Texas 2023 - 88th Regular

Texas Senate Bill SB1055 Compare Versions

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1	1	S.B. No. 1055
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of a new university in Nacogdoches, Texas,
6	6	within The University of Texas System and the allocation of the
7	7	annual constitutional appropriation to certain agencies and
8	8	institutions of higher education; abolishing Stephen F. Austin
9	9	State University.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. AMENDMENT TO EDUCATION CODE. Subtitle C, Title
12	12	3, Education Code, is amended by adding Chapter 80 to read as
13	13	follows:
14	14	CHAPTER 80. STEPHEN F. AUSTIN STATE UNIVERSITY, A MEMBER OF THE
15	15	UNIVERSITY OF TEXAS SYSTEM
16	16	Sec. 80.01. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the board of regents of The
18	18	University of Texas System.
19	19	(2) "University" means the university established
20	20	under this chapter as Stephen F. Austin State University, a member
21	21	of The University of Texas System.
22	22	Sec. 80.02. REFERENCE TO STEPHEN F. AUSTIN STATE
23	23	UNIVERSITY. A reference in law to Stephen F. Austin State
24	24	University means Stephen F. Austin State University, a member of
25	25	The University of Texas System.
26	26	Sec. 80.03. ESTABLISHMENT; SCOPE. (a) Stephen F. Austin
27	27	State University, a member of The University of Texas System, is a
28	28	general academic teaching institution in Nacogdoches, Texas, under
29	29	the governance, management, and control of the board of regents of
30	30	The University of Texas System.
31	31	(b) As necessary to achieve the maximum operating
32	32	efficiency of the university, the board shall provide for the
33	33	organization, administration, and location of the university and of
34	34	the colleges, schools, and other institutions and entities of the
35	35	university.
36	36	(c) The authority of the board under this section to achieve
37	37	the maximum operating efficiency of the university and to provide
38	38	for the organization, administration, and location of the
39	39	university and of the colleges, schools, and other institutions and
40	40	entities of the university prevails over other law.
41	41	Sec. 80.04. COURSES AND DEGREES. (a) The board may
42	42	prescribe courses leading to customary degrees offered at leading
43	43	American universities and may award those degrees, including
44	44	bachelor's, master's, and doctoral degrees and their equivalents.
45	45	(b) The board shall award degrees in the name of the
46	46	university.
47	47	(c) A degree program may not be instituted without the prior
48	48	approval of the Texas Higher Education Coordinating Board, except
49	49	that the university may offer any degree program previously
50	50	approved for Stephen F. Austin State University or expressly
51	51	authorized by this chapter or other law.
52	52	Sec. 80.05. UNIVERSITY OF THE FIRST CLASS. The board shall
53	53	make any other rules and regulations for the operation, control,
54	54	and management of the university as may be necessary for the conduct
55	55	of the university as a university of the first class.
56	56	Sec. 80.06. FACILITIES. The board shall provide for
57	57	adequate physical facilities for use by the university.
58	58	Sec. 80.07. GIFTS AND GRANTS. The board may solicit,
59	59	accept, and administer, on terms and conditions acceptable to the
60	60	board, gifts, grants, or donations of any kind and from any source
61	61	for use by the university.
62	62	Sec. 80.08. JOINT APPOINTMENTS. The board may make joint
63	63	faculty appointments to positions in the university and to
64	64	positions in other institutions under the governance of the board.
65	65	Sec. 80.09. PARTICIPATION IN PERMANENT UNIVERSITY FUND.
66	66	The legislature finds that the university is an institution of
67	67	higher education "created at a later date" for purposes of Section
68	68	18(c), Article VII, Texas Constitution. Accordingly, the
69	69	university is entitled to participate in the funding provided by
70	70	Section 18, Article VII, Texas Constitution, to the same extent as
71	71	similar component institutions of The University of Texas System.
72	72	SECTION 2. STEPHEN F. AUSTIN STATE UNIVERSITY ABOLISHED.
73	73	(a) Stephen F. Austin State University is abolished on September
74	74	1, 2023, or on an alternate date the board of regents of The
75	75	University of Texas System determines appropriate to achieve the
76	76	maximum operating efficiency of the system. A designated alternate
77	77	date must be entered into the minutes of the board.
78	78	(b) The board of regents of The University of Texas System
79	79	shall provide to the secretary of state written notice of its action
80	80	under Subsection (a) of this section. Effective on the date the
81	81	board designates for the abolition of Stephen F. Austin State
82	82	University, Chapter 101, Education Code, is repealed.
83	83	(c) The board of regents of The University of Texas System
84	84	may not act under Subsection (a) of this section to abolish Stephen
85	85	F. Austin State University earlier than the date on which Stephen F.
86	86	Austin State University, a member of The University of Texas
87	87	System, begins operation.
88	88	(d) The board of regents of Stephen F. Austin State
89	89	University shall take all actions necessary to facilitate the
90	90	operation of Stephen F. Austin State University, a member of The
91	91	University of Texas System, and the orderly winding up of the
92	92	affairs of Stephen F. Austin State University. For that purpose,
93	93	the board of regents of Stephen F. Austin State University may
94	94	transfer management and control of Stephen F. Austin State
95	95	University to the board of regents of The University of Texas
96	96	System.
97	97	(e) On the date Stephen F. Austin State University is
98	98	abolished as provided by this Act, the terms of office of members of
99	99	the board of regents of Stephen F. Austin State University expire.
100	100	SECTION 3. UNIVERSITY CREATED; TRANSITION PROVISIONS. (a)
101	101	Stephen F. Austin State University, a member of The University of
102	102	Texas System, is created within The University of Texas System. As
103	103	provided by Chapter 80, Education Code, as added by this Act, the
104	104	board of regents of The University of Texas System shall establish
105	105	the university as a general academic teaching institution offering
106	106	the degrees authorized by that chapter.
107	107	(b) Stephen F. Austin State University, a member of The
108	108	University of Texas System, shall begin operating on a date the
109	109	board of regents of The University of Texas System determines
110	110	appropriate to achieve the maximum operating efficiency of the
111	111	system. The designated date must be entered into the minutes of the
112	112	board.
113	113	(c) In recognition of the abolition of Stephen F. Austin
114	114	State University as authorized by this Act, the board of regents of
115	115	The University of Texas System shall facilitate the employment at
116	116	Stephen F. Austin State University, a member of The University of
117	117	Texas System, of as many faculty and staff of the abolished
118	118	university as is prudent and practical, subject to the following:
119	119	(1) a person who is tenured faculty of Stephen F.
120	120	Austin State University on the date of the university's abolition
121	121	is entitled to tenure at Stephen F. Austin State University, a
122	122	member of The University of Texas System; and
123	123	(2) a person who is in a tenure-track teaching
124	124	position at Stephen F. Austin State University on the date of the
125	125	university's abolition is entitled to a tenure-track position at
126	126	Stephen F. Austin State University, a member of The University of
127	127	Texas System, and must be considered for tenure on the same schedule
128	128	governing the position at Stephen F. Austin State University.
129	129	(d) A student admitted to or enrolled at Stephen F. Austin
130	130	State University on the date of abolition is entitled to admission
131	131	to Stephen F. Austin State University, a member of The University of
132	132	Texas System, and the board of regents of The University of Texas
133	133	System shall take actions necessary to facilitate that admission
134	134	and the appropriate transfer of credits.
135	135	(e) On the date Stephen F. Austin State University is
136	136	abolished as provided by this Act, all money, property, and
137	137	facilities under the management and control of the board of regents
138	138	of Stephen F. Austin State University are transferred to the
139	139	management and control of the board of regents of The University of
140	140	Texas System for the use and benefit of Stephen F. Austin State
141	141	University, a member of The University of Texas System.
142	142	(f) On the date Stephen F. Austin State University is
143	143	abolished as provided by this Act, the board of regents of The
144	144	University of Texas System is substituted in contracts and other
145	145	obligations for the board of regents of Stephen F. Austin State
146	146	University. Contracts and written obligations of every kind and
147	147	character entered into by the board of regents of Stephen F. Austin
148	148	State University or the Texas Public Finance Authority for and on
149	149	behalf of Stephen F. Austin State University, including bonds, are
150	150	considered ratified, confirmed, and validated by the board of
151	151	regents of The University of Texas System. In those contracts and
152	152	written obligations, the board of regents of The University of
153	153	Texas System is substituted for and stands and acts in the place of
154	154	the board of regents of Stephen F. Austin State University or the
155	155	Texas Public Finance Authority, as applicable, to the extent
156	156	permitted by law. To the extent that Stephen F. Austin State
157	157	University has authorized but unissued bonding authority under
158	158	Section 55.1797, Education Code, the board of regents of The
159	159	University of Texas System may issue bonds in that amount and for
160	160	the same purposes under the systemwide revenue financing program
161	161	for the benefit of Stephen F. Austin State University, a member of
162	162	The University of Texas System.
163	163	(g) For Stephen F. Austin State University, a member of The
164	164	University of Texas System, the board of regents of The University
165	165	of Texas System may impose and collect any fee authorized by prior
166	166	law for Stephen F. Austin State University, as that law existed at
167	167	the time the university was abolished, as determined by the board
168	168	and subject to the limitations provided by the prior law
169	169	authorizing the fee. The abolition of Stephen F. Austin State
170	170	University does not affect any pledge of revenue from a fee made by
171	171	or on behalf of the university to pay obligations issued in
172	172	connection with facilities for which the fee was imposed and the
173	173	obligations were issued.
174	174	(h) A person who is a participant or is eligible to
175	175	participate in a group benefits insurance program of Stephen F.
176	176	Austin State University under Chapter 1551, Insurance Code, or who
177	177	would be eligible to participate at a future date as a retiree, on
178	178	the date Stephen F. Austin State University is abolished, as
179	179	authorized by this Act, is eligible to participate as an employee,
180	180	current retiree, or vested former employee of Stephen F. Austin
181	181	State University, a member of The University of Texas System, or as
182	182	a dependent or surviving dependent, as if all benefits-eligible
183	183	service credit had been earned in a benefits-eligible position at
184	184	Stephen F. Austin State University, a member of The University of
185	185	Texas System. A person who is eligible under this subsection for
186	186	the uniform insurance benefits under Chapter 1601, Insurance Code,
187	187	is not eligible to participate in a group benefits insurance
188	188	program under Chapter 1551, Insurance Code.
189	189	(i) The Employees Retirement System of Texas, Stephen F.
190	190	Austin State University, and The University of Texas System shall
191	191	take all actions necessary to implement Subsection (h). For that
192	192	purpose:
193	193	(1) the Employees Retirement System of Texas shall
194	194	provide to The University of Texas System the information,
195	195	including protected health information to the extent authorized by
196	196	law, necessary for payment activities and plan operations,
197	197	including health plan operations, of the uniform insurance benefits
198	198	under Chapter 1601, Insurance Code; and
199	199	(2) Stephen F. Austin State University and The
200	200	University of Texas System shall ensure that the Employees
201	201	Retirement System of Texas receives full contributions for each
202	202	month in which employees of Stephen F. Austin State University are
203	203	covered by the group benefits insurance program under Chapter 1551,
204	204	Insurance Code.
205	205	(j) An employee of Stephen F. Austin State University who is
206	206	participating in the deferred compensation plan under Subchapter C,
207	207	Chapter 609, Government Code, on the date the university is
208	208	abolished, as authorized by this Act, is considered to have
209	209	terminated employment on that date for purposes of the deferred
210	210	compensation plan.
211	211	(k) For Stephen F. Austin State University, a member of The
212	212	University of Texas System, the board of regents of The University
213	213	of Texas System shall seek the inclusion of the university
214	214	initially in the same athletic conferences, and participation in
215	215	the same National Collegiate Athletic Association division, as
216	216	Stephen F. Austin State University immediately before its
217	217	abolition.
218	218	SECTION 4. AMENDMENT. Section 59.06, Education Code, is
219	219	amended to read as follows:
220	220	Sec. 59.06. LIMITATION ON APPROPRIATED FUNDS. Funds
221	221	appropriated by the legislature to The University of Texas System,
222	222	The Texas A&M University System, the Texas Tech University System,
223	223	the Texas State University System, the University of Houston
224	224	System, [Stephen F. Austin State University,] or the University of
225	225	North Texas System from the General Revenue Fund may not be used to
226	226	establish or maintain the fund, to purchase insurance, or to employ
227	227	private legal counsel.
228	228	SECTION 5. AMENDMENT. Section 62.021(a), Education Code,
229	229	is amended to read as follows:
230	230	(a) In each state fiscal year beginning with the state
231	231	fiscal year ending August 31, 2021, an eligible institution is
232	232	entitled to receive an amount allocated in accordance with this
233	233	section from the funds appropriated for that year by Section 17(a),
234	234	Article VII, Texas Constitution. The comptroller shall distribute
235	235	funds allocated under this subsection only on presentation of a
236	236	claim and issuance of a warrant in accordance with Section 403.071,
237	237	Government Code. An eligible institution may not present a claim to
238	238	be paid from any funds allocated under this subsection before the
239	239	delivery of goods or services described in Section 17, Article VII,
240	240	Texas Constitution, except for the payment of principal or interest
241	241	on bonds or notes or for a payment for a book or other published
242	242	library material as authorized by Section 2155.386, Government
243	243	Code. The allocation of funds under this subsection is made in
244	244	accordance with an equitable formula consisting of the following
245	245	elements: space deficit, facilities condition, institutional
246	246	complexity, and a separate allocation for the Texas State Technical
247	247	College System. The annual amounts allocated by the formula are as
248	248	follows:
249	249	(1) to the following component institutions of the
250	250	University of North Texas System:
251	251	(A) $38,473,304 [$37,346,563] to the University
252	252	of North Texas;
253	253	(B) $15,581,837 [$15,125,502] to the University
254	254	of North Texas Health Science Center at Fort Worth; and
255	255	(C) $3,455,644 [$3,354,441] to the University of
256	256	North Texas at Dallas;
257	257	(2) [$11,277,793 to Stephen F. Austin State
258	258	University;
259	259	[(3)] to the following component institutions of the
260	260	Texas State University System:
261	261	(A) $13,537,649 [$13,141,181] to Lamar
262	262	University;
263	263	(B) $2,630,158 [$2,553,130] to the Lamar
264	264	Institute of Technology;
265	265	(C) $1,533,301 [$1,488,396] to Lamar State
266	266	College--Orange;
267	267	(D) $2,283,992 [$2,217,102] to Lamar State
268	268	College--Port Arthur;
269	269	(E) $18,787,013 [$18,236,811] to Sam Houston
270	270	State University;
271	271	(F) $38,741,061 [$37,606,478] to Texas State
272	272	University;
273	273	(G) $2,216,640 [$2,151,723] to Sul Ross State
274	274	University; and
275	275	(H) $487,157 [$472,890] to Sul Ross State
276	276	University-Rio Grande College;
277	277	(3) $12,072,906 [(4) $11,719,335] to Texas Southern
278	278	University;
279	279	(4) [(5)] to the following component institutions of
280	280	the Texas Tech University System:
281	281	(A) $51,379,461 [$49,874,746] to Texas Tech
282	282	University;
283	283	(B) $22,305,642 [$21,652,392] to Texas Tech
284	284	University Health Sciences Center;
285	285	(C) $6,997,943 [$6,792,999] to Angelo State
286	286	University;
287	287	(D) $5,725,243 [$5,557,572] to Texas Tech
288	288	University Health Sciences Center--El Paso; and
289	289	(E) $5,082,034 [$4,933,200] to Midwestern State
290	290	University;
291	291	(5) $14,993,229 [(6) $14,554,133] to the component
292	292	institutions of the Texas Woman's University System, allocated as
293	293	determined by the board of regents of the system;
294	294	(6) [(7)] to the following component institutions of
295	295	the University of Houston System:
296	296	(A) $56,158,685 [$54,514,004] to the University
297	297	of Houston;
298	298	(B) $3,649,703 [$3,542,817] to the University of
299	299	Houston--Victoria;
300	300	(C) $7,959,137 [$7,726,043] to the University of
301	301	Houston--Clear Lake; and
302	302	(D) $11,155,034 [$10,828,344] to the University
303	303	of Houston--Downtown;
304	304	(7) [(8)] to the following component institutions of
305	305	The Texas A&M University System:
306	306	(A) $11,825,139 [$11,478,824] to Texas A&M
307	307	University--Corpus Christi;
308	308	(B) $7,687,534 [$7,462,394] to Texas A&M
309	309	International University;
310	310	(C) $9,125,307 [$8,858,060] to Texas A&M
311	311	University--Kingsville;
312	312	(D) $7,671,155 [$7,446,495] to West Texas A&M
313	313	University;
314	314	(E) $11,459,464 [$11,123,859] to Texas A&M
315	315	University--Commerce; and
316	316	(F) $2,112,129 [$2,050,273] to Texas A&M
317	317	University--Texarkana; and
318	318	(8) [(9)] $8,662,500 to the Texas State Technical
319	319	College System Administration and the following component
320	320	campuses, but not its extension centers or programs:
321	321	(A) Texas State Technical College-Harlingen;
322	322	(B) Texas State Technical College--Marshall;
323	323	(C) Texas State Technical College--West Texas;
324	324	(D) Texas State Technical College--Waco;
325	325	(E) Texas State Technical College--Fort Bend;
326	326	and
327	327	(F) Texas State Technical College--North Texas.
328	328	SECTION 6. AMENDMENT. Section 65.02(a), Education Code, is
329	329	amended to read as follows:
330	330	(a) The University of Texas System is composed of the
331	331	following institutions and entities:
332	332	(1) The University of Texas at Arlington[, including:
333	333	[(A) The University of Texas Institute of Urban
334	334	Studies at Arlington; and
335	335	[(B) The University of Texas School of Nursing at
336	336	Arlington];
337	337	(2) The University of Texas at Austin[, including:
338	338	[(A) The University of Texas Marine Science
339	339	Institute;
340	340	[(B) The University of Texas McDonald
341	341	Observatory at Mount Locke; and
342	342	[(C) The University of Texas School of Nursing at
343	343	Austin];
344	344	(3) The University of Texas at Dallas;
345	345	(4) The University of Texas at El Paso[, including The
346	346	University of Texas School of Nursing at El Paso];
347	347	(5) The University of Texas [of the] Permian Basin;
348	348	(6) The University of Texas at San Antonio[, including
349	349	the University of Texas Institute of Texan Cultures at San
350	350	Antonio];
351	351	(7) The University of Texas Southwestern Medical
352	352	Center[, including:
353	353	[(A) The University of Texas Southwestern
354	354	Medical School at Dallas;
355	355	[(B) The University of Texas Southwestern
356	356	Graduate School of Biomedical Sciences at Dallas; and
357	357	[(C) The University of Texas Southwestern Allied
358	358	Health Sciences School at Dallas];
359	359	(8) The University of Texas Medical Branch at
360	360	Galveston[, including:
361	361	[(A) The University of Texas Medical School at
362	362	Galveston;
363	363	[(B) The University of Texas Graduate School of
364	364	Biomedical Sciences at Galveston;
365	365	[(C) The University of Texas School of Allied
366	366	Health Sciences at Galveston;
367	367	[(D) The University of Texas Marine Biomedical
368	368	Institute at Galveston;
369	369	[(E) The University of Texas Hospitals at
370	370	Galveston; and
371	371	[(F) The University of Texas School of Nursing at
372	372	Galveston];
373	373	(9) The University of Texas Health Science Center at
374	374	Houston[, including:
375	375	[(A) The University of Texas Medical School at
376	376	Houston;
377	377	[(B) The University of Texas Dental Branch at
378	378	Houston;
379	379	[(C) The University of Texas Graduate School of
380	380	Biomedical Sciences at Houston;
381	381	[(D) The University of Texas School of Health
382	382	Information Sciences at Houston;
383	383	[(E) The University of Texas School of Public
384	384	Health at Houston;
385	385	[(F) The University of Texas Speech and Hearing
386	386	Institute at Houston; and
387	387	[(G) The University of Texas School of Nursing at
388	388	Houston];
389	389	(10) The University of Texas Health Science Center at
390	390	San Antonio[, including:
391	391	[(A) The University of Texas Medical School at
392	392	San Antonio;
393	393	[(B) The University of Texas Dental School at San
394	394	Antonio;
395	395	[(C) The University of Texas Graduate School of
396	396	Biomedical Sciences at San Antonio;
397	397	[(D) The University of Texas School of Allied
398	398	Health Sciences at San Antonio; and
399	399	[(E) The University of Texas School of Nursing at
400	400	San Antonio];
401	401	(11) The University of Texas M. D. Anderson Cancer
402	402	Center[, including:
403	403	[(A) The University of Texas M. D. Anderson
404	404	Hospital;
405	405	[(B) The University of Texas M. D. Anderson Tumor
406	406	Institute; and
407	407	[(C) The University of Texas M. D. Anderson
408	408	Science Park]; [and]
409	409	(12) Stephen F. Austin State University, a member of
410	410	The University of Texas System;
411	411	(13) The University of Texas at Tyler; and
412	412	(14) The University of Texas Rio Grande Valley [The
413	413	University of Texas Health Science Center--South Texas, including
414	414	The University of Texas Medical School--South Texas, if established
415	415	under Subchapter N, Chapter 74].
416	416	SECTION 7. EFFECTIVE DATE. (a) Except as otherwise
417	417	provided by this section, this Act takes effect immediately if it
418	418	receives a vote of two-thirds of all the members elected to each
419	419	house, as provided by Section 39, Article III, Texas Constitution.
420	420	If this Act does not receive the vote necessary for immediate
421	421	effect, this Act has no effect.
422	422	(b) Section 62.021(a), Education Code, as amended by this
423	423	Act, takes effect September 1, 2023.
424	424	______________________________ ______________________________
425	425	President of the Senate Speaker of the House
426	426	I hereby certify that S.B. No. 1055 passed the Senate on
427	427	April 17, 2023, by the following vote: Yeas 31, Nays 0.
428	428	______________________________
429	429	Secretary of the Senate
430	430	I hereby certify that S.B. No. 1055 passed the House on
431	431	April 26, 2023, by the following vote: Yeas 148, Nays 0.
432	432	______________________________
433	433	Chief Clerk of the House
434	434	Approved:
435	435	______________________________
436	436	Date
437	437	______________________________
438	438	Governor