S.B. No. 52
AN ACT
relating to the issuance of revenue bonds to fund capital projects
at public institutions of higher education, the oversight of
certain capital projects at those institutions, and the designation
of certain appropriated funds allocated to those institutions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. SECTION 1. Subchapter B, Chapter 55, Education
Code, is amended by adding Section 55.111 to read as follows:
Sec. 55.111. CERTAIN ALLOCATED FUNDS TO BE DESIGNATED AS
CAPITAL CONSTRUCTION ASSISTANCE PROJECTS. For purposes of this
subchapter, funds allocated from the appropriation of general
revenue or federal funds to an institution of higher education to
supplement revenue funds of the institution described by Section
55.13(a) may be designated as "Capital Construction Assistance
Projects."
SECTION 2. Subchapter B, Chapter 55, Education Code, is
amended by adding Sections 55.1791, 55.1792, 55.1793, 55.1794,
55.1795, 55.1796, 55.1797, 55.1798, 55.1799, and 55.17991 to read
as follows:
Sec. 55.1791. THE TEXAS A&M UNIVERSITY SYSTEM; ADDITIONAL
BONDS. (a) In addition to the other authority granted by this
subchapter, the board of regents of The Texas A&M 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) The Texas A&M University System, $43,425,406 for
construction of a STEM education center at the RELLIS campus;
(2) Prairie View A&M University, $44,922,833 for
construction of a teaching and academic student support services
facility;
(3) Tarleton State University:
(A) $65 million for construction of a College of
Health Sciences and Human Services building on the Stephenville
campus; and
(B) $25 million for expansion of the Fort Worth
campus;
(4) Texas A&M University, $56,153,542 for
construction of a clinical veterinary teaching and research
complex;
(5) Texas A&M University--Commerce, $44,922,833 for
an Agricultural Multipurpose Education and Training Center;
(6) Texas A&M University--Corpus Christi, $44,922,833
for construction of an arts and media building;
(7) Texas A&M University at Galveston, $33,692,125 for
construction of an engineering classroom and research building;
(8) Texas A&M University--Kingsville, $44,922,833 for
renovations to address deferred maintenance for campus buildings;
(9) Texas A&M University--Central Texas, $44,922,833
for construction of a central utility plant and infrastructure
upgrades;
(10) West Texas A&M University, $44,922,833 for
infrastructure upgrades to address health and safety issues and the
renovation of an education building;
(11) Texas A&M University--San Antonio, $44,922,833
for construction of a public health and education building;
(12) Texas A&M International University, $44,922,833
for construction of a health science education and research center;
(13) Texas A&M University--Texarkana, $44,922,833 for
construction of a business, engineering, and technology building;
and
(14) The Texas A&M University System Health Science
Center:
(A) $69,897,111 for construction of the Texas
Medical Center Building 3 in Houston, Texas; and
(B) $29,948,556 for construction of a nursing
education and research center in McAllen, Texas.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section 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) In lieu of financing a project described by Subsection
(a) for an institution of higher education, entity, or university
system, the board may finance in the manner prescribed by that
subsection an alternative project for deferred maintenance,
infrastructure, or construction at the same institution, entity, or
system in an amount not to exceed the total of the amount authorized
for the project and any unspent amount from projects authorized for
the institution, entity, or system under this chapter. The board
shall notify the Texas Higher Education Coordinating Board of an
alternative project financed as provided by this subsection.
(e) For financing of an alternative project as provided by
Subsection (d) in an amount that exceeds $25 million, the board must
receive prior written approval from the governor and Legislative
Budget Board. A request for approval of financing of an alternative
project is considered approved unless the governor or the
Legislative Budget Board issues a written disapproval not later
than the 30th business day after the date of the receipt of the
request.
Sec. 55.1792. THE UNIVERSITY OF TEXAS SYSTEM; ADDITIONAL
BONDS. (a) In addition to the other authority granted by this
subchapter, the board of regents of The University of Texas 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) The University of Texas System, $56,153,542 for
renovation of the Microelectronics Research Center at the
J. J. Pickle Research Campus;
(2) The University of Texas at Arlington, $52,409,972
for renovation of the Life Science Building;
(3) The University of Texas at Austin, $56,153,542 for
renovation of the Physics, Math, and Astronomy Building;
(4) The University of Texas at Dallas, $52,409,972 for
construction of a student success center;
(5) The University of Texas at El Paso, $52,409,972
for construction of an advanced teaching and learning complex;
(6) The University of Texas of the Permian Basin,
$44,922,833 for renovation of the Mesa Building and campus
transformation;
(7) The University of Texas Rio Grande Valley,
$44,922,833 for construction of a health affairs building;
(8) The University of Texas at San Antonio,
$52,409,972 for construction of an Innovation, Entrepreneurship,
and Careers building;
(9) The University of Texas at Tyler, $44,922,833 for
construction of a sciences building;
(10) The University of Texas Health Science Center at
Houston, $69,897,111 for construction of a public health education
and research building;
(11) The University of Texas Health Science Center at
San Antonio, $59,897,111 for construction of the Glenn Biggs
Institute for Alzheimer's & Neurodegenerative Diseases Building;
(12) The University of Texas Health Science Center at
Tyler:
(A) $48 million for construction of a health
professions education center; and
(B) $10 million for construction of a health
professions education center located in Longview, Texas;
(13) The University of Texas M. D. Anderson Cancer
Center, $69,897,111 for construction of a life sciences research,
innovation, and discovery initiative facility;
(14) The University of Texas Medical Branch at
Galveston, $59,897,111 for infrastructure and research space
upgrades for research buildings; and
(15) UT Southwestern Medical Center, $59,897,111 for
construction of the north campus Phase VI Brain Institute shell
space.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
an institution, branch, or entity of The University of Texas
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 University
of Texas 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) In lieu of financing a project described by Subsection
(a) for an institution of higher education, entity, or university
system, the board may finance in the manner prescribed by that
subsection an alternative project for deferred maintenance,
infrastructure, or construction at the same institution, entity, or
system in an amount not to exceed the total of the amount authorized
for the project and any unspent amount from projects authorized for
the institution, entity, or system under this chapter. The board
shall notify the Texas Higher Education Coordinating Board of an
alternative project financed as provided by this subsection.
(e) For financing of an alternative project as provided by
Subsection (d) in an amount that exceeds $25 million, the board must
receive prior written approval from the governor and Legislative
Budget Board. A request for approval of financing of an alternative
project is considered approved unless the governor or the
Legislative Budget Board issues a written disapproval not later
than the 30th business day after the date of the receipt of the
request.
Sec. 55.1793. UNIVERSITY OF HOUSTON SYSTEM; ADDITIONAL
BONDS. (a) In addition to the other authority granted by this
subchapter, the board of regents of the University of Houston
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) the University of Houston System, $59,897,111 for
construction of a medical research facility;
(2) the University of Houston:
(A) $40 million for construction of the Hobby
School of Public Affairs Building;
(B) $52,409,972 for construction of the IDEA Lab;
and
(C) $52,409,972 for construction of the Sugar
Land Academic Building 2;
(3) the University of Houston--Clear Lake,
$44,922,833 for renovation of the Bayou Building, the Delta
Building, and the Student Services and Classroom Building;
(4) the University of Houston--Downtown, $44,922,833
for renovation of existing buildings and other campus
infrastructure upgrades and for the construction of the Police
Department and Criminal Justice Academy Building; and
(5) the University of Houston--Victoria, $44,922,833
for renovation of existing buildings and other campus
infrastructure upgrades.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
an institution, branch, or entity of the University of Houston
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 University
of Houston 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) In lieu of financing a project described by Subsection
(a) for an institution of higher education, entity, or university
system, the board may finance in the manner prescribed by that
subsection an alternative project for deferred maintenance,
infrastructure, or construction at the same institution, entity, or
system in an amount not to exceed the total of the amount authorized
for the project and any unspent amount from projects authorized for
the institution, entity, or system under this chapter. The board
shall notify the Texas Higher Education Coordinating Board of an
alternative project financed as provided by this subsection.
(e) For financing of an alternative project as provided by
Subsection (d) in an amount that exceeds $25 million, the board must
receive prior written approval from the governor and Legislative
Budget Board. A request for approval of financing of an alternative
project is considered approved unless the governor or the
Legislative Budget Board issues a written disapproval not later
than the 30th business day after the date of the receipt of the
request.
Sec. 55.1794. TEXAS STATE UNIVERSITY SYSTEM; ADDITIONAL
BONDS. (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) Texas State University System, $11,230,708 for
construction of a field research station and dam repair;
(2) Lamar State College--Orange, $37,435,695 for the
replacement of an academic building to house general academic
instruction and information technology services;
(3) Lamar State College--Port Arthur, $37,435,695 for
construction of an allied health and sciences building;
(4) Lamar Institute of Technology, $37,435,695 for
construction of a facility for workforce and allied health
programs;
(5) Lamar University, $44,922,833 for renovation of a
library;
(6) Sam Houston State University:
(A) $44,922,833 for construction of an allied
health building located in Conroe, Texas; and
(B) $44,922,833 for construction of an active
learning center located in Huntsville, Texas; and
(7) Texas State University:
(A) $111,921,496 for construction of a STEM
classroom building located in San Marcos, Texas; and
(B) $52,409,972 for construction of a health
professions building located in Round Rock, Texas.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
an institution, branch, or entity of the Texas State 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 State
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) In lieu of financing a project described by Subsection
(a) for an institution of higher education, entity, or university
system the board may finance in the manner prescribed by that
subsection an alternative project for deferred maintenance,
infrastructure, or construction at the same institution, entity, or
system in an amount not to exceed the total of the amount authorized
for the project and any unspent amount from projects authorized for
the institution, entity, or system under this chapter. The board
shall notify the Texas Higher Education Coordinating Board of an
alternative project financed as provided by this subsection.
(e) For financing of an alternative project as provided by
Subsection (d) in an amount that exceeds $25 million, the board must
receive prior written approval from the governor and Legislative
Budget Board. A request for approval of financing of an alternative
project is considered approved unless the governor or the
Legislative Budget Board issues a written disapproval not later
than the 30th business day after the date of the receipt of the
request.
Sec. 55.1795. UNIVERSITY OF NORTH TEXAS SYSTEM; ADDITIONAL
BONDS. (a) In addition to the other authority granted by this
subchapter, the board of regents of the University of North Texas
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) the University of North Texas, $113,400,000 for
construction of a science and technology research building;
(2) the University of North Texas at Dallas,
$100,000,000 for construction of a science building; and
(3) the University of North Texas Health Science
Center at Fort Worth, $59,897,111 for campus space optimization and
realignment.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
an institution, branch, or entity of the University of North Texas
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 University
of North Texas 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) In lieu of financing a project described by Subsection
(a) for an institution of higher education, entity, or university
system, the board may finance in the manner prescribed by that
subsection an alternative project for deferred maintenance,
infrastructure, or construction at the same institution, entity, or
system in an amount not to exceed the total of the amount authorized
for the project and any unspent amount from projects authorized for
the institution, entity, or system under this chapter. The board
shall notify the Texas Higher Education Coordinating Board of an
alternative project financed as provided by this subsection.
(e) For financing of an alternative project as provided by
Subsection (d) in an amount that exceeds $25 million, the board must
receive prior written approval from the governor and Legislative
Budget Board. A request for approval of financing of an alternative
project is considered approved unless the governor or the
Legislative Budget Board issues a written disapproval not later
than the 30th business day after the date of the receipt of the
request.
Sec. 55.1796. TEXAS WOMAN'S UNIVERSITY; ADDITIONAL BONDS.
(a) In addition to the other authority granted by this subchapter,
the board of regents of Texas Woman's University may acquire,
purchase, construct, improve, renovate, enlarge, or equip property
and facilities, including roads and related infrastructure, for a
health sciences center, to be financed through the issuance of
bonds in accordance with this subchapter, not to exceed the
aggregate principal amount of $100 million.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
Texas Woman's University, 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) In lieu of financing a project described by Subsection
(a) for Texas Woman's University, the board may finance in the
manner prescribed by that subsection an alternative project for
deferred maintenance, infrastructure, or construction at the
university in an amount not to exceed the total of the amount
authorized for the project and any unspent amount from projects
authorized for the university under this chapter. The board shall
notify the Texas Higher Education Coordinating Board of an
alternative project financed as provided by this subsection.
(d) For financing of an alternative project as provided by
Subsection (c) in an amount that exceeds $25 million, the board must
receive prior written approval from the governor and Legislative
Budget Board. A request for approval of financing of an alternative
project is considered approved unless the governor or the
Legislative Budget Board issues a written disapproval not later
than the 30th business day after the date of the receipt of the
request.
Sec. 55.1797. STEPHEN F. AUSTIN STATE UNIVERSITY;
ADDITIONAL BONDS. (a) In addition to the other authority granted
by this subchapter, the board of regents of Stephen F. Austin State
University may acquire, purchase, construct, improve, renovate,
enlarge, or equip property and facilities, including roads and
related infrastructure, for construction of an interdisciplinary
and applied sciences building, to be financed through the issuance
of bonds in accordance with this subchapter, not to exceed the
aggregate principal amount of $44,922,833.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
Stephen F. Austin State University, 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) In lieu of financing a project described by Subsection
(a) for Stephen F. Austin State University, the board may finance in
the manner prescribed by that subsection an alternative project for
deferred maintenance, infrastructure, or construction at the
university in an amount not to exceed the total of the amount
authorized for the project and any unspent amount from projects
authorized for the university under this chapter. The board shall
notify the Texas Higher Education Coordinating Board of an
alternative project financed as provided by this subsection.
(d) For financing of an alternative project as provided by
Subsection (c) in an amount that exceeds $25 million, the board must
receive prior written approval from the governor and Legislative
Budget Board. A request for approval of financing of an alternative
project is considered approved unless the governor or the
Legislative Budget Board issues a written disapproval not later
than the 30th business day after the date of the receipt of the
request.
Sec. 55.1798. TEXAS TECH UNIVERSITY SYSTEM; ADDITIONAL
BONDS. (a) In addition to the other authority granted by this
subchapter, the board of regents of the Texas Tech 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) Angelo State University, $36 million for a central
plant maintenance and renovation;
(2) Texas Tech University:
(A) $72 million for renovations to address
deferred maintenance for campus buildings; and
(B) $8 million for maintenance and program
enhancement construction in Junction, Texas;
(3) Midwestern State University, $44,922,833 for
renovations to an existing building and other campus infrastructure
upgrades;
(4) Texas Tech University Health Sciences Center:
(A) $59,897,111 for maintenance and renovation
of an existing facility; and
(B) $18,717,847 for construction and equipment
of the physician assistant facility in Midland, Texas; and
(5) Texas Tech University Health Sciences Center at El
Paso, $59,897,111 for construction of a dental school building.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
an institution, branch, or entity of the Texas Tech 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 Tech
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) In lieu of financing a project described by Subsection
(a) for an institution of higher education, entity, or university
system, the board may finance in the manner prescribed by that
subsection an alternative project for deferred maintenance,
infrastructure, or construction at the same institution, entity, or
system in an amount not to exceed the total of the amount authorized
for the project and any unspent amount from projects authorized for
the institution, entity, or system under this chapter. The board
shall notify the Texas Higher Education Coordinating Board of an
alternative project financed as provided by this subsection.
(e) For financing of an alternative project as provided by
Subsection (d) in an amount that exceeds $25 million, the board must
receive prior written approval from the governor and Legislative
Budget Board. A request for approval of financing of an alternative
project is considered approved unless the governor or the
Legislative Budget Board issues a written disapproval not later
than the 30th business day after the date of the receipt of the
request.
Sec. 55.1799. TEXAS SOUTHERN UNIVERSITY; ADDITIONAL BONDS.
(a) In addition to the other authority granted by this subchapter,
the board of regents of Texas Southern University 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, not to exceed the following aggregate
principal amounts for the projects specified, as follows:
(1) $22,800,000 for renovation of the Nabrit Building;
(2) $2,400,000 for upgrades to signage and wayfinding;
(3) $40 million for facility maintenance and
renovation; and
(4) $30 million for construction of a health and
wellness center.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
Texas Southern University, 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) In lieu of financing a project described by Subsection
(a) for Texas Southern University, the board may finance in the
manner prescribed by that subsection an alternative project for
deferred maintenance, infrastructure, or construction at the
university in an amount not to exceed the total of the amount
authorized for the project and any unspent amount from projects
authorized for the university under this chapter. The board shall
notify the Texas Higher Education Coordinating Board of an
alternative project financed as provided by this subsection.
(d) For financing of an alternative project as provided by
Subsection (c) in an amount that exceeds $25 million, the board must
receive prior written approval from the governor and Legislative
Budget Board. A request for approval of financing of an alternative
project is considered approved unless the governor or the
Legislative Budget Board issues a written disapproval not later
than the 30th business day after the date of the receipt of the
request.
Sec. 55.17991. TEXAS STATE TECHNICAL COLLEGE SYSTEM. (a)
In addition to the other authority granted by this subchapter, the
board of regents of the Texas State Technical College 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 for the following entity
and institutions, not to exceed the following aggregate principal
amounts for the projects specified, as follows:
(1) Texas State Technical College System, $33,300,000
for the East Williamson County Higher Education Center expansion;
(2) Texas State Technical College--Fort Bend,
$41,800,000 for Fort Bend County campus expansion;
(3) Texas State Technical College--Harlingen,
$37,800,000 for Harlingen campus expansion;
(4) Texas State Technical College--Marshall, $15
million for Marshall campus expansion;
(5) Texas State Technical College--North Texas, $13.5
million for North Texas campus expansion;
(6) Texas State Technical College--West Texas, $13.5
million for West Texas campus expansion; and
(7) Texas State Technical College--Waco, $53,600,000
for Waco campus expansion.
(b) The board may pledge irrevocably to the payment of bonds
authorized by this section all or any part of the revenue funds of
an institution, branch, or entity of the Texas State Technical
College 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 State
Technical College 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) In lieu of financing a project described by Subsection
(a) for an institution of higher education, entity, or system, the
board may finance in the manner prescribed by that subsection an
alternative project for deferred maintenance, infrastructure, or
construction at the same institution, entity, or system in an
amount not to exceed the total of the amount authorized for the
project and any unspent amount from projects authorized for the
institution, entity, or system under this chapter. The board shall
notify the Texas Higher Education Coordinating Board of an
alternative project financed as provided by this subsection.
(e) For financing of an alternative project as provided by
Subsection (d) in an amount that exceeds $25 million, the board must
receive prior written approval from the governor and Legislative
Budget Board. A request for approval of financing of an alternative
project is considered approved unless the governor or the
Legislative Budget Board issues a written disapproval not later
than the 30th business day after the date of the receipt of the
request.
SECTION 3. Subchapter B, Chapter 55, Education Code, is
amended by adding Section 55.165 to read as follows:
Sec. 55.165. OVERSIGHT OF CERTAIN CAPITAL PROJECTS. (a)
This section applies only to a capital project for which the
issuance of bonds is specifically authorized under this chapter on
or after October 1, 2021.
(b) Notwithstanding Section 2262.002(a), Government Code,
or any other law, a project to which this section applies is subject
to oversight by the contract advisory team in accordance with
Subchapter C, Chapter 2262, Government Code, and the governing
board of the institution of higher education or university system
for which a project was authorized shall consult the contract
advisory team before expending any funds for purposes of the
project. The contract advisory team shall consider the model
guidelines for procurement and construction developed by the
capital project oversight advisory commission established by
S.B. 52, 87th Legislature, 3rd Called Session, 2021, when
consulting with a governing board for purposes of this subsection.
(c) Notwithstanding Section 322.020(f), Government Code, or
any other law, the governing board of an institution of higher
education or university system authorized to issue bonds for a
project to which this section applies shall report any major
contract as defined by Section 322.020(a), Government Code, that is
entered into for purposes of the project to the major contracts
database maintained by the Legislative Budget Board under Section
322.020, Government Code, not later than the 30th day after the date
the contract is executed.
SECTION 4. CAPITAL PROJECT OVERSIGHT ADVISORY COMMISSION.
(a) The Capital Project Oversight Advisory Commission is composed
of nine members as follows:
(1) the chair of the Senate Committee on Higher
Education;
(2) one member of the senate appointed by the
lieutenant governor;
(3) the chair of the House Committee on Higher
Education;
(4) one member of the house of representatives
appointed by the speaker of the house of representatives;
(5) one member of the public appointed by the
lieutenant governor;
(6) one member of the public appointed by the speaker
of the house of representatives;
(7) the chair of the Texas Facilities Commission;
(8) the commissioner of higher education; and
(9) one member of the public appointed by the governor
to serve as chair of the commission.
(b) Appointments to the commission shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
(c) The commission, in consultation with the Legislative
Budget Board and Comptroller of Public Accounts, shall develop
model guidelines to be considered by public institutions of higher
education and university systems for procurement and construction
related to capital projects for which the issuance of bonds is
specifically authorized under Chapter 55, Education Code.
(d) The commission may request reports and other
information from the Texas Higher Education Coordinating Board
relating to capital projects described by Subsection (c) of this
section.
(e) Not later than March 31, 2022, the commission shall
develop the model guidelines required by Subsection (c) of this
section.
(f) Not later than December 1, 2022, the commission shall
prepare and submit a report to the governor, lieutenant governor,
and speaker of the house of representatives on the model guidelines
developed under Subsection (c) of this section and recommendations
for legislative or other action.
(g) The commission is abolished effective December 31,
2022.
SECTION 5. This Act does not affect any authority or
restriction regarding the activities that a public institution of
higher education may conduct in connection with a facility financed
by bonds authorized by this Act.
SECTION 6. This Act takes effect on the 91st day after the
last day of the legislative session.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 52 passed the Senate on
October 15, 2021, by the following vote: Yeas 30, Nays 1;
October 18, 2021, Senate refused to concur in House amendments and
requested appointment of Conference Committee; October 18, 2021,
House granted request of the Senate; October 18, 2021, Senate
adopted Conference Committee Report by the following
vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 52 passed the House, with
amendments, on October 17, 2021, by the following vote: Yeas 131,
Nays 8, one present not voting; October 18, 2021, House granted
request of the Senate for appointment of Conference Committee;
October 18, 2021, House adopted Conference Committee Report by the
following vote: Yeas 111, Nays 4, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor