Texas 2023 - 88th Regular

Texas House Bill HB2639 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R19879 CXP-F
2	2	By: Clardy, Kuempel, Ashby, Cook, Isaac H.B. No. 2639
3	3	Substitute the following for H.B. No. 2639:
4	4	By: Kuempel C.S.H.B. No. 2639
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of a new university in Nacogdoches, Texas,
10	10	within The University of Texas System and the allocation of the
11	11	annual constitutional appropriation to certain agencies and
12	12	institutions of higher education; abolishing Stephen F. Austin
13	13	State University.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. AMENDMENT TO EDUCATION CODE. Subtitle C, Title
16	16	3, Education Code, is amended by adding Chapter 80 to read as
17	17	follows:
18	18	CHAPTER 80. STEPHEN F. AUSTIN STATE UNIVERSITY, A MEMBER OF THE
19	19	UNIVERSITY OF TEXAS SYSTEM
20	20	Sec. 80.01. DEFINITIONS. In this chapter:
21	21	(1) "Board" means the board of regents of The
22	22	University of Texas System.
23	23	(2) "University" means the university established
24	24	under this chapter as Stephen F. Austin State University, a member
25	25	of The University of Texas System.
26	26	Sec. 80.02. REFERENCE TO STEPHEN F. AUSTIN STATE
27	27	UNIVERSITY. A reference in law to Stephen F. Austin State
28	28	University means Stephen F. Austin State University, a member of
29	29	The University of Texas System.
30	30	Sec. 80.03. ESTABLISHMENT; SCOPE. (a) Stephen F. Austin
31	31	State University, a member of The University of Texas System, is a
32	32	general academic teaching institution in Nacogdoches, Texas, under
33	33	the governance, management, and control of the board of regents of
34	34	The University of Texas System.
35	35	(b) As necessary to achieve the maximum operating
36	36	efficiency of the university, the board shall provide for the
37	37	organization, administration, and location of the university and of
38	38	the colleges, schools, and other institutions and entities of the
39	39	university.
40	40	(c) The authority of the board under this section to achieve
41	41	the maximum operating efficiency of the university and to provide
42	42	for the organization, administration, and location of the
43	43	university and of the colleges, schools, and other institutions and
44	44	entities of the university prevails over other law.
45	45	Sec. 80.04. COURSES AND DEGREES. (a) The board may
46	46	prescribe courses leading to customary degrees offered at leading
47	47	American universities and may award those degrees, including
48	48	bachelor's, master's, and doctoral degrees and their equivalents.
49	49	(b) The board shall award degrees in the name of the
50	50	university.
51	51	(c) A degree program may not be instituted without the prior
52	52	approval of the Texas Higher Education Coordinating Board, except
53	53	that the university may offer any degree program previously
54	54	approved for Stephen F. Austin State University or expressly
55	55	authorized by this chapter or other law.
56	56	Sec. 80.05. UNIVERSITY OF THE FIRST CLASS. The board shall
57	57	make any other rules and regulations for the operation, control,
58	58	and management of the university as may be necessary for the conduct
59	59	of the university as a university of the first class.
60	60	Sec. 80.06. FACILITIES. The board shall provide for
61	61	adequate physical facilities for use by the university.
62	62	Sec. 80.07. GIFTS AND GRANTS. The board may solicit,
63	63	accept, and administer, on terms and conditions acceptable to the
64	64	board, gifts, grants, or donations of any kind and from any source
65	65	for use by the university.
66	66	Sec. 80.08. JOINT APPOINTMENTS. The board may make joint
67	67	faculty appointments to positions in the university and to
68	68	positions in other institutions under the governance of the board.
69	69	Sec. 80.09. PARTICIPATION IN PERMANENT UNIVERSITY FUND.
70	70	The legislature finds that the university is an institution of
71	71	higher education "created at a later date" for purposes of Section
72	72	18(c), Article VII, Texas Constitution. Accordingly, the
73	73	university is entitled to participate in the funding provided by
74	74	Section 18, Article VII, Texas Constitution, to the same extent as
75	75	similar component institutions of The University of Texas System.
76	76	SECTION 2. STEPHEN F. AUSTIN STATE UNIVERSITY ABOLISHED.
77	77	(a) Stephen F. Austin State University is abolished on a date the
78	78	board of regents of The University of Texas System determines
79	79	appropriate to achieve the maximum operating efficiency of the
80	80	system. The designated date must be entered into the minutes of the
81	81	board.
82	82	(b) The board of regents of The University of Texas System
83	83	shall provide to the secretary of state written notice of its action
84	84	under Subsection (a) of this section. Effective on the date the
85	85	board designates for the abolition of Stephen F. Austin State
86	86	University, Chapter 101, Education Code, is repealed.
87	87	(c) The board of regents of The University of Texas System
88	88	may not act under Subsection (a) of this section to abolish Stephen
89	89	F. Austin State University earlier than the date on which Stephen F.
90	90	Austin State University, a member of The University of Texas
91	91	System, begins operation.
92	92	(d) The board of regents of Stephen F. Austin State
93	93	University shall take all actions necessary to facilitate the
94	94	operation of Stephen F. Austin State University, a member of The
95	95	University of Texas System, and the orderly winding up of the
96	96	affairs of Stephen F. Austin State University. For that purpose,
97	97	the board of regents of Stephen F. Austin State University may
98	98	transfer management and control of Stephen F. Austin State
99	99	University to the board of regents of The University of Texas
100	100	System.
101	101	(e) On the date Stephen F. Austin State University is
102	102	abolished as provided by this Act, the terms of office of members of
103	103	the board of regents of Stephen F. Austin State University expire.
104	104	SECTION 3. UNIVERSITY CREATED; TRANSITION PROVISIONS. (a)
105	105	Stephen F. Austin State University, a member of The University of
106	106	Texas System, is created within The University of Texas System. As
107	107	provided by Chapter 80, Education Code, as added by this Act, the
108	108	board of regents of The University of Texas System shall establish
109	109	the university as a general academic teaching institution offering
110	110	the degrees authorized by that chapter.
111	111	(b) Stephen F. Austin State University, a member of The
112	112	University of Texas System, shall begin operating on a date the
113	113	board of regents of The University of Texas System determines
114	114	appropriate to achieve the maximum operating efficiency of the
115	115	system. The designated date must be entered into the minutes of the
116	116	board.
117	117	(c) In recognition of the abolition of Stephen F. Austin
118	118	State University as authorized by this Act, the board of regents of
119	119	The University of Texas System shall facilitate the employment at
120	120	Stephen F. Austin State University, a member of The University of
121	121	Texas System, of as many faculty and staff of the abolished
122	122	university as is prudent and practical, subject to the following:
123	123	(1) a person who is tenured faculty of Stephen F.
124	124	Austin State University on the date of the university's abolition
125	125	is entitled to tenure at Stephen F. Austin State University, a
126	126	member of The University of Texas System; and
127	127	(2) a person who is in a tenure-track teaching
128	128	position at Stephen F. Austin State University on the date of the
129	129	university's abolition is entitled to a tenure-track position at
130	130	Stephen F. Austin State University, a member of The University of
131	131	Texas System, and must be considered for tenure on the same schedule
132	132	governing the position at Stephen F. Austin State University.
133	133	(d) A student admitted to or enrolled at Stephen F. Austin
134	134	State University on the date of abolition is entitled to admission
135	135	to Stephen F. Austin State University, a member of The University of
136	136	Texas System, and the board of regents of The University of Texas
137	137	System shall take actions necessary to facilitate that admission
138	138	and the appropriate transfer of credits.
139	139	(e) On the date Stephen F. Austin State University is
140	140	abolished as provided by this Act, all money, property, and
141	141	facilities under the management and control of the board of regents
142	142	of Stephen F. Austin State University are transferred to the
143	143	management and control of the board of regents of The University of
144	144	Texas System for the use and benefit of Stephen F. Austin State
145	145	University, a member of The University of Texas System.
146	146	(f) On the date Stephen F. Austin State University is
147	147	abolished as provided by this Act, the board of regents of The
148	148	University of Texas System is substituted in contracts and other
149	149	obligations for the board of regents of Stephen F. Austin State
150	150	University. Contracts and written obligations of every kind and
151	151	character entered into by the board of regents of Stephen F. Austin
152	152	State University or the Texas Public Finance Authority for and on
153	153	behalf of Stephen F. Austin State University, including bonds, are
154	154	considered ratified, confirmed, and validated by the board of
155	155	regents of The University of Texas System. In those contracts and
156	156	written obligations, the board of regents of The University of
157	157	Texas System is substituted for and stands and acts in the place of
158	158	the board of regents of Stephen F. Austin State University or the
159	159	Texas Public Finance Authority, as applicable, to the extent
160	160	permitted by law. To the extent that Stephen F. Austin State
161	161	University has authorized but unissued bonding authority under
162	162	Section 55.1797, Education Code, the board of regents of The
163	163	University of Texas System may issue bonds in that amount and for
164	164	the same purposes under the systemwide revenue financing program
165	165	for the benefit of Stephen F. Austin State University, a member of
166	166	The University of Texas System.
167	167	(g) For Stephen F. Austin State University, a member of The
168	168	University of Texas System, the board of regents of The University
169	169	of Texas System may impose and collect any fee authorized by prior
170	170	law for Stephen F. Austin State University, as that law existed at
171	171	the time the university was abolished, as determined by the board
172	172	and subject to the limitations provided by the prior law
173	173	authorizing the fee. The abolition of Stephen F. Austin State
174	174	University does not affect any pledge of revenue from a fee made by
175	175	or on behalf of the university to pay obligations issued in
176	176	connection with facilities for which the fee was imposed and the
177	177	obligations were issued.
178	178	(h) A person who is a participant in a group benefits
179	179	insurance program of Stephen F. Austin State University under
180	180	Chapter 1551, Insurance Code, or who would be eligible to
181	181	participate in that program at a future date as a retiree, is
182	182	eligible to participate in the uniform benefits insurance program
183	183	of The University of Texas System under Chapter 1601, Insurance
184	184	Code, as an employee, current retiree, or vested former employee of
185	185	Stephen F. Austin State University, a member of The University of
186	186	Texas System, or as a dependent or surviving dependent, as if all
187	187	benefits-eligible service credit had been earned in a
188	188	benefits-eligible position at Stephen F. Austin State University, a
189	189	member of The University of Texas System. On behalf of those
190	190	participants under Chapter 1551, Insurance Code, who become
191	191	participants under Chapter 1601, Insurance Code, the Employees
192	192	Retirement System of Texas shall transfer to The University of
193	193	Texas System a lump sum actuarially determined to preserve existing
194	194	equities within the respective insurance programs. The systems
195	195	shall agree on the amount and the date of the transfer.
196	196	(i) For Stephen F. Austin State University, a member of The
197	197	University of Texas System, the board of regents of The University
198	198	of Texas System shall seek the inclusion of the university
199	199	initially in the same athletic conferences, and participation in
200	200	the same National Collegiate Athletic Association division, as
201	201	Stephen F. Austin State University immediately before its
202	202	abolition.
203	203	SECTION 4. AMENDMENT. Section 59.06, Education Code, is
204	204	amended to read as follows:
205	205	Sec. 59.06. LIMITATION ON APPROPRIATED FUNDS. Funds
206	206	appropriated by the legislature to The University of Texas System,
207	207	The Texas A&M University System, the Texas Tech University System,
208	208	the Texas State University System, the University of Houston
209	209	System, [Stephen F. Austin State University,] or the University of
210	210	North Texas System from the General Revenue Fund may not be used to
211	211	establish or maintain the fund, to purchase insurance, or to employ
212	212	private legal counsel.
213	213	SECTION 5. AMENDMENT. Section 62.021(a), Education Code,
214	214	is amended to read as follows:
215	215	(a) In each state fiscal year beginning with the state
216	216	fiscal year ending August 31, 2021, an eligible institution is
217	217	entitled to receive an amount allocated in accordance with this
218	218	section from the funds appropriated for that year by Section 17(a),
219	219	Article VII, Texas Constitution. The comptroller shall distribute
220	220	funds allocated under this subsection only on presentation of a
221	221	claim and issuance of a warrant in accordance with Section 403.071,
222	222	Government Code. An eligible institution may not present a claim to
223	223	be paid from any funds allocated under this subsection before the
224	224	delivery of goods or services described in Section 17, Article VII,
225	225	Texas Constitution, except for the payment of principal or interest
226	226	on bonds or notes or for a payment for a book or other published
227	227	library material as authorized by Section 2155.386, Government
228	228	Code. The allocation of funds under this subsection is made in
229	229	accordance with an equitable formula consisting of the following
230	230	elements: space deficit, facilities condition, institutional
231	231	complexity, and a separate allocation for the Texas State Technical
232	232	College System. The annual amounts allocated by the formula are as
233	233	follows:
234	234	(1) to the following component institutions of the
235	235	University of North Texas System:
236	236	(A) $38,473,304 [$37,346,563] to the University
237	237	of North Texas;
238	238	(B) $15,581,837 [$15,125,502] to the University
239	239	of North Texas Health Science Center at Fort Worth; and
240	240	(C) $3,455,644 [$3,354,441] to the University of
241	241	North Texas at Dallas;
242	242	(2) [$11,277,793 to Stephen F. Austin State
243	243	University;
244	244	[(3)] to the following component institutions of the
245	245	Texas State University System:
246	246	(A) $13,537,649 [$13,141,181] to Lamar
247	247	University;
248	248	(B) $2,630,158 [$2,553,130] to the Lamar
249	249	Institute of Technology;
250	250	(C) $1,533,301 [$1,488,396] to Lamar State
251	251	College--Orange;
252	252	(D) $2,283,992 [$2,217,102] to Lamar State
253	253	College--Port Arthur;
254	254	(E) $18,787,013 [$18,236,811] to Sam Houston
255	255	State University;
256	256	(F) $38,741,061 [$37,606,478] to Texas State
257	257	University;
258	258	(G) $2,216,640 [$2,151,723] to Sul Ross State
259	259	University; and
260	260	(H) $487,157 [$472,890] to Sul Ross State
261	261	University-Rio Grande College;
262	262	(3) $12,072,906 [(4) $11,719,335] to Texas Southern
263	263	University;
264	264	(4) [(5)] to the following component institutions of
265	265	the Texas Tech University System:
266	266	(A) $51,379,461 [$49,874,746] to Texas Tech
267	267	University;
268	268	(B) $22,305,642 [$21,652,392] to Texas Tech
269	269	University Health Sciences Center;
270	270	(C) $6,997,943 [$6,792,999] to Angelo State
271	271	University;
272	272	(D) $5,725,243 [$5,557,572] to Texas Tech
273	273	University Health Sciences Center--El Paso; and
274	274	(E) $5,082,034 [$4,933,200] to Midwestern State
275	275	University;
276	276	(5) $14,993,229 [(6) $14,554,133] to the component
277	277	institutions of the Texas Woman's University System, allocated as
278	278	determined by the board of regents of the system;
279	279	(6) [(7)] to the following component institutions of
280	280	the University of Houston System:
281	281	(A) $56,158,685 [$54,514,004] to the University
282	282	of Houston;
283	283	(B) $3,649,703 [$3,542,817] to the University of
284	284	Houston--Victoria;
285	285	(C) $7,959,137 [$7,726,043] to the University of
286	286	Houston--Clear Lake; and
287	287	(D) $11,155,034 [$10,828,344] to the University
288	288	of Houston--Downtown;
289	289	(7) [(8)] to the following component institutions of
290	290	The Texas A&M University System:
291	291	(A) $11,825,139 [$11,478,824] to Texas A&M
292	292	University--Corpus Christi;
293	293	(B) $7,687,534 [$7,462,394] to Texas A&M
294	294	International University;
295	295	(C) $9,125,307 [$8,858,060] to Texas A&M
296	296	University--Kingsville;
297	297	(D) $7,671,155 [$7,446,495] to West Texas A&M
298	298	University;
299	299	(E) $11,459,464 [$11,123,859] to Texas A&M
300	300	University--Commerce; and
301	301	(F) $2,112,129 [$2,050,273] to Texas A&M
302	302	University--Texarkana; and
303	303	(8) [(9)] $8,662,500 to the Texas State Technical
304	304	College System Administration and the following component
305	305	campuses, but not its extension centers or programs:
306	306	(A) Texas State Technical College-Harlingen;
307	307	(B) Texas State Technical College--Marshall;
308	308	(C) Texas State Technical College--West Texas;
309	309	(D) Texas State Technical College--Waco;
310	310	(E) Texas State Technical College--Fort Bend;
311	311	and
312	312	(F) Texas State Technical College--North Texas.
313	313	SECTION 6. AMENDMENT. Section 65.02(a), Education Code, is
314	314	amended to read as follows:
315	315	(a) The University of Texas System is composed of the
316	316	following institutions and entities:
317	317	(1) The University of Texas at Arlington[, including:
318	318	[(A) The University of Texas Institute of Urban
319	319	Studies at Arlington; and
320	320	[(B) The University of Texas School of Nursing at
321	321	Arlington];
322	322	(2) The University of Texas at Austin[, including:
323	323	[(A) The University of Texas Marine Science
324	324	Institute;
325	325	[(B) The University of Texas McDonald
326	326	Observatory at Mount Locke; and
327	327	[(C) The University of Texas School of Nursing at
328	328	Austin];
329	329	(3) The University of Texas at Dallas;
330	330	(4) The University of Texas at El Paso[, including The
331	331	University of Texas School of Nursing at El Paso];
332	332	(5) The University of Texas [of the] Permian Basin;
333	333	(6) The University of Texas at San Antonio[, including
334	334	the University of Texas Institute of Texan Cultures at San
335	335	Antonio];
336	336	(7) The University of Texas Southwestern Medical
337	337	Center[, including:
338	338	[(A) The University of Texas Southwestern
339	339	Medical School at Dallas;
340	340	[(B) The University of Texas Southwestern
341	341	Graduate School of Biomedical Sciences at Dallas; and
342	342	[(C) The University of Texas Southwestern Allied
343	343	Health Sciences School at Dallas];
344	344	(8) The University of Texas Medical Branch at
345	345	Galveston[, including:
346	346	[(A) The University of Texas Medical School at
347	347	Galveston;
348	348	[(B) The University of Texas Graduate School of
349	349	Biomedical Sciences at Galveston;
350	350	[(C) The University of Texas School of Allied
351	351	Health Sciences at Galveston;
352	352	[(D) The University of Texas Marine Biomedical
353	353	Institute at Galveston;
354	354	[(E) The University of Texas Hospitals at
355	355	Galveston; and
356	356	[(F) The University of Texas School of Nursing at
357	357	Galveston];
358	358	(9) The University of Texas Health Science Center at
359	359	Houston[, including:
360	360	[(A) The University of Texas Medical School at
361	361	Houston;
362	362	[(B) The University of Texas Dental Branch at
363	363	Houston;
364	364	[(C) The University of Texas Graduate School of
365	365	Biomedical Sciences at Houston;
366	366	[(D) The University of Texas School of Health
367	367	Information Sciences at Houston;
368	368	[(E) The University of Texas School of Public
369	369	Health at Houston;
370	370	[(F) The University of Texas Speech and Hearing
371	371	Institute at Houston; and
372	372	[(G) The University of Texas School of Nursing at
373	373	Houston];
374	374	(10) The University of Texas Health Science Center at
375	375	San Antonio[, including:
376	376	[(A) The University of Texas Medical School at
377	377	San Antonio;
378	378	[(B) The University of Texas Dental School at San
379	379	Antonio;
380	380	[(C) The University of Texas Graduate School of
381	381	Biomedical Sciences at San Antonio;
382	382	[(D) The University of Texas School of Allied
383	383	Health Sciences at San Antonio; and
384	384	[(E) The University of Texas School of Nursing at
385	385	San Antonio];
386	386	(11) The University of Texas M. D. Anderson Cancer
387	387	Center[, including:
388	388	[(A) The University of Texas M. D. Anderson
389	389	Hospital;
390	390	[(B) The University of Texas M. D. Anderson Tumor
391	391	Institute; and
392	392	[(C) The University of Texas M. D. Anderson
393	393	Science Park]; [and]
394	394	(12) Stephen F. Austin State University, a member of
395	395	The University of Texas System;
396	396	(13) The University of Texas at Tyler; and
397	397	(14) The University of Texas Rio Grande Valley [The
398	398	University of Texas Health Science Center--South Texas, including
399	399	The University of Texas Medical School--South Texas, if established
400	400	under Subchapter N, Chapter 74].
401	401	SECTION 7. EFFECTIVE DATE. (a) Except as otherwise
402	402	provided by this section, this Act takes effect immediately if it
403	403	receives a vote of two-thirds of all the members elected to each
404	404	house, as provided by Section 39, Article III, Texas Constitution.
405	405	If this Act does not receive the vote necessary for immediate
406	406	effect, this Act has no effect.
407	407	(b) Section 62.021(a), Education Code, as amended by this
408	408	Act, takes effect September 1, 2023.