate and expand the range animal science facility and science |
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143 | 143 | | building annex and to carry out other building renovations]. |
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144 | 144 | | SECTION 10. AMENDMENT. Section 55.1784(a), Education Code, |
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145 | 145 | | is amended to read as follows: |
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146 | 146 | | (a) In addition to the other authority granted by this |
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147 | 147 | | subchapter, the board of regents of the Texas State University |
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148 | 148 | | System may acquire, purchase, construct, improve, renovate, |
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149 | 149 | | enlarge, or equip property and facilities, including roads and |
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150 | 150 | | related infrastructure, for projects to be financed through the |
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151 | 151 | | issuance of bonds in accordance with this subchapter and in |
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152 | 152 | | accordance with a systemwide revenue financing program adopted by |
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153 | 153 | | the board for the following institutions, not to exceed the |
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154 | 154 | | following aggregate principal amounts for the projects specified, |
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155 | 155 | | as follows: |
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156 | 156 | | (1) Lamar University, $60 million for construction of |
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157 | 157 | | a science building; |
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158 | 158 | | (2) Lamar State College--Orange, $10 million for |
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159 | 159 | | construction of a multipurpose education building; |
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160 | 160 | | (3) Lamar State College--Port Arthur, $8,080,000 for |
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161 | 161 | | expansion of technology program facilities; |
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162 | 162 | | (4) Lamar Institute of Technology, $12,500,000 for |
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163 | 163 | | construction and renovation of technical arts buildings; |
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164 | 164 | | (5) Texas State University: |
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165 | 165 | | (A) $63 million for construction of an |
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166 | 166 | | engineering and sciences building; and |
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167 | 167 | | (B) $48,600,000 for construction of a health |
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168 | 168 | | professions building in Round Rock, Texas; and |
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169 | 169 | | (6) Sam Houston State University, $48 million for |
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170 | 170 | | construction of a biology laboratory building[; and |
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171 | 171 | | [(7) Sul Ross State University, $6,240,000 for |
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172 | 172 | | renovation and modernization of educational and related facilities |
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173 | 173 | | and infrastructure]. |
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174 | 174 | | SECTION 11. AMENDMENT. Subchapter B, Chapter 55, Education |
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175 | 175 | | Code, is amended by adding Section 55.17811 to read as follows: |
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176 | 176 | | Sec. 55.17811. SUL ROSS STATE UNIVERSITY. (a) In addition |
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177 | 177 | | to the other authority granted by this subchapter, the board of |
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178 | 178 | | regents of The Texas A&M University System may issue bonds in |
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179 | 179 | | accordance with this subchapter and in accordance with a systemwide |
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180 | 180 | | revenue financing program adopted by the board in the aggregate |
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181 | 181 | | principal amounts not to exceed the amounts previously authorized |
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182 | 182 | | for Sul Ross State University by Sections 55.1724, 55.1734, and |
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183 | 183 | | 55.1784, as those sections existed immediately before this section |
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184 | 184 | | took effect, less any portion of those amounts for which bonds were |
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185 | 185 | | issued under those sections for the university before the date this |
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186 | 186 | | section took effect. Subject to Subsection (d), bonds issued under |
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187 | 187 | | this section for an amount previously authorized by Section |
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188 | 188 | | 55.1724, 55.1734, or 55.1784 may be used only at Sul Ross State |
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189 | 189 | | University for the purposes for which the bonds were authorized to |
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190 | 190 | | be issued for the university under Section 55.1724, 55.1734, or |
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191 | 191 | | 55.1784, as applicable. |
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192 | 192 | | (b) The board may pledge irrevocably to the payment of those |
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193 | 193 | | bonds all or any part of the revenue funds of an institution, |
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194 | 194 | | branch, or entity of The Texas A&M University System, including |
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195 | 195 | | student tuition charges. The amount of a pledge made under this |
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196 | 196 | | subsection may not be reduced or abrogated while the bonds for which |
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197 | 197 | | the pledge is made, or bonds issued to refund those bonds, are |
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198 | 198 | | outstanding. |
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199 | 199 | | (c) If sufficient funds are not available to the board to |
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200 | 200 | | meet its obligations under this section, the board may transfer |
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201 | 201 | | funds among institutions, branches, and entities of The Texas A&M |
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202 | 202 | | University System to ensure the most equitable and efficient |
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203 | 203 | | allocation of available resources for each institution, branch, or |
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204 | 204 | | entity to carry out its duties and purposes. |
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205 | 205 | | (d) Any portion of the proceeds of bonds authorized by this |
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206 | 206 | | section for one or more specified projects that is not required for |
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207 | 207 | | the specified projects may be used to renovate existing structures |
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208 | 208 | | and facilities at the university. |
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209 | 209 | | SECTION 12. AMENDMENT. Section 62.021(a), Education Code, |
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210 | 210 | | is amended to read as follows: |
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211 | 211 | | (a) In each state fiscal year beginning with the state |
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212 | 212 | | fiscal year ending August 31, 2021, an eligible institution is |
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213 | 213 | | entitled to receive an amount allocated in accordance with this |
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214 | 214 | | section from the funds appropriated for that year by Section 17(a), |
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215 | 215 | | Article VII, Texas Constitution. The comptroller shall distribute |
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216 | 216 | | funds allocated under this subsection only on presentation of a |
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217 | 217 | | claim and issuance of a warrant in accordance with Section 403.071, |
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218 | 218 | | Government Code. An eligible institution may not present a claim to |
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219 | 219 | | be paid from any funds allocated under this subsection before the |
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220 | 220 | | delivery of goods or services described in Section 17, Article VII, |
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221 | 221 | | Texas Constitution, except for the payment of principal or interest |
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222 | 222 | | on bonds or notes or for a payment for a book or other published |
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223 | 223 | | library material as authorized by Section 2155.386, Government |
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224 | 224 | | Code. The allocation of funds under this subsection is made in |
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225 | 225 | | accordance with an equitable formula consisting of the following |
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226 | 226 | | elements: space deficit, facilities condition, institutional |
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227 | 227 | | complexity, and a separate allocation for the Texas State Technical |
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228 | 228 | | College System. The annual amounts allocated by the formula are as |
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229 | 229 | | follows: |
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230 | 230 | | (1) $4,933,200 to Midwestern State University; |
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231 | 231 | | (2) to the following component institutions of the |
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232 | 232 | | University of North Texas System: |
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233 | 233 | | (A) $37,346,563 to the University of North Texas; |
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234 | 234 | | (B) $15,125,502 to the University of North Texas |
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235 | 235 | | Health Science Center at Fort Worth; and |
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236 | 236 | | (C) $3,354,441 to the University of North Texas |
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237 | 237 | | at Dallas; |
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238 | 238 | | (3) $11,277,793 to Stephen F. Austin State University; |
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239 | 239 | | (4) to the following component institutions of the |
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240 | 240 | | Texas State University System: |
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241 | 241 | | (A) $13,141,181 to Lamar University; |
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242 | 242 | | (B) $2,553,130 to the Lamar Institute of |
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243 | 243 | | Technology; |
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244 | 244 | | (C) $1,488,396 to Lamar State College--Orange; |
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245 | 245 | | (D) $2,217,102 to Lamar State College--Port |
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246 | 246 | | Arthur; |
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247 | 247 | | (E) $18,236,811 to Sam Houston State University; |
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248 | 248 | | and |
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249 | 249 | | (F) $37,606,478 to Texas State University; |
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250 | 250 | | [(G) $2,151,723 to Sul Ross State University; and |
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251 | 251 | | [(H) $472,890 to Sul Ross State University-Rio |
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252 | 252 | | Grande College;] |
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253 | 253 | | (5) $11,719,335 to Texas Southern University; |
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254 | 254 | | (6) to the following component institutions of the |
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255 | 255 | | Texas Tech University System: |
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256 | 256 | | (A) $49,874,746 to Texas Tech University; |
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257 | 257 | | (B) $21,652,392 to Texas Tech University Health |
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258 | 258 | | Sciences Center; |
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259 | 259 | | (C) $6,792,999 to Angelo State University; and |
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260 | 260 | | (D) $5,557,572 to Texas Tech University Health |
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261 | 261 | | Sciences Center--El Paso; |
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262 | 262 | | (7) $14,554,133 to Texas Woman's University; |
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263 | 263 | | (8) to the following component institutions of the |
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264 | 264 | | University of Houston System: |
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265 | 265 | | (A) $54,514,004 to the University of Houston; |
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266 | 266 | | (B) $3,542,817 to the University of |
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267 | 267 | | Houston--Victoria; |
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268 | 268 | | (C) $7,726,043 to the University of |
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269 | 269 | | Houston--Clear Lake; and |
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270 | 270 | | (D) $10,828,344 to the University of |
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271 | 271 | | Houston--Downtown; |
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272 | 272 | | (9) to the following component institutions of The |
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273 | 273 | | Texas A&M University System: |
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274 | 274 | | (A) $11,478,824 to Texas A&M University--Corpus |
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275 | 275 | | Christi; |
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276 | 276 | | (B) $7,462,394 to Texas A&M International |
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277 | 277 | | University; |
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278 | 278 | | (C) $8,858,060 to Texas A&M |
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279 | 279 | | University--Kingsville; |
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280 | 280 | | (D) $7,446,495 to West Texas A&M University; |
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281 | 281 | | (E) $11,123,859 to Texas A&M |
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282 | 282 | | University--Commerce; [and] |
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283 | 283 | | (F) $2,050,273 to Texas A&M |
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284 | 284 | | University--Texarkana; |
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285 | 285 | | (G) $2,151,723 to Sul Ross State University; and |
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286 | 286 | | (H) $472,890 to Sul Ross State University Rio |
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287 | 287 | | Grande College; and |
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288 | 288 | | (10) $8,662,500 to the Texas State Technical College |
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289 | 289 | | System Administration and the following component campuses, but not |
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290 | 290 | | its extension centers or programs: |
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291 | 291 | | (A) Texas State Technical College-Harlingen; |
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292 | 292 | | (B) Texas State Technical College--Marshall; |
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293 | 293 | | (C) Texas State Technical College--West Texas; |
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294 | 294 | | (D) Texas State Technical College--Waco; |
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295 | 295 | | (E) Texas State Technical College--Fort Bend; |
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296 | 296 | | and |
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297 | 297 | | (F) Texas State Technical College--North Texas. |
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298 | 298 | | SECTION 13. REPEALER. Subchapter A, Chapter 96, Education |
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299 | 299 | | Code, is repealed. |
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300 | 300 | | SECTION 14. EFFECTIVE DATE. This Act takes effect |
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301 | 301 | | September 1, 2021. |
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