87R5096 KJE-F
By: Gutierrez S.B. No. 522
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of Sul Ross State University to The Texas
A&M University System.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. AMENDMENT. Chapter 87, Education Code, is
amended by adding Subchapter M to read as follows:
SUBCHAPTER M. SUL ROSS STATE UNIVERSITY
Sec. 87.881. ESTABLISHMENT. (a) Sul Ross State University
is a coeducational institution of higher education located in the
city of Alpine, with an upper-level educational center known as Sul
Ross State University Rio Grande College operated in the cities of
Del Rio, Eagle Pass, and Uvalde.
(b) The university is a component institution of The Texas
A&M University System and is under the management and control of the
board of regents of The Texas A&M University System. The board has
the same powers and duties concerning the university as are
conferred on the board by statute concerning Texas A&M University.
Sec. 87.882. REFERENCE TO UVALDE STUDY CENTER. A reference
in law to the Uvalde Study Center of Sul Ross State University means
Sul Ross State University Rio Grande College.
SECTION 2. TRANSFER OF GOVERNANCE OF UNIVERSITY. The
governance, control, management, and property of Sul Ross State
University are transferred from the board of regents of the Texas
State University System to the board of regents of The Texas A&M
University System. The transfer is governed by Sections 3 through 7
of this Act.
SECTION 3. POWERS AND DUTIES; RULES AND POLICIES. (a) When
the transfer takes effect, the board of regents of The Texas A&M
University System shall govern, operate, manage, and control Sul
Ross State University and all land, buildings, facilities,
improvements, equipment, supplies, and property belonging to and
constituting Sul Ross State University under the powers and duties
conferred by law on the board of regents.
(b) Sul Ross State University 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 university before this Act, 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
the Texas State University System to govern the university 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until adopted, repealed, or superseded by the board of regents of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 Texas A&M University System. The board of regents of The Texas
A&M University System may adopt rules and policies applicable to
the university 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 the Texas State
University System for and on behalf of Sul Ross State University,
including bonds, are considered ratified, confirmed, and validated
by the board of regents of The Texas A&M University System on the
effective date of the transfer. In those contracts and written
obligations, the board of regents of The Texas A&M University
System is substituted for and stands and acts in the place of the
board of regents of the Texas State University System to the extent
permitted by law.
SECTION 5. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
(a) The transfer of the governance of Sul Ross State University
under this Act does not affect the status of any student of the
university enrolled at the university when the transfer takes
effect.
(b) The transfer of the governance of Sul Ross State
University under this Act does not affect the employment status or
accrued benefits of any person employed by the university 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 Sul Ross State University
under the governance of the board of regents of the Texas State
University System are transferred to the board of regents of The
Texas A&M University System for the use and benefit of Sul Ross
State University.
SECTION 7. LEGISLATIVE INTENT; ROLE OF COORDINATING BOARD.
It is the intent of the legislature that the transfer of the
governance of Sul Ross State University from the board of regents of
the Texas State University System to the board of regents of The
Texas A&M University System be made without disrupting the
students, faculty, staff, or programs of the university. 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. AMENDMENT. Section 55.1724(a), Education Code,
is amended to read as follows:
(a) In addition to the other authority granted by this
subchapter, the board of regents of the Texas State University
System may acquire, purchase, construct, improve, renovate,
enlarge, or equip property, buildings, structures, facilities,
roads, or related infrastructure for the following institutions to
be financed by the issuance of bonds in accordance with this
subchapter and in accordance with a systemwide revenue financing
program adopted by the board in aggregate principal amounts not to
exceed the following:
(1) Lamar University--Beaumont, $8 million;
(2) Lamar Institute of Technology, $2 million;
(3) Lamar State College--Orange, $3.5 million;
(4) Lamar State College--Port Arthur, $2.75 million;
(5) Sam Houston State University, $7.5 million; and
(6) Texas State University, $19.7 million[; and
[(7) Sul Ross State University, $17.5 million].
SECTION 9. AMENDMENT. Section 55.1734(a), Education Code,
is amended to read as follows:
(a) In addition to the other authority granted by this
subchapter, the board of regents of the Texas State University
System may issue in accordance with this subchapter and in
accordance with a systemwide revenue financing program adopted by
the board bonds for the following institutions not to exceed the
following aggregate principal amounts to finance projects
specified as follows:
(1) Lamar University--Beaumont, $21,792,096 to
renovate and repair campus buildings;
(2) Lamar Institute of Technology, $5,301,960 to
renovate Gentry Hall and convert it to classroom and laboratory
use;
(3) Lamar State College--Orange, $2,125,000 for
campus landscaping, renovation of the old library for physical
plant purposes, renovation of the Main Building and Electronics
Commerce Resource Center, and demolition of the old physical plant
building;
(4) Lamar State College--Port Arthur, $7,650,000 to
construct a performing arts and classroom building and to expand
the Gates Memorial Library and develop an adjacent plaza;
(5) Sam Houston State University, $18 million to
renovate and expand the Farrington Building; and
(6) Texas State University, $18,436,500 to construct a
business building[; and
[(7) Sul Ross State University, $15,175,000 to
renovate and expand the range animal science facility and science
building annex and to carry out other building renovations].
SECTION 10. AMENDMENT. Section 55.1784(a), Education Code,
is amended to read as follows:
(a) In addition to the other authority granted by this
subchapter, the board of regents of the Texas State University
System may acquire, purchase, construct, improve, renovate,
enlarge, or equip property and facilities, including roads and
related infrastructure, for projects to be financed through the
issuance of bonds in accordance with this subchapter and in
accordance with a systemwide revenue financing program adopted by
the board for the following institutions, not to exceed the
following aggregate principal amounts for the projects specified,
as follows:
(1) Lamar University, $60 million for construction of
a science building;
(2) Lamar State College--Orange, $10 million for
construction of a multipurpose education building;
(3) Lamar State College--Port Arthur, $8,080,000 for
expansion of technology program facilities;
(4) Lamar Institute of Technology, $12,500,000 for
construction and renovation of technical arts buildings;
(5) Texas State University:
(A) $63 million for construction of an
engineering and sciences building; and
(B) $48,600,000 for construction of a health
professions building in Round Rock, Texas; and
(6) Sam Houston State University, $48 million for
construction of a biology laboratory building[; and
[(7) Sul Ross State University, $6,240,000 for
renovation and modernization of educational and related facilities
and infrastructure].
SECTION 11. AMENDMENT. Subchapter B, Chapter 55, Education
Code, is amended by adding Section 55.17811 to read as follows:
Sec. 55.17811. SUL ROSS STATE UNIVERSITY. (a) In addition
to the other authority granted by this subchapter, the board of
regents of The Texas A&M University System may issue bonds in
accordance with this subchapter and in accordance with a systemwide
revenue financing program adopted by the board in the aggregate
principal amounts not to exceed the amounts previously authorized
for Sul Ross State University by Sections 55.1724, 55.1734, and
55.1784, as those sections existed immediately before this section
took effect, less any portion of those amounts for which bonds were
issued under those sections for the university before the date this
section took effect. Subject to Subsection (d), bonds issued under
this section for an amount previously authorized by Section
55.1724, 55.1734, or 55.1784 may be used only at Sul Ross State
University for the purposes for which the bonds were authorized to
be issued for the university under Section 55.1724, 55.1734, or
55.1784, as applicable.
(b) The board may pledge irrevocably to the payment of those
bonds all or any part of the revenue funds of an institution,
branch, or entity of The Texas A&M University System, 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 board to
meet its obligations under this section, the board may transfer
funds among institutions, branches, and entities of The Texas A&M
University System to ensure the most equitable and efficient
allocation of available resources for each institution, branch, or
entity to carry out its duties and purposes.
(d) Any portion of the proceeds of bonds authorized by this
section for one or more specified projects that is not required for
the specified projects may be used to renovate existing structures
and facilities at the university.
SECTION 12. AMENDMENT. Section 62.021(a), Education Code,
is amended to read as follows:
(a) In each state fiscal year beginning with the state
fiscal year ending August 31, 2021, an eligible institution is
entitled to receive an amount allocated in accordance with this
section from the funds appropriated for that year by Section 17(a),
Article VII, Texas Constitution. The comptroller shall distribute
funds allocated under this subsection only on presentation of a
claim and issuance of a warrant in accordance with Section 403.071,
Government Code. An eligible institution may not present a claim to
be paid from any funds allocated under this subsection before the
delivery of goods or services described in Section 17, Article VII,
Texas Constitution, except for the payment of principal or interest
on bonds or notes or for a payment for a book or other published
library material as authorized by Section 2155.386, Government
Code. The allocation of funds under this subsection is made in
accordance with an equitable formula consisting of the following
elements: space deficit, facilities condition, institutional
complexity, and a separate allocation for the Texas State Technical
College System. The annual amounts allocated by the formula are as
follows:
(1) $4,933,200 to Midwestern State University;
(2) to the following component institutions of the
University of North Texas System:
(A) $37,346,563 to the University of North Texas;
(B) $15,125,502 to the University of North Texas
Health Science Center at Fort Worth; and
(C) $3,354,441 to the University of North Texas
at Dallas;
(3) $11,277,793 to Stephen F. Austin State University;
(4) to the following component institutions of the
Texas State University System:
(A) $13,141,181 to Lamar University;
(B) $2,553,130 to the Lamar Institute of
Technology;
(C) $1,488,396 to Lamar State College--Orange;
(D) $2,217,102 to Lamar State College--Port
Arthur;
(E) $18,236,811 to Sam Houston State University;
and
(F) $37,606,478 to Texas State University;
[(G) $2,151,723 to Sul Ross State University; and
[(H) $472,890 to Sul Ross State University-Rio
Grande College;]
(5) $11,719,335 to Texas Southern University;
(6) to the following component institutions of the
Texas Tech University System:
(A) $49,874,746 to Texas Tech University;
(B) $21,652,392 to Texas Tech University Health
Sciences Center;
(C) $6,792,999 to Angelo State University; and
(D) $5,557,572 to Texas Tech University Health
Sciences Center--El Paso;
(7) $14,554,133 to Texas Woman's University;
(8) to the following component institutions of the
University of Houston System:
(A) $54,514,004 to the University of Houston;
(B) $3,542,817 to the University of
Houston--Victoria;
(C) $7,726,043 to the University of
Houston--Clear Lake; and
(D) $10,828,344 to the University of
Houston--Downtown;
(9) to the following component institutions of The
Texas A&M University System:
(A) $11,478,824 to Texas A&M University--Corpus
Christi;
(B) $7,462,394 to Texas A&M International
University;
(C) $8,858,060 to Texas A&M
University--Kingsville;
(D) $7,446,495 to West Texas A&M University;
(E) $11,123,859 to Texas A&M
University--Commerce; [and]
(F) $2,050,273 to Texas A&M
University--Texarkana;
(G) $2,151,723 to Sul Ross State University; and
(H) $472,890 to Sul Ross State University Rio
Grande College; and
(10) $8,662,500 to the Texas State Technical College
System Administration and the following component campuses, but not
its extension centers or programs:
(A) Texas State Technical College-Harlingen;
(B) Texas State Technical College--Marshall;
(C) Texas State Technical College--West Texas;
(D) Texas State Technical College--Waco;
(E) Texas State Technical College--Fort Bend;
and
(F) Texas State Technical College--North Texas.
SECTION 13. REPEALER. Subchapter A, Chapter 96, Education
Code, is repealed.
SECTION 14. EFFECTIVE DATE. This Act takes effect
September 1, 2021.