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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of Midwestern State University to the |
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Texas Tech University System, to certain fees charged by that |
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system's governing board, and to mandatory venue for actions |
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brought against that system or its institutions, officers, or |
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employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. AMENDMENT. Chapter 109, Education Code, is |
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amended by adding Subchapter E to read as follows: |
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SUBCHAPTER E. MIDWESTERN STATE UNIVERSITY |
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Sec. 109.201. ESTABLISHMENT; SCOPE. (a) Midwestern State |
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University is a general academic teaching institution located in |
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the city of Wichita Falls. |
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(b) The university is a component institution of the Texas |
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Tech University System and is under the management and control of |
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the board of regents of the Texas Tech University System. The board |
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of regents has the same powers and duties concerning Midwestern |
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State University as are conferred on the board by statute |
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concerning Texas Tech University. |
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Sec. 109.202. COURSES AND DEGREES; ADMINISTRATION. (a) The |
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university shall offer undergraduate-level and graduate-level |
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programs. |
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(b) The board of regents may approve degree programs, |
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subject to the approval of the Texas Higher Education Coordinating |
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Board, and adopt other rules necessary for the operation and |
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management of the university. |
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(c) The university is subject to the authority of the Texas |
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Higher Education Coordinating Board. |
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Sec. 109.203. UNIVERSITY OF FIRST RANK. The board of |
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regents shall build and operate the university as a public liberal |
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arts university of the first rank to offer the university's |
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students, consistent with the university's mission, preparation |
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for excellence in a variety of careers and exploration of a variety |
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of interests. The university shall be equipped as necessary to do |
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its work as well as comparable public institutions of higher |
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education in this state. |
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Sec. 109.204. UNIVERSITY MUSEUM. The Texas Higher |
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Education Coordinating Board shall include in the funding formula |
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applicable to the university funding for the operation and |
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maintenance of the museum acquired by the university in accordance |
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with former Section 103.11. |
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Sec. 109.205. GIFTS AND GRANTS. The board of regents may |
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solicit, accept, and administer gifts and grants for the use and |
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benefit of the university. |
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SECTION 2. TRANSFER OF GOVERNANCE OF UNIVERSITY; ABOLITION |
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OF BOARD OF REGENTS. The governance, control, management, and |
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property of Midwestern State University are transferred from the |
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board of regents of Midwestern State University to the board of |
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regents of the Texas Tech University System. The transfer is |
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governed by Sections 3 through 8 of this Act. Following the |
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transfer, the board of regents of Midwestern State University is |
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abolished. |
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SECTION 3. POWERS AND DUTIES; RULES AND POLICIES. (a) When |
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the transfer takes effect, the board of regents of the Texas Tech |
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University System shall govern, operate, manage, and control |
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Midwestern State University and all land, buildings, facilities, |
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improvements, equipment, supplies, and property belonging to and |
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constituting Midwestern State University under the powers and |
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duties conferred by law on the board of regents. |
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(b) Midwestern State University may continue to award |
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degrees in the same disciplines and of the same academic standing |
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after the transfer authorized by this Act as those in which degrees |
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were awarded by the university before this Act, subject to the |
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authority of the Texas Higher Education Coordinating Board |
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regarding existing degree programs. |
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(c) Rules and policies adopted by the board of regents of |
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Midwestern State University to govern the university that are in |
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effect when the transfer takes effect are continued in effect until |
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adopted, repealed, or superseded by the board of regents of the |
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Texas Tech University System. The board of regents of the Texas |
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Tech University System may adopt rules and policies applicable to |
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the university in anticipation of the transfer authorized by this |
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Act. |
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SECTION 4. CONTRACTS AND WRITTEN OBLIGATIONS, INCLUDING |
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BONDS. Contracts and written obligations of every kind and |
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character entered into by the board of regents of Midwestern State |
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University or the Texas Public Finance Authority for and on behalf |
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of Midwestern State University, including bonds, are considered |
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ratified, confirmed, and validated by the board of regents of the |
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Texas Tech University System on the effective date of the transfer. |
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In those contracts and written obligations, the board of regents of |
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the Texas Tech University System is substituted for and stands and |
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acts in the place of the board of regents of Midwestern State |
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University or the Texas Public Finance Authority, as applicable, to |
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the extent permitted by law. |
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SECTION 5. TUITION AND FEES. The tuition and fees |
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authorized by the board of regents of Midwestern State University |
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before the transfer of governance under this Act remain in effect |
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until the board of regents of the Texas Tech University System |
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authorizes a different amount of tuition and fees for the |
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university as provided by law. |
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SECTION 6. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES. |
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(a) The transfer of the governance of Midwestern State University |
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under this Act does not affect the status of any student of the |
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university enrolled at the university when the transfer takes |
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effect. |
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(b) The transfer of the governance of Midwestern State |
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University under this Act does not affect the employment status or |
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accrued benefits of any person employed by the university when the |
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transfer takes effect. |
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SECTION 7. CURRENT FUNDING. All funds that, on the |
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effective date of the transfer, have been appropriated or dedicated |
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to or are held for the use and benefit of Midwestern State |
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University under the governance of the board of regents of the |
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university are transferred to the board of regents of the Texas Tech |
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University System for the use and benefit of the university. Other |
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funds held for the use and benefit of Midwestern State University |
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shall continue to be available for the use and benefit of the |
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university notwithstanding the change in governance made by this |
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Act. |
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SECTION 8. LEGISLATIVE INTENT; ROLE OF COORDINATING BOARD. |
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It is the intent of the legislature that the transfer of the |
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governance of Midwestern State University from the board of regents |
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of the university to the board of regents of the Texas Tech |
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University System be made without disrupting the students, faculty, |
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staff, or programs of the university. If those boards of regents |
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are unable to agree as to any matter relating to the transfer, the |
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Texas Higher Education Coordinating Board on application of either |
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board of regents shall resolve the disagreement consistent with the |
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intent of this section and the provisions of this Act as the |
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coordinating board determines is in the best interest of this state |
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and the institutions under the governance of the boards of regents. |
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The coordinating board may issue any orders or take any other action |
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the coordinating board considers appropriate to enforce this |
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section or to facilitate the transfer consistent with this Act and |
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the intent of the legislature. |
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SECTION 9. AMENDMENT. Section 54.508(a), Education Code, |
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is amended to read as follows: |
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(a) The board of regents of the Texas Tech University System |
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may charge each student registered at a component institution of |
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the Texas Tech University System a medical services fee not to |
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exceed $100 for each semester or [of the regular] term [or 12-week |
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summer session and not to exceed $50 for each six-week or shorter |
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term of the summer session]. |
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SECTION 10. AMENDMENT. Section 54.509, Education Code, is |
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amended by amending Subsections (a) and (b) and adding Subsections |
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(a-1) and (e) to read as follows: |
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(a) Except as provided by Subsection (a-1) and if [If] |
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approved by student vote, the board of regents of the Texas Tech |
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University System may charge each student enrolled at a component |
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institution of the Texas Tech University System a recreation fee |
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not to exceed $100 per semester or $50 per six-week summer term to |
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be used to purchase equipment for and to finance, construct, |
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operate, renovate, and maintain the student recreation facilities |
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and programs at the institution. |
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(a-1) The amount of a fee charged under Subsection (a) to |
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students enrolled at Midwestern State University may not exceed |
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$130 per semester or summer term of longer than six weeks or $65 per |
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summer term of six weeks or less. |
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(b) The fee may not be increased by more than 10 percent from |
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one academic year to the next unless the increase is approved by: |
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(1) a majority of students voting on the issue in a |
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general student election called for that purpose; or |
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(2) a majority vote of the student government at the |
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institution. |
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(e) The board of regents may pledge the fees imposed under |
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this section to pay obligations issued for authorized purposes |
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pursuant to the revenue financing system of the Texas Tech |
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University System. |
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SECTION 11. AMENDMENT. Section 55.13(c), Education Code, |
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is amended to read as follows: |
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(c) Notwithstanding any other provision of this section, |
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with respect to all bonds authorized to be issued by [Midwestern |
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State University or] Texas Southern University, the Texas Public |
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Finance Authority shall exercise the authority of a board to issue |
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bonds on behalf of that university [those institutions], in the |
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manner provided by this subchapter, including the authority to |
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issue refunding bonds under Section 55.19. In connection with the |
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issuance of bonds under this chapter, the Texas Public Finance |
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Authority has all the rights and duties granted or assigned to and |
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is subject to the same conditions as a board under this chapter. |
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SECTION 12. AMENDMENT. Subchapter B, Chapter 55, Education |
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Code, is amended by adding Section 55.17893 to read as follows: |
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Sec. 55.17893. MIDWESTERN STATE UNIVERSITY. (a) In |
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addition to the other authority granted by this subchapter, the |
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board of regents of the Texas Tech University System may issue bonds |
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in accordance with this subchapter and in accordance with a |
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systemwide revenue financing program adopted by the board in the |
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aggregate principal amounts not to exceed the amounts previously |
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authorized for Midwestern State University by Sections 55.1727, |
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55.1737, 55.1757, and 55.1787, as those sections existed |
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immediately before this section took effect, less any portion of |
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those amounts for which bonds were issued under those sections for |
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the university before the date this section took effect. Subject to |
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Subsection (d), bonds issued under this section for an amount |
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previously authorized by Section 55.1727, 55.1737, 55.1757, or |
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55.1787 may be used only at Midwestern State University for the |
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purposes for which the bonds were authorized to be issued for the |
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university under Section 55.1727, 55.1737, 55.1757, or 55.1787, as |
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applicable. |
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(b) The board of regents of the Texas Tech University System |
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may pledge irrevocably to the payment of those bonds all or any part |
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of the revenue funds of an institution, branch, or entity of the |
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Texas Tech University System. The amount of a pledge made under |
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this subsection may not be reduced or abrogated while the bonds for |
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which the pledge is made, or bonds issued to refund those bonds, are |
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outstanding. |
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(c) If sufficient funds are not available to the board of |
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regents of the Texas Tech University System to meet its obligations |
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under this section, the board may transfer funds among |
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institutions, branches, and entities of the Texas Tech University |
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System to ensure the most equitable and efficient allocation of |
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available resources for each institution, branch, or entity to |
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carry out its duties and purposes. |
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(d) Any portion of the proceeds of bonds authorized by this |
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section for one or more specified projects that is not required for |
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the specified projects may be used to renovate existing structures |
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and facilities at the university. |
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(e) The board of regents of the Texas Tech University System |
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may issue refunding bonds under Chapter 1207, Government Code, to |
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refund all or any part of the outstanding bonds, notes, or other |
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general or special obligations issued by or for the benefit of |
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Midwestern State University, including obligations previously |
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issued by the Texas Public Finance Authority. For purposes of |
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Chapter 1207, Government Code, and in connection with the issuance |
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of any refunding bonds under that chapter, the board of regents of |
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the Texas Tech University System shall be considered the issuer of |
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the outstanding bonds, notes, or obligations of Midwestern State |
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University which are being refunded. |
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SECTION 13. AMENDMENT. Section 62.021(a), Education Code, |
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is amended to read as follows: |
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(a) In each state fiscal year beginning with the state |
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fiscal year ending August 31, 2021, an eligible institution is |
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entitled to receive an amount allocated in accordance with this |
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section from the funds appropriated for that year by Section 17(a), |
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Article VII, Texas Constitution. The comptroller shall distribute |
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funds allocated under this subsection only on presentation of a |
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claim and issuance of a warrant in accordance with Section 403.071, |
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Government Code. An eligible institution may not present a claim to |
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be paid from any funds allocated under this subsection before the |
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delivery of goods or services described in Section 17, Article VII, |
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Texas Constitution, except for the payment of principal or interest |
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on bonds or notes or for a payment for a book or other published |
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library material as authorized by Section 2155.386, Government |
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Code. The allocation of funds under this subsection is made in |
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accordance with an equitable formula consisting of the following |
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elements: space deficit, facilities condition, institutional |
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complexity, and a separate allocation for the Texas State Technical |
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College System. The annual amounts allocated by the formula are as |
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follows: |
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(1) [$4,933,200 to Midwestern State University; |
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[(2)] to the following component institutions of the |
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University of North Texas System: |
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(A) $37,346,563 to the University of North Texas; |
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(B) $15,125,502 to the University of North Texas |
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Health Science Center at Fort Worth; and |
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(C) $3,354,441 to the University of North Texas |
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at Dallas; |
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(2) [(3)] $11,277,793 to Stephen F. Austin State |
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University; |
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(3) [(4)] to the following component institutions of |
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the Texas State University System: |
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(A) $13,141,181 to Lamar University; |
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(B) $2,553,130 to the Lamar Institute of |
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Technology; |
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(C) $1,488,396 to Lamar State College--Orange; |
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(D) $2,217,102 to Lamar State College--Port |
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Arthur; |
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(E) $18,236,811 to Sam Houston State University; |
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(F) $37,606,478 to Texas State University; |
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(G) $2,151,723 to Sul Ross State University; and |
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(H) $472,890 to Sul Ross State University-Rio |
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Grande College; |
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(4) [(5)] $11,719,335 to Texas Southern University; |
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(5) [(6)] to the following component institutions of |
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the Texas Tech University System: |
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(A) $49,874,746 to Texas Tech University; |
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(B) $21,652,392 to Texas Tech University Health |
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Sciences Center; |
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(C) $6,792,999 to Angelo State University; [and] |
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(D) $5,557,572 to Texas Tech University Health |
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Sciences Center--El Paso; and |
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(E) $4,933,200 to Midwestern State University; |
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(6) [(7)] $14,554,133 to Texas Woman's University; |
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(7) [(8)] to the following component institutions of |
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the University of Houston System: |
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(A) $54,514,004 to the University of Houston; |
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(B) $3,542,817 to the University of |
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Houston--Victoria; |
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(C) $7,726,043 to the University of |
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Houston--Clear Lake; and |
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(D) $10,828,344 to the University of |
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Houston--Downtown; |
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(8) [(9)] to the following component institutions of |
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The Texas A&M University System: |
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(A) $11,478,824 to Texas A&M University--Corpus |
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Christi; |
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(B) $7,462,394 to Texas A&M International |
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University; |
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(C) $8,858,060 to Texas A&M |
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University--Kingsville; |
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(D) $7,446,495 to West Texas A&M University; |
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(E) $11,123,859 to Texas A&M |
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University--Commerce; and |
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(F) $2,050,273 to Texas A&M |
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University--Texarkana; and |
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(9) [(10)] $8,662,500 to the Texas State Technical |
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College System Administration and the following component |
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campuses, but not its extension centers or programs: |
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(A) Texas State Technical College-Harlingen; |
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(B) Texas State Technical College--Marshall; |
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(C) Texas State Technical College--West Texas; |
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(D) Texas State Technical College--Waco; |
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(E) Texas State Technical College--Fort Bend; |
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and |
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(F) Texas State Technical College--North Texas. |
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SECTION 14. AMENDMENT. Subchapter A, Chapter 109, |
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Education Code, is amended by adding Section 109.005 to read as |
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follows: |
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Sec. 109.005. MANDATORY VENUE. (a) Venue for a suit filed |
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against the board or a member of the board in the member's official |
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capacity is in Lubbock County. |
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(b) Venue for a suit filed against the Texas Tech University |
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System, any component of the Texas Tech University System, or any |
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officer or employee of the Texas Tech University System or of any |
|
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component of the Texas Tech University System is in the county in |
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which the primary office of the chief executive officer of the |
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system or component, as applicable, is located. |
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(c) This section does not waive any defense to or immunity |
|
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from suit or liability that may be asserted by an entity or |
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individual described by this section. |
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(d) In case of a conflict between this section and any other |
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law, this section controls. |
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SECTION 15. AMENDMENT. Section 1232.101(a), Government |
|
|
Code, is amended to read as follows: |
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(a) With respect to all bonds authorized to be issued by or |
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on behalf of the Texas Military Department, Parks and Wildlife |
|
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Department, Texas Agricultural Finance Authority, Texas Low-Level |
|
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Radioactive Waste Disposal Authority, [Midwestern State |
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University,] and Texas Southern University, the authority has the |
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exclusive authority to act on behalf of those entities in issuing |
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bonds on their behalf. In connection with those issuances and with |
|
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the issuance of refunding bonds on behalf of those entities, the |
|
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authority is subject to all rights, duties, and conditions |
|
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surrounding issuance previously applicable to the issuing entity |
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under the statute authorizing the issuance. A reference in an |
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authorizing statute to the entity on whose behalf the bonds are |
|
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being issued applies equally to the authority in its capacity as |
|
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issuer on behalf of the entity. |
|
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SECTION 16. AMENDMENT. Section 501.022, Labor Code, is |
|
|
amended by amending Subsection (a) and adding Subsection (g) to |
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read as follows: |
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(a) An eligible employee of Texas Tech University, Texas |
|
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Tech University Health Sciences Center, Angelo State University, |
|
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Texas Tech University System Administration, Texas Tech University |
|
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Health Sciences Center at El Paso, Midwestern State University, or |
|
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another agency under the direction and control of the board of |
|
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regents of the Texas Tech University System is entitled to |
|
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participate in the workers' compensation program for state |
|
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employees provided under this chapter. |
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(g) For purposes of this chapter, Midwestern State |
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University is a state agency and shall act in the capacity of |
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employer. |
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SECTION 17. TRANSITION. Section 109.005, Education Code, |
|
|
as added by this Act, applies only to an action brought against the |
|
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board of regents of the Texas Tech University System or a member of |
|
|
that board in the member's official capacity, the Texas Tech |
|
|
University System, a component institution of that system, or an |
|
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officer or employee of that system or of a component institution of |
|
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that system on or after the effective date of this Act. |
|
|
SECTION 18. REPEALER. The following provisions of the |
|
|
Education Code are repealed: |
|
|
(1) Section 54.241(h); |
|
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(2) Sections 54.5082, 54.518, 54.5441, 54.5442, |
|
|
55.1727, 55.1737, 55.1757, and 55.1787; and |
|
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(3) Chapter 103. |
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SECTION 19. EFFECTIVE DATE. This Act takes effect |
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September 1, 2021. |