By: Louderback H.B. No. 5150
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of the University of Houston--Victoria 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. TEXAS A&M UNIVERSITY--VICTORIA
Sec. 87.881. ESTABLISHMENT; SCOPE. (a) Texas A&M
University--Victoria is a general academic teaching institution
located in the city of Victoria.
(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 of
regents has the same powers and duties concerning Texas A&M
University--Victoria as are conferred on the board by statute
concerning Texas A&M University.
Sec. 87.882. COURSES AND DEGREES; ADMINISTRATION. (a) The
university shall offer undergraduate and graduate level programs.
(b) The board of regents may prescribe courses leading to
appropriate degrees and adopt other rules necessary for the
operation and management of the university.
(c) The university is subject to the authority of the Texas
Higher Education Coordinating Board.
Sec. 87.883. GIFTS AND GRANTS. The board of regents may
solicit, accept, and administer gifts and grants for the use and
benefit of the university.
SECTION 2. TRANSFER OF GOVERNANCE OF UNIVERSITY. The
governance, control, management, and property of the University of
Houston--Victoria are transferred from the board of regents of the
University of Houston 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 the
University of Houston--Victoria and all land, buildings,
facilities, improvements, equipment, supplies, and property
belonging to and constituting the University of Houston--Victoria
under the powers and duties conferred by law on the board of
regents.
(b) Rules and policies adopted by the board of regents of
the University of Houston 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until adopted, repealed, or superseded by the board of regents of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 University of
Houston System for and on behalf of the University of
Houston--Victoria, 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 University of Houston
System to the extent permitted by law.
SECTION 5. TUITION AND FEES. The tuition and fees
authorized by the board of regents of the University of Houston
System before and transfer of governance under this Act remain in
effect until the board of regents of The Texas A&M University System
authorizes a different amount of tuition and fees for the
University of Houston-Victoria as provided by law.
SECTION 6. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
(a) All students of the University of Houston-Victoria shall
become students of Texas A&M University-Victoria on the effective
date of this Act. The transfer of the governance of the University
of Houston--Victoria under this Act does not otherwise affect the
status of any student of the university.
(b) All employees of the University of Houston-Victoria
shall become employees of Texas A&M University-Victoria on the
effective date of this Act. The transfer of the governance of the
University of Houston--Victoria under this Act does not otherwise
affect the employment status or accrued benefits of a person
employed by the university when the transfer takes effect.
SECTION 7. 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 the University of
Houston--Victoria under the governance of the board of regents of
the University of Houston System are transferred to the board of
regents of The Texas A&M University System for the use and benefit
of Texas A&M University--Victoria.
SECTION 8. AMENDMENT. The heading to Section 54.5405,
Education Code, is amended to read as follows:
Sec. 54.5405. STUDENT CENTER FEE; TEXAS A&M
UNIVERSITY--VICTORIA [UNIVERSITY OF HOUSTON-VICTORIA].
SECTION 9. AMENDMENT. Sections 54.5405(a) and (d),
Education Code, are amended to read as follows:
(a) The board of regents of The Texas A&M [the] University
[of Houston] System may impose on each student enrolled at Texas A&M
University--Victoria [the University of Houston-Victoria] a
student center fee to be used only for the purpose of financing,
constructing, operating, maintaining, improving, and equipping a
student center at the university. A fee imposed under this section
is in addition to any use or service fee authorized to be imposed
under other law.
(d) Revenue from a fee imposed under this section shall be
deposited to the credit of an account known as the "Texas A&M
University--Victoria [University of Houston-Victoria] Student
Center Fee Account" under the control of the university's student
fee advisory committee. Annually, the committee shall submit to
the president of the university its recommendation for any change
to the amount of the fee and a complete and itemized budget for the
student center together with a complete report of all student
center activities conducted during the past year and all
expenditures made in connection with those activities. The
president shall submit the budget to the board of regents as part of
the university's institutional budget. The board of regents may
make changes in the budget that the board determines are necessary.
SECTION 10. AMENDMENT. The heading to Section 54.5406,
Education Code, is amended to read as follows:
Sec. 54.5406. HEALTH AND WELLNESS CENTER FEE; TEXAS A&M
UNIVERSITY--VICTORIA [UNIVERSITY OF HOUSTON-VICTORIA].
SECTION 11. AMENDMENT. Sections 54.5406(a) and (d),
Education Code, are amended to read as follows:
(a) The board of regents of The Texas A&M [the] University
[of Houston] System may charge each student enrolled at Texas A&M
University--Victoria [the University of Houston-Victoria] a health
and wellness center fee. The fee may be used only for the purpose of
financing, constructing, operating, maintaining, improving, and
equipping a health and wellness center at Texas A&M
University--Victoria [the University of Houston-Victoria]. A fee
charged under this section is in addition to any use or service fee
authorized to be charged under other law.
(d) Revenue from a fee charged under this section shall be
deposited to the credit of an account known as the Texas A&M
University--Victoria [University of Houston-Victoria] Health and
Wellness Center Fee Account under the control of the university's
student fee advisory committee. Annually, the committee shall
submit to the president of the university its recommendation for
any change to the amount of the fee and a complete and itemized
budget for the health and wellness center together with a complete
report of all health and wellness center activities conducted
during the past year and all expenditures made in connection with
those activities. The president shall submit the budget to the
board of regents as part of the university's institutional budget.
The board of regents may make changes in the budget that the board
determines are necessary.
SECTION 12. AMENDMENT. Section 55.1723(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 University of Houston
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 an aggregate principal amount not to
exceed the following amounts:
(1) the University of Houston, $12 million; and
(2) the University of Houston--Downtown, $7.5
million[; and
[(3) the University of Houston--Victoria, $10
million].
SECTION 13. AMENDMENT. Section 55.1733(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 University of Houston
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) the University of Houston, $51 million to
construct science and engineering research and classroom
facilities;
(2) the University of Houston--Downtown, $18,232,500
to construct a classroom building; and
(3) the University of Houston--Clear Lake,
$30,918,750 to construct a student services and classroom
building[; and
[(4) the University of Houston--Victoria, $2,805,000
to remodel the University West facility, acquire and renovate a
facility services building, and renovate and expand a facility for
the center for community initiatives].
SECTION 14. AMENDMENT. Section 55.1753(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 University of Houston
System may acquire, purchase, construct, improve, renovate,
enlarge, or equip facilities, including roads and related
infrastructure, for the following institutions, 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, in aggregate principal amounts not to exceed
the following:
(1) the University of Houston, $57,600,000 for
renovation of science laboratories;
(2) the University of Houston--Clear Lake,
$10,604,808 for Arbor Building renovations and additions; and
(3) the University of Houston--Downtown, $31,626,000
for a classroom building at Shea Street[; and
[(4) the University of Houston--Victoria:
[(A) $22,900,000 for an academic building at the
University of Houston System Center at Sugar Land;
[(B) $6,719,400 for regional economic
development; and
[(C) $1,800,000 for allied health facilities].
SECTION 15. AMENDMENT. Section 55.1783(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 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 or entities, not to exceed
the following aggregate principal amounts for the projects
specified, as follows:
(1) the University of Houston:
(A) $63 million for construction of a health and
biomedical sciences center; and
(B) $54 million for construction of a new
academic building located in Sugar Land, Texas;
(2) the University of Houston--Clear Lake:
(A) $24,624,000 for construction of a health
sciences and classroom building located in Pearland, Texas; and
(B) $54 million for construction of a STEM and
classroom building;
(3) the University of Houston--Downtown, $60 million
for construction of a science and technology building;
[(4) the University of Houston--Victoria, $60 million
for academic expansion and land acquisition;] and
(4) [(5)] the University of Houston System,
$46,832,000 for land acquisition for construction of a building in
the area near Katy, Texas.
SECTION 16. AMENDMENT. Section 55.1793(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 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; and
(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].
SECTION 17. AMENDMENT. Subchapter B, Chapter 55, Education
Code, is amended by adding Section 55.17812 to read as follows:
Sec. 55.17812. TEXAS A&M UNIVERSITY--VICTORIA. (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 the University of Houston--Victoria by Sections
55.1723, 55.173, 55.1733, 55.1753, 55.1783, and 55.1793, 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 55.1723, 55.173,
55.1733, 55.1753, 55.1783, or 55.1793 may be used only at Texas A&M
University--Victoria for the purposes for which the bonds for the
University of Houston--Victoria were authorized to be issued under
Section 55.1723, 55.173, 55.1733, 55.1753, 55.1783, or 55.1793, 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 18. 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) to the following component institutions of the
University of North Texas System:
(A) $38,473,304 to the University of North Texas;
(B) $15,581,837 to the University of North Texas
Health Science Center at Fort Worth; and
(C) $3,455,644 to the University of North Texas
at Dallas;
(2) to the following component institutions of the
Texas State University System:
(A) $13,537,649 to Lamar University;
(B) $2,630,158 to the Lamar Institute of
Technology;
(C) $1,533,301 to Lamar State College--Orange;
(D) $2,283,992 to Lamar State College--Port
Arthur;
(E) $18,787,013 to Sam Houston State University;
(F) $38,741,061 to Texas State University;
(G) $2,216,640 to Sul Ross State University; and
(H) $487,157 to Sul Ross State University-Rio
Grande College;
(3) $12,072,906 to Texas Southern University;
(4) to the following component institutions of the
Texas Tech University System:
(A) $51,379,461 to Texas Tech University;
(B) $22,305,642 to Texas Tech University Health
Sciences Center;
(C) $6,997,943 to Angelo State University;
(D) $5,725,243 to Texas Tech University Health
Sciences Center--El Paso; and
(E) $5,082,034 to Midwestern State University;
(5) $14,993,229 to the component institutions of the
Texas Woman's University System, allocated as determined by the
board of regents of the system;
(6) to the following component institutions of the
University of Houston System:
(A) $56,158,685 to the University of Houston;
(B) [$3,649,703 to the University of
Houston--Victoria;
[(C)] $7,959,137 to the University of
Houston--Clear Lake; and
(C) [(D)] $11,155,034 to the University of
Houston--Downtown;
(7) to the following component institutions of The
Texas A&M University System:
(A) $11,825,139 to Texas A&M University--Corpus
Christi;
(B) $7,687,534 to Texas A&M International
University;
(C) $9,125,307 to Texas A&M
University--Kingsville;
(D) $7,671,155 to West Texas A&M University;
(E) $11,459,464 to Texas A&M
University--Commerce; [and]
(F) $2,112,129 to Texas A&M
University--Texarkana; and
(G) $3,649,703 to Texas A&M
University--Victoria; and
(8) $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 19. TRANSITION. Not later than June 1, 2025, the
University of Houston System and The Texas A&M University System
shall enter into a memorandum of understanding relating to the
transfer of the administration of the University of
Houston-Victoria to The Texas A&M University System. The
memorandum of understanding must include a timetable and specific
steps and methods for the transfer on September 1, 2025 of all
powers, duties, obligations, rights, contracts, leases, records,
real or personal property and unspent and unobligated
appropriations and other funds relating to the transfer of the
University of Houston-Victoria to The Texas A&M University System.
SECTION 20. REPEALER. The following provisions of the
Education Code are repealed:
(1) Section 55.173; and
(2) Subchapter G, Chapter 111.
SECTION 21. EFFECTIVE DATE. This Act takes effect
September 1, 2025.