H.B. No. 2058
    1-1                                AN ACT
    1-2  relating to bonds issued by certain public institutions of higher
    1-3  education in this state.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 55.01, Education Code, is amended by
    1-6  adding Subdivision (3) to read as follows:
    1-7              (3)  "Revenue funds" means the revenues, incomes,
    1-8  receipts, rentals, rates, charges, fees, and tuition levied or
    1-9  collected by an institution of higher education, including interest
   1-10  or other income from those funds.
   1-11        SECTION 2.  Subchapter A, Chapter 55, Education Code, is
   1-12  amended by adding Sections 55.02, 55.03, and 55.04 to read as
   1-13  follows:
   1-14        Sec. 55.02.  SYSTEMWIDE REVENUE FINANCING PROGRAM.  (a)  The
   1-15  governing board of a university system may establish a systemwide
   1-16  revenue financing program to provide funds to acquire, purchase,
   1-17  construct, improve, renovate, enlarge, or equip property,
   1-18  buildings, structures, facilities, roads, or related infrastructure
   1-19  at an institution, branch, or entity of the university system.
   1-20        (b)  The governing board may issue bonds or notes in
   1-21  accordance with this chapter for any purpose authorized by law as
   1-22  part of the systemwide revenue financing program.
   1-23        (c)  The governing board may pledge to the payment of any
   1-24  bonds or notes issued as part of the systemwide revenue financing
    2-1  program all or any part of the revenue funds of an institution,
    2-2  branch, or entity of the university system.
    2-3        (d)  In this section, "university system" has the meaning
    2-4  assigned by Section 61.003 of this code.
    2-5        Sec. 55.03.  MINORITY-OWNED AND WOMEN-OWNED BUSINESSES.
    2-6  (a)  The board of regents of each institution of higher education
    2-7  shall make a good-faith effort to award to minority-owned and
    2-8  women-owned businesses:
    2-9              (1)  contracts relating to the issuance of bonds by the
   2-10  board under this chapter in the amount of at least 25 percent of
   2-11  the total costs of issuing those bonds; and
   2-12              (2)  contracts for the items to be financed by bonds
   2-13  issued by the board in the amount of at least 25 percent of the
   2-14  proceeds of those bonds.
   2-15        (b)  Not later than October 31 of each academic year, the
   2-16  board of regents shall file with the governor and each house of the
   2-17  legislature a written report containing the following information
   2-18  for the previous academic year for all businesses, minority-owned
   2-19  businesses and women-owned businesses, classified by gender and
   2-20  minority group status:
   2-21              (1)  the total number of contracts relating to the
   2-22  issuance of bonds by the board under this chapter and to the items
   2-23  to be financed by those bonds;
   2-24              (2)  the total dollar amount the board of regents must
   2-25  pay under each contract described by Subdivision (1) of this
   2-26  subsection; and
   2-27              (3)  the total number of businesses submitting bids or
    3-1  proposals relating to the issuance of bonds by the board under this
    3-2  chapter and to the items to be financed by those bonds.
    3-3        (c)  In this section:
    3-4              (1)  "Minority-owned business" means a business entity
    3-5  at least 51 percent of which is owned by members of a minority
    3-6  group or, in the case of a corporation, at least 51 percent of the
    3-7  shares of which are owned by members of a minority group, and that
    3-8  is managed and controlled by members of a minority group in its
    3-9  daily operations.
   3-10              (2)  "Minority group" includes:
   3-11                    (A)  African Americans;
   3-12                    (B)  American Indians;
   3-13                    (C)  Asian Americans; and
   3-14                    (D)  Mexican Americans and other Americans of
   3-15  Hispanic origin.
   3-16              (3)  "Women-owned business" means a business entity at
   3-17  least 51 percent of which is owned by women or, in the case of a
   3-18  corporation, at least 51 percent of the shares of which are owned
   3-19  by women, and that is managed and controlled by women in its daily
   3-20  operations.
   3-21        Sec. 55.04.  CUMULATIVE EFFECT.  (a)  The authority to issue
   3-22  bonds under this chapter is cumulative of all other authority to
   3-23  issue bonds.  The governing board of an institution of higher
   3-24  education may issue bonds under that other authority or may issue
   3-25  bonds under the authority of this chapter.
   3-26        (b)  This chapter is sufficient authority for a governing
   3-27  board of an institution of higher education to issue bonds under
    4-1  this chapter and to perform all other acts and procedures
    4-2  authorized by this chapter.
    4-3        SECTION 3.  Section 55.17(e), Education Code, is amended to
    4-4  read as follows:
    4-5        (e)(1)  The board of regents of Texas Tech University, acting
    4-6  separately and independently for and on behalf of Texas Tech
    4-7  University and separately and independently for and on behalf of
    4-8  the Texas Tech University Health Sciences Center <School of
    4-9  Medicine at Lubbock>, is hereby granted full and final authority
   4-10  and responsibility to acquire, purchase, construct, improve,
   4-11  renovate, enlarge, or <and/or> equip property, buildings,
   4-12  structures, <and/or> facilities, roads, or related infrastructure
   4-13  for Texas Tech University and the Texas Tech University Health
   4-14  Sciences Center <School of Medicine at Lubbock>.
   4-15              (2)  The board of regents of Texas Tech University,
   4-16  acting separately and independently for and on behalf of Texas Tech
   4-17  University and separately and independently for and on behalf of
   4-18  the Texas Tech University Health Sciences Center <School of
   4-19  Medicine at Lubbock>, may pledge irrevocably to the payment of its
   4-20  revenue bonds all or any part of the aggregate amount of student
   4-21  tuition charges required or authorized by law to be imposed on
   4-22  students enrolled at Texas Tech University and/or at the Texas Tech
   4-23  University Health Sciences Center <School of Medicine at Lubbock>;
   4-24  and the amount of any pledge so made shall never be reduced or
   4-25  abrogated while such bonds are outstanding; provided, however, that
   4-26  such tuition charges shall not be pledged pursuant to the authority
   4-27  granted by this Subsection (e)(2) except to the payment of bonds
    5-1  issued in an aggregate principal amount of not to exceed $35
    5-2  million for the purpose of providing funds to acquire, purchase,
    5-3  construct, improve, renovate, enlarge, or <and/or> equip property,
    5-4  buildings, structures, <and> facilities, roads, or related
    5-5  infrastructure for the Texas Tech University Health Sciences Center
    5-6  <School of Medicine at Lubbock>.
    5-7              (3)  In addition to the authority granted by Sections
    5-8  55.13, 55.14, 55.17, and 55.19 of this code, the board of regents
    5-9  of Texas Tech University and the Texas Tech University Health
   5-10  Sciences Center may issue bonds in accordance with this subchapter
   5-11  and in accordance with a systemwide revenue financing program
   5-12  adopted by the board in an additional aggregate principal amount
   5-13  not to exceed $25 million to finance the items listed under
   5-14  Subdivision (1) of this subsection.  The board may pledge
   5-15  irrevocably to the payment of those bonds all or any part of the
   5-16  revenue funds of Texas Tech University or Texas Tech University
   5-17  Health Sciences Center, including student tuition charges required
   5-18  or authorized by law to be imposed on students enrolled at Texas
   5-19  Tech University or at the Texas Tech University Health Sciences
   5-20  Center.  The amount of a pledge made under this subdivision may not
   5-21  be reduced or abrogated while the bonds for which the pledge is
   5-22  made, or bonds issued to refund those bonds, are outstanding.
   5-23        SECTION 4.  Subchapter B, Chapter 55, Education Code, is
   5-24  amended by adding Sections 55.1713-55.1718 to read as follows:
   5-25        Sec. 55.1713.  THE TEXAS A&M UNIVERSITY SYSTEM.  (a)  In
   5-26  addition to the authority granted by Sections 55.13, 55.14, 55.17,
   5-27  55.171, 55.1711, 55.1712, and 55.19 of this code, the board of
    6-1  regents of The Texas A&M University System may acquire, purchase,
    6-2  construct, improve, renovate, enlarge, or equip property,
    6-3  buildings, structures, facilities, roads, or related infrastructure
    6-4  for the following institutions to be financed by the issuance of
    6-5  bonds in accordance with this subchapter and in accordance with a
    6-6  systemwide revenue financing program adopted by the board in
    6-7  aggregate principal amounts not to exceed the following amounts:
    6-8              (1)  Texas A&M University--Corpus Christi, $22 million;
    6-9              (2)  Texas A&M International University, $36 million;
   6-10  and
   6-11              (3)  Texas A&M University--Kingsville, $17 million.
   6-12        (b)  The board may pledge irrevocably to the payment of those
   6-13  bonds all or any part of the revenue funds of an institution,
   6-14  branch, or entity of The Texas A&M University System, including
   6-15  student tuition charges required or authorized by law to be imposed
   6-16  on students enrolled at an institution, branch, or entity of The
   6-17  Texas A&M University System.  The amount of a pledge made under
   6-18  this subsection may not be reduced or abrogated while the bonds for
   6-19  which the pledge is made, or bonds issued to refund those bonds,
   6-20  are outstanding.
   6-21        (c)  If sufficient funds are not available to the board to
   6-22  meet its obligations under this section, the board may transfer
   6-23  funds among  institutions, branches, and entities of The Texas A&M
   6-24  University System to ensure the most equitable and efficient
   6-25  allocation of available resources for each institution, branch, or
   6-26  entity to carry out its constitutional and statutory duties and
   6-27  purposes.
    7-1        Sec. 55.1714.  THE UNIVERSITY OF TEXAS SYSTEM.  (a)  In
    7-2  addition to the authority granted by Sections 55.13, 55.14, 55.17,
    7-3  55.172, and 55.19 of this code, the board of regents of The
    7-4  University of Texas System may acquire, purchase, construct,
    7-5  improve, renovate, enlarge, or equip property, buildings,
    7-6  structures, facilities, roads, or related infrastructure for the
    7-7  following institutions to be financed by the issuance of bonds in
    7-8  accordance with this subchapter, including bonds issued in
    7-9  accordance with its systemwide revenue financing program and
   7-10  secured as provided by that program, in aggregate principal amounts
   7-11  not to exceed the following amounts:
   7-12              (1)  The University of Texas at Brownsville, $23.5
   7-13  million;
   7-14              (2)  The University of Texas at El Paso, $23 million;
   7-15              (3)  The University of Texas--Pan American, $26
   7-16  million;
   7-17              (4)  The University of Texas at San Antonio, $63.5
   7-18  million;
   7-19              (5)  The University of Texas Health Science Center at
   7-20  San Antonio, $25 million; and
   7-21              (6)  The University of Texas at Austin, $2 million.
   7-22        (b)  The board may pledge irrevocably to the payment of those
   7-23  bonds all or any part of the revenue funds of an institution,
   7-24  branch, or entity of The University of Texas System, including
   7-25  student tuition charges required or authorized by law to be imposed
   7-26  on students enrolled at an institution, branch, or entity of The
   7-27  University of Texas System.  The amount of a pledge made under this
    8-1  subsection may not be reduced or abrogated while the bonds for
    8-2  which the pledge is made, or bonds issued to refund those bonds,
    8-3  are outstanding.
    8-4        (c)  Of the proceeds of bonds issued under this section for
    8-5  The University of Texas at San Antonio, $20 million may be used
    8-6  only to acquire, purchase, construct, improve, renovate, enlarge,
    8-7  or equip a downtown campus for that university.  Proceeds of bonds
    8-8  issued under this section for The University of Texas at Austin may
    8-9  be used only to acquire, purchase, construct, renovate, enlarge, or
   8-10  equip the McDonald Observatory.
   8-11        (d)  If sufficient funds are not available to the board to
   8-12  meet its obligations under this section, the board may transfer
   8-13  funds among institutions, branches, and entities of The University
   8-14  of Texas System to ensure the most equitable and efficient
   8-15  allocation of available resources for each institution, branch, or
   8-16  entity to carry out its constitutional and statutory duties and
   8-17  purposes.
   8-18        Sec. 55.1715.  THE UNIVERSITY OF HOUSTON SYSTEM.  (a)  In
   8-19  addition to the authority granted by Sections 55.13, 55.14, 55.17,
   8-20  55.171, and 55.19 of this code, the board of regents of the
   8-21  University of Houston System may acquire, purchase, construct,
   8-22  improve, renovate, enlarge, or equip property, buildings,
   8-23  structures, facilities, roads, or related infrastructure for the
   8-24  University of Houston--Downtown to be financed by the issuance of
   8-25  bonds in accordance with this subchapter and in accordance with a
   8-26  systemwide revenue financing program adopted by the board in an
   8-27  aggregate principal amount not to exceed $22.4 million.
    9-1        (b)  The board may pledge irrevocably to the payment of those
    9-2  bonds all or any part of the revenue funds of an institution,
    9-3  branch, or entity of the University of Houston System, including
    9-4  student tuition charges required or authorized by law to be imposed
    9-5  on students enrolled at an institution, branch, or entity of the
    9-6  University of Houston System.  The amount of a pledge made under
    9-7  this subsection may not be reduced or abrogated while the bonds for
    9-8  which the pledge is made, or bonds issued to refund those bonds,
    9-9  are outstanding.
   9-10        (c)  If sufficient funds are not available to the board to
   9-11  meet its obligations under this section, the board may transfer
   9-12  funds among institutions, branches, and entities of the University
   9-13  of Houston System to ensure the most equitable and efficient
   9-14  allocation of available resources for each institution, branch, or
   9-15  entity to carry out its duties and purposes.
   9-16        Sec. 55.1716.  TEXAS STATE UNIVERSITY SYSTEM.  (a)  In
   9-17  addition to the authority granted by Sections 55.13, 55.14, 55.17,
   9-18  and 55.19 of this code, the board of regents of the Texas State
   9-19  University System may acquire, purchase, construct, improve,
   9-20  renovate, enlarge, or equip property, buildings, structures,
   9-21  facilities, roads, or related infrastructure for an institution,
   9-22  branch, or entity of the system to be financed by the issuance of
   9-23  bonds in accordance with this subchapter and in accordance with a
   9-24  systemwide revenue financing program adopted by the board in the
   9-25  aggregate principal amount of $27 million.
   9-26        (b)  The board may pledge irrevocably to the payment of those
   9-27  bonds all or any part of the revenue funds of an institution,
   10-1  branch, or entity of the Texas State University System, including
   10-2  student tuition charges required or authorized by law to be imposed
   10-3  on students enrolled at an institution, branch, or entity of the
   10-4  Texas State University System.  The amount of a pledge made under
   10-5  this subsection may not be reduced or abrogated while the bonds for
   10-6  which the pledge is made, or bonds issued to refund those bonds,
   10-7  are outstanding.
   10-8        (c)  If sufficient funds are not available to the board to
   10-9  meet its obligations under this section, the board may transfer
  10-10  funds among institutions, branches, and entities of the Texas State
  10-11  University System to ensure the most equitable and efficient
  10-12  allocation of available resources for each institution, branch, or
  10-13  entity to carry out its duties and purposes.
  10-14        Sec. 55.1717.  UNIVERSITY OF NORTH TEXAS AND TEXAS COLLEGE OF
  10-15  OSTEOPATHIC MEDICINE.  (a)  The board of regents of the University
  10-16  of North Texas may acquire, purchase, construct, improve, renovate,
  10-17  enlarge, or equip property, buildings, structures, facilities,
  10-18  roads, or related infrastructure for the University of North Texas
  10-19  or the Texas College of Osteopathic Medicine to be financed by the
  10-20  issuance of bonds in accordance with this subchapter in the
  10-21  aggregate principal amounts not to exceed $25 million for the
  10-22  University of North Texas and $10 million for the Texas College of
  10-23  Osteopathic Medicine.
  10-24        (b)  The board may pledge irrevocably to the payment of those
  10-25  bonds all or any part of the revenue funds of the University of
  10-26  North Texas or the Texas College of Osteopathic Medicine, including
  10-27  student tuition charges required or authorized by law to be imposed
   11-1  on students enrolled at the University of North Texas or the Texas
   11-2  College of Osteopathic Medicine.  The amount of a pledge made under
   11-3  this subsection may not be reduced or abrogated while the bonds for
   11-4  which the pledge is made, or bonds issued to refund those bonds,
   11-5  are outstanding.
   11-6        (c)  If sufficient funds are not available to the board to
   11-7  meet its obligations under this section, the board may transfer
   11-8  funds between the University of North Texas and the Texas College
   11-9  of Osteopathic Medicine to ensure the most equitable and efficient
  11-10  allocation of available resources for the University of North Texas
  11-11  and the Texas College of Osteopathic Medicine to carry out their
  11-12  duties and purposes.
  11-13        Sec. 55.1718.  TEXAS WOMAN'S UNIVERSITY.  (a)  The board of
  11-14  regents of Texas Woman's University may acquire, purchase,
  11-15  construct, improve, renovate, enlarge, or equip property,
  11-16  buildings, structures, facilities, roads, or related infrastructure
  11-17  for Texas Woman's University to be financed by the issuance of
  11-18  bonds in accordance with this subchapter in the aggregate principal
  11-19  amount of $5 million.
  11-20        (b)  The board may pledge irrevocably to the payment of those
  11-21  bonds all or any part of the revenue funds of Texas Woman's
  11-22  University, including student tuition charges required or
  11-23  authorized by law to be imposed on students enrolled at Texas
  11-24  Woman's University.  The amount of a pledge made under this
  11-25  subsection may not be reduced or abrogated while the bonds for
  11-26  which the pledge is made, or bonds issued to refund those bonds,
  11-27  are outstanding.
   12-1        SECTION 5.  Section 61.0572, Education Code, is amended by
   12-2  adding Subsection (e) to read as follows:
   12-3        (e)  Approval of the board is not required to acquire real
   12-4  property that is financed by bonds issued under Section 55.17(e)(3)
   12-5  or 55.1713-55.1718 of this code, except that the board shall review
   12-6  all real property to be financed by bonds issued under those
   12-7  sections to determine whether the property meets the standards
   12-8  adopted by the board for cost, efficiency, and space use.  If the
   12-9  property does not meet those standards, the board shall notify the
  12-10  governor, the lieutenant governor, the speaker of the house of
  12-11  representatives, and the Legislative Budget Board.
  12-12        SECTION 6.  Section 61.058, Education Code, is amended to
  12-13  read as follows:
  12-14        Sec. 61.058.  New Construction and Repair and Rehabilitation
  12-15  Projects.  (a)  Except as provided by Subsection (b) of this
  12-16  section, the <The> board shall approve or disapprove all new
  12-17  construction and repair and rehabilitation of all buildings and
  12-18  facilities at institutions of higher education financed from any
  12-19  source provided that:
  12-20              (A)  the board's consideration and determination shall
  12-21  be limited to the purpose for which the new or remodeled buildings
  12-22  are to be used to assure conformity with approved space utilization
  12-23  standards and the institution's approved programs and role and
  12-24  mission if the cost of the project is not more than $600,000, but
  12-25  the board may consider cost factors and the financial implications
  12-26  of the project to the state if the total cost is in excess of
  12-27  $600,000;
   13-1              (B)  the requirement of approval for new construction
   13-2  applies only to projects the total cost of which is in excess of
   13-3  $300,000;
   13-4              (C)  the requirement of approval for major repair and
   13-5  rehabilitation of buildings and facilities applies only to a
   13-6  project the total cost of which is more than $600,000;
   13-7              (D)  the requirement of approval or disapproval by the
   13-8  board does not apply to any new construction or major repair and
   13-9  rehabilitation project that is specifically approved by the
  13-10  legislature;
  13-11              (E)  the requirement of approval by the board does not
  13-12  apply to a junior college's construction, repair, or rehabilitation
  13-13  financed entirely with funds from a source other than the state,
  13-14  including funds from ad valorem tax receipts of the college, gifts,
  13-15  grants, and donations to the college, and student fees; and
  13-16              (F)  the requirement of approval by the board does not
  13-17  apply to construction, repair, or rehabilitation of privately owned
  13-18  buildings and facilities located on land leased from an institution
  13-19  of higher education if the construction, repair, or rehabilitation
  13-20  is financed entirely from funds not under the control of the
  13-21  institution, and provided further that:
  13-22                    (i)  the buildings and facilities are to be used
  13-23  exclusively for auxiliary enterprises; and
  13-24                    (ii)  the buildings and facilities will not
  13-25  require appropriations from the legislature for operation,
  13-26  maintenance, or repair unless approval by the board has been
  13-27  obtained.
   14-1        (b)  This section does not apply to construction, repair, or
   14-2  rehabilitation financed by bonds issued under Section 55.17(e)(3)
   14-3  or 55.1713-55.1718 of this code, except that the board shall review
   14-4  all construction, repair, or rehabilitation to be financed by bonds
   14-5  issued under those sections to determine whether the construction,
   14-6  rehabilitation, or repair meets the standards adopted by board rule
   14-7  for cost, efficiency, and space use.  If the construction,
   14-8  rehabilitation, or repair does not meet those standards, the board
   14-9  shall notify the governor, the lieutenant governor, the speaker of
  14-10  the house of representatives, and the Legislative Budget Board.
  14-11        SECTION 7.  Section 55.03, Education Code, as added by this
  14-12  Act, applies only to contracts relating to bonds that are issued on
  14-13  or after the effective date of this Act.
  14-14        SECTION 8.  In addition to the amounts pledged for repayment
  14-15  of bonds as provided by Sections 55.17(e)(3) and 55.1713-55.1718,
  14-16  Education Code, as added by this Act, the difference between the
  14-17  amounts that would have been appropriated by S.B. No. 5, 73rd
  14-18  Legislature, Regular Session, 1993, as introduced, and the amounts
  14-19  actually appropriated by S.B. No. 5, Acts of the 73rd Legislature,
  14-20  Regular Session, 1993, that is attributable to Section 61.059(l),
  14-21  Education Code, as added by S.B. No. 380, 73rd Legislature, Regular
  14-22  Session, 1993, is dedicated for the fiscal biennium beginning
  14-23  September 1, 1993, for the purpose of repaying those bonds.  If
  14-24  S.B. No. 380 does not become law, this section has no effect.
  14-25        SECTION 9.  This Act takes effect September 1, 1993.
  14-26        SECTION 10.  The importance of this legislation and the
  14-27  crowded condition of the calendars in both houses create an
   15-1  emergency and an imperative public necessity that the
   15-2  constitutional rule requiring bills to be read on three several
   15-3  days in each house be suspended, and this rule is hereby suspended.