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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a new university in Nacogdoches, Texas, |
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within The University of Texas System; abolishing Stephen F. Austin |
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State University. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. AMENDMENT TO EDUCATION CODE. Subtitle C, Title |
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3, Education Code, is amended by adding Chapter 80 to read as |
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follows: |
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CHAPTER 80. STEPHEN F. AUSTIN STATE UNIVERSITY, A MEMBER OF THE |
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UNIVERSITY OF TEXAS SYSTEM |
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Sec. 80.01. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of regents of The |
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University of Texas System. |
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(2) "University" means the university established |
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under this chapter as Stephen F. Austin State University, a member |
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of The University of Texas System. |
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Sec. 80.02. REFERENCE TO STEPHEN F. AUSTIN STATE |
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UNIVERSITY. A reference in law to Stephen F. Austin State |
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University means Stephen F. Austin State University, a member of |
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The University of Texas System. |
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Sec. 80.03. ESTABLISHMENT; SCOPE. (a) Stephen F. Austin |
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State University, a member of The University of Texas System, is a |
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general academic teaching institution in Nacogdoches, Texas, under |
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the governance, management, and control of the board of regents of |
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The University of Texas System. |
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(b) As necessary to achieve the maximum operating |
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efficiency of the university, the board shall provide for the |
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organization, administration, and location of the university and of |
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the colleges, schools, and other institutions and entities of the |
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university. |
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(c) The authority of the board under this section to achieve |
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the maximum operating efficiency of the university and to provide |
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for the organization, administration, and location of the |
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university and of the colleges, schools, and other institutions and |
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entities of the university prevails over other law. |
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Sec. 80.04. COURSES AND DEGREES. (a) The board may |
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prescribe courses leading to customary degrees offered at leading |
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American universities and may award those degrees, including |
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bachelor's, master's, and doctoral degrees and their equivalents. |
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(b) The board shall award degrees in the name of the |
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university. |
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(c) A department, school, or degree program may not be |
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instituted without the prior approval of the Texas Higher Education |
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Coordinating Board, except that the university may include any |
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department or school or offer any degree program previously |
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approved for Stephen F. Austin State University or expressly |
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authorized by this chapter or other law. |
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Sec. 80.05. UNIVERSITY OF THE FIRST CLASS. The board shall |
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make any other rules and regulations for the operation, control, |
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and management of the university as may be necessary for the conduct |
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of the university as a university of the first class. |
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Sec. 80.06. FACILITIES. The board shall provide for |
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adequate physical facilities for use by the university. |
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Sec. 80.07. GIFTS AND GRANTS. The board may solicit, |
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accept, and administer, on terms and conditions acceptable to the |
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board, gifts, grants, or donations of any kind and from any source |
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for use by the university. |
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Sec. 80.08. JOINT APPOINTMENTS. The board may make joint |
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faculty appointments to positions in the university and to |
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positions in other institutions under the governance of the board. |
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Sec. 80.09. PARTICIPATION IN PERMANENT UNIVERSITY FUND. |
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The legislature finds that the university is an institution of |
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higher education "created at a later date" for purposes of Section |
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18(c), Article VII, Texas Constitution. Accordingly, the |
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university is entitled to participate in the funding provided by |
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Section 18, Article VII, Texas Constitution, to the same extent as |
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similar component institutions of The University of Texas System. |
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SECTION 2. STEPHEN F. AUSTIN STATE UNIVERSITY ABOLISHED. |
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(a) Stephen F. Austin State University is abolished on a date the |
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board of regents of The University of Texas System determines |
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appropriate to achieve the maximum operating efficiency of the |
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system. The designated date must be entered into the minutes of the |
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board. |
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(b) The board of regents of The University of Texas System |
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shall provide to the secretary of state written notice of its action |
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under Subsection (a) of this section. Effective on the date the |
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board designates for the abolition of Stephen F. Austin State |
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University, Chapter 101, Education Code, is repealed. |
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(c) The board of regents of The University of Texas System |
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may not act under Subsection (a) of this section to abolish Stephen |
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F. Austin State University earlier than the date on which Stephen F. |
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Austin State University, a member of The University of Texas |
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System, begins operation. |
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(d) The board of regents of Stephen F. Austin State |
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University shall take all actions necessary to facilitate the |
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operation of Stephen F. Austin State University, a member of The |
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University of Texas System, and the winding up of the affairs of |
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Stephen F. Austin State University. For that purpose, the board of |
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regents of Stephen F. Austin State University may transfer |
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management and control of Stephen F. Austin State University to the |
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board of regents of The University of Texas System. |
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(e) On the date Stephen F. Austin State University is |
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abolished as provided by this Act, the terms of office of members of |
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the board of regents of Stephen F. Austin State University expire. |
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SECTION 3. UNIVERSITY CREATED; TRANSITION PROVISIONS. (a) |
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Stephen F. Austin State University, a member of The University of |
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Texas System, is created within The University of Texas System. As |
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provided by Chapter 80, Education Code, as added by this Act, the |
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board of regents of the system shall establish the university as a |
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general academic teaching institution offering the degrees |
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authorized by that chapter. |
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(b) Stephen F. Austin State University, a member of The |
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University of Texas System, shall begin operating on a date the |
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board of regents determines appropriate to achieve the maximum |
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operating efficiency of the system. The designated date must be |
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entered into the minutes of the board. |
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(c) In recognition of the abolition of Stephen F. Austin |
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State University as authorized by this Act, the board of regents |
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shall facilitate the employment at Stephen F. Austin State |
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University, a member of The University of Texas System, of as many |
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faculty and staff of the abolished university as is prudent and |
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practical, subject to the following: |
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(1) a person who is tenured faculty of Stephen F. |
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Austin State University on the date of the university's abolition |
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is entitled to tenure at Stephen F. Austin State University, a |
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member of The University of Texas System; and |
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(2) a person who is in a tenure-track teaching |
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position at Stephen F. Austin State University on the date of the |
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university's abolition is entitled to a tenure-track position at |
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Stephen F. Austin State University, a member of The University of |
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Texas System, and must be considered for tenure on the same schedule |
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governing the position at Stephen F. Austin State University. |
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(d) A student admitted to or enrolled at Stephen F. Austin |
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State University on the date of abolition is entitled to admission |
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to Stephen F. Austin State University, a member of The University of |
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Texas System, and the board shall take actions necessary to |
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facilitate that admission and the appropriate transfer of credits. |
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(e) On the date Stephen F. Austin State University is |
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abolished as provided by this Act, all money, property, and |
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facilities under the management and control of the board of regents |
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of Stephen F. Austin State University are transferred to the |
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management and control of the board of regents of The University of |
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Texas System. |
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(f) On the date Stephen F. Austin State University is |
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abolished as provided by this Act, the board of regents of The |
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University of Texas System is substituted in contracts and other |
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obligations for the board of regents of Stephen F. Austin State |
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University. Contracts and written obligations of every kind and |
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character entered into by the board of regents of Stephen F. Austin |
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State University or the Texas Public Finance Authority for and on |
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behalf of Stephen F. Austin State University, including bonds, are |
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considered ratified, confirmed, and validated by the board of |
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regents of The University of Texas System. In those contracts and |
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written obligations, the board of regents of The University of |
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Texas System is substituted for and stands and acts in the place of |
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the board of regents of Stephen F. Austin State University or the |
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Texas Public Finance Authority, as applicable, to the extent |
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permitted by law. |
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(g) For Stephen F. Austin State University, a member of The |
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University of Texas System, the board of regents of The University |
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of Texas System may impose and collect any fee authorized by prior |
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law for Stephen F. Austin State University, as that law existed at |
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the time the university was abolished, as determined by the board |
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and subject to the limitations provided by the prior law |
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authorizing the fee. The abolition of Stephen F. Austin State |
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University does not affect any pledge of revenue from a fee made by |
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or on behalf of the university to pay obligations issued in |
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connection with facilities for which the fee was imposed and the |
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obligations were issued. |
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(h) A person who, as an eligible employee of Stephen F. |
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Austin State University with 10 years of service credit, would have |
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been eligible to participate in a group benefits insurance program |
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under Chapter 1551, Insurance Code, retains that eligibility as an |
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employee of Stephen F. Austin State University, a member of The |
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University of Texas System, and retains credit for that purpose for |
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service in a benefits-eligible position at Stephen F. Austin State |
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University and at Stephen F. Austin State University, a member of |
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The University of Texas System. |
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(i) For Stephen F. Austin State University, a member of The |
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University of Texas System, the board of regents of The University |
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of Texas System shall seek the inclusion of the university |
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initially in the same athletic conferences, and participation in |
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the same National Collegiate Athletic Association division, as |
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Stephen F. Austin State University immediately before its |
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abolition. |
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SECTION 4. AMENDMENT. Section 59.06, Education Code, is |
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amended to read as follows: |
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Sec. 59.06. LIMITATION ON APPROPRIATED FUNDS. Funds |
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appropriated by the legislature to The University of Texas System, |
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The Texas A&M University System, the Texas Tech University System, |
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the Texas State University System, the University of Houston |
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System, [Stephen F. Austin State University,] or the University of |
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North Texas System from the General Revenue Fund may not be used to |
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establish or maintain the fund, to purchase insurance, or to employ |
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private legal counsel. |
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SECTION 5. 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) 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) [$11,277,793 to Stephen F. Austin State |
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University; |
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[(3)] to the following component institutions of the |
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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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(3) [(4)] $11,719,335 to Texas Southern University; |
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(4) [(5)] 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; |
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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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(5) [(6)] $14,554,133 to the component institutions |
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of the Texas Woman's University System, allocated as determined by |
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the board of regents of the system; |
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(6) [(7)] 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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(7) [(8)] 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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(8) [(9)] $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 6. AMENDMENT. Section 65.02(a), Education Code, is |
|
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amended to read as follows: |
|
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(a) The University of Texas System is composed of the |
|
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following institutions and entities: |
|
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(1) The University of Texas at Arlington, including: |
|
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(A) The University of Texas Institute of Urban |
|
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Studies at Arlington; and |
|
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(B) The University of Texas School of Nursing at |
|
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Arlington; |
|
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(2) The University of Texas at Austin, including: |
|
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(A) The University of Texas Marine Science |
|
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Institute; |
|
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(B) The University of Texas McDonald Observatory |
|
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at Mount Locke; and |
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(C) The University of Texas School of Nursing at |
|
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Austin; |
|
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(3) The University of Texas at Dallas; |
|
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(4) The University of Texas at El Paso, including The |
|
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University of Texas School of Nursing at El Paso; |
|
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(5) The University of Texas of the Permian Basin; |
|
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(6) The University of Texas at San Antonio, including |
|
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the University of Texas Institute of Texan Cultures at San Antonio; |
|
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(7) The University of Texas Southwestern Medical |
|
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Center, including: |
|
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(A) The University of Texas Southwestern Medical |
|
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School at Dallas; |
|
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(B) The University of Texas Southwestern |
|
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Graduate School of Biomedical Sciences at Dallas; and |
|
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(C) The University of Texas Southwestern Allied |
|
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Health Sciences School at Dallas; |
|
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(8) The University of Texas Medical Branch at |
|
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Galveston, including: |
|
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(A) The University of Texas Medical School at |
|
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Galveston; |
|
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(B) The University of Texas Graduate School of |
|
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Biomedical Sciences at Galveston; |
|
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(C) The University of Texas School of Allied |
|
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Health Sciences at Galveston; |
|
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(D) The University of Texas Marine Biomedical |
|
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Institute at Galveston; |
|
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(E) The University of Texas Hospitals at |
|
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Galveston; and |
|
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(F) The University of Texas School of Nursing at |
|
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Galveston; |
|
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(9) The University of Texas Health Science Center at |
|
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Houston, including: |
|
|
(A) The University of Texas Medical School at |
|
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Houston; |
|
|
(B) The University of Texas Dental Branch at |
|
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Houston; |
|
|
(C) The University of Texas Graduate School of |
|
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Biomedical Sciences at Houston; |
|
|
(D) The University of Texas School of Health |
|
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Information Sciences at Houston; |
|
|
(E) The University of Texas School of Public |
|
|
Health at Houston; |
|
|
(F) The University of Texas Speech and Hearing |
|
|
Institute at Houston; and |
|
|
(G) The University of Texas School of Nursing at |
|
|
Houston; |
|
|
(10) The University of Texas Health Science Center at |
|
|
San Antonio, including: |
|
|
(A) The University of Texas Medical School at San |
|
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Antonio; |
|
|
(B) The University of Texas Dental School at San |
|
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Antonio; |
|
|
(C) The University of Texas Graduate School of |
|
|
Biomedical Sciences at San Antonio; |
|
|
(D) The University of Texas School of Allied |
|
|
Health Sciences at San Antonio; and |
|
|
(E) The University of Texas School of Nursing at |
|
|
San Antonio; |
|
|
(11) The University of Texas M. D. Anderson Cancer |
|
|
Center, including: |
|
|
(A) The University of Texas M. D. Anderson |
|
|
Hospital; |
|
|
(B) The University of Texas M. D. Anderson Tumor |
|
|
Institute; and |
|
|
(C) The University of Texas M. D. Anderson |
|
|
Science Park; [and] |
|
|
(12) The University of Texas Health Science |
|
|
Center--South Texas, including The University of Texas Medical |
|
|
School--South Texas, if established under Subchapter N, Chapter 74; |
|
|
and |
|
|
(13) Stephen F. Austin State University, a member of |
|
|
The University of Texas System. |
|
|
SECTION 7. EFFECTIVE DATE. This Act takes effect |
|
|
immediately if it receives a vote of two-thirds of all the members |
|
|
elected to each house, as provided by Section 39, Article III, Texas |
|
|
Constitution. If this Act does not receive the vote necessary for |
|
|
immediate effect, this Act has no effect. |