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  82R8527 KSD-D
 
  By: Morrison H.B. No. 2556
 
 
 
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.  EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
  (a)  The transfer of the governance of the University of
  Houston--Victoria under this Act does not affect the status of any
  student of the university.
         (b)  The transfer of the governance of the University of
  Houston--Victoria under this Act does not affect the employment
  status or accrued benefits of a person employed by the university
  when the transfer takes effect.
         SECTION 6.  CURRENT FUNDING. All funds that, on the
  effective date of the transfer, have been appropriated or dedicated
  to or are held for the use and benefit of 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 7.  LEGISLATIVE INTENT; ROLE OF COORDINATING BOARD.
  It is the intent of the legislature that the transfer of the
  governance of the University of Houston--Victoria from the board of
  regents of the University of Houston System to the board of regents
  of The Texas A&M University System be made without disrupting the
  students, faculty, staff, or programs of the university. If those
  boards of regents are unable to agree as to any matter relating to
  the transfer, the Texas Higher Education Coordinating Board on
  application of either board of regents shall resolve the
  disagreement consistent with the intent of this section and the
  provisions of this Act as the coordinating board determines is in
  the best interest of this state and the institutions under the
  governance of the boards of regents. The coordinating board may
  issue any orders or take any other action the coordinating board
  considers appropriate to enforce this section or to facilitate the
  transfer consistent with this Act and the intent of the
  legislature.
         SECTION 8.  AMENDMENT.  Section 55.1723(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 9.  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 10.  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 11.  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, and 55.1753, 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, or
  55.1753 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, or 55.1753, as applicable.
         (b)  The board may pledge irrevocably to the payment of those
  bonds all or any part of the revenue funds of an institution,
  branch, or entity of The Texas A&M University System, including
  student tuition charges. The amount of a pledge made under this
  subsection may not be reduced or abrogated while the bonds for which
  the pledge is made, or bonds issued to refund those bonds, are
  outstanding.
         (c)  If sufficient funds are not available to the board to
  meet its obligations under this section, the board may transfer
  funds among institutions, branches, and entities of The Texas A&M
  University System to ensure the most equitable and efficient
  allocation of available resources for each institution, branch, or
  entity to carry out its duties and purposes.
         (d)  Any portion of the proceeds of bonds authorized by this
  section for one or more specified projects that is not required for
  the specified projects may be used to renovate existing structures
  and facilities at the university.
         SECTION 12.  AMENDMENT.  Section 62.021, Education Code, is
  amended to read as follows:
         Sec. 62.021.  ALLOCATIONS. (a) In each state fiscal year
  beginning with the state fiscal year ending August 31, 2011, 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)  $3,559,433 to Midwestern State University;
               (2)  $27,846,476 to the University of North Texas;
               (3)  $8,771,265 to the University of North Texas Health
  Science Center at Fort Worth;
               (4)  $12,311,123 to The University of Texas--Pan
  American;
               (5)  $5,057,420 to The University of Texas at
  Brownsville;
               (6)  $8,425,937 to Stephen F. Austin State University;
               (7)  to the following component institutions of the
  Texas State University System:
                     (A)  $8,330,933 to Lamar University;
                     (B)  $2,332,463 to the Lamar Institute of
  Technology;
                     (C)  $1,235,752 to Lamar State College--Orange;
                     (D)  $1,244,694 to Lamar State College--Port
  Arthur;
                     (E)  $11,893,110 to Sam Houston State University;
                     (F)  $21,863,258 to Texas State University--San
  Marcos;
                     (G)  $1,625,061 to Sul Ross State University; and
                     (H)  $445,380 to Sul Ross State University-Rio
  Grande College;
               (8)  $8,894,700 to Texas Southern University;
               (9)  to the following component institutions of the
  Texas Tech University System:
                     (A)  $23,936,088 to Texas Tech University;
                     (B)  $16,973,569 to Texas Tech University Health
  Sciences Center; and
                     (C)  $3,743,027 to Angelo State University;
               (10)  $10,169,695 to Texas Woman's University;
               (11)  to the following component institutions of the
  University of Houston System:
                     (A)  $35,885,768 to the University of Houston;
                     (B)  [$2,393,921 to the University of
  Houston--Victoria;
                     [(C)]  $5,214,167 to the University of
  Houston--Clear Lake; and
                     (C) [(D)]  $7,435,238 to the University of
  Houston--Downtown;
               (12)  to the following component institutions of The
  Texas A&M University System:
                     (A)  $7,139,067 to Texas A&M University--Corpus
  Christi;
                     (B)  $3,796,436 to Texas A&M International
  University;
                     (C)  $5,046,885 to Texas A&M
  University--Kingsville;
                     (D)  $4,652,995 to West Texas A&M University;
                     (E)  $5,193,232 to Texas A&M
  University--Commerce; [and]
                     (F)  $1,307,907 to Texas A&M
  University--Texarkana; and
                     (G)  $2,393,921 to Texas A&M
  University--Victoria; and
               (13)  $5,775,000 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;
  and
                     (D)  Texas State Technical College--Waco.
         SECTION 13.  REPEALER.  The following provisions of the
  Education Code are repealed:
               (1)  Section 55.173; and
               (2)  Subchapter G, Chapter 111.
         SECTION 14.  EFFECTIVE DATE.  This Act takes effect
  September 1, 2011.