1-1 By: Zaffirini S.B. No. 6
1-2 (In the Senate - Filed January 22, 1993; January 25, 1993,
1-3 read first time and referred to Committee on Finance;
1-4 March 3, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 13, Nays 0; March 3, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Montford x
1-10 Turner x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Ellis x
1-15 Haley x
1-16 Moncrief x
1-17 Parker x
1-18 Ratliff x
1-19 Sims x
1-20 Truan x
1-21 Zaffirini x
1-22 COMMITTEE SUBSTITUTE FOR S.B. No. 6 By: Zaffirini
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to Laredo State University.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Subsections (a) and (b), Section 87.501,
1-28 Education Code, are amended to read as follows:
1-29 (a) Texas A&M International <Laredo State> University is a
1-30 coeducational upper-level educational institution located in the
1-31 city of Laredo. The upper-level institution is a component
1-32 institution of The Texas A&M University System and is under the
1-33 management and control of the board of regents of The Texas A&M
1-34 University System.
1-35 (b) The board has the same powers and duties concerning
1-36 Texas A&M International <Laredo State> University as are conferred
1-37 on it by statute concerning Texas A&M University.
1-38 SECTION 2. Effective September 1, 1995, Subsections (a) and
1-39 (c), Section 87.501, Education Code, are amended to read as
1-40 follows:
1-41 (a) Texas A&M International <Laredo State> University is a
1-42 coeducational <upper-level> educational institution located in the
1-43 city of Laredo. The <upper-level> institution is a component
1-44 institution of The Texas A&M University System and is under the
1-45 management and control of the board of regents of The Texas A&M
1-46 University System.
1-47 (c) The <upper-level> institution may teach undergraduate or
1-48 graduate <only junior, senior, and master's> level courses.
1-49 SECTION 3. Subsections (d) and (e), Section 87.502,
1-50 Education Code, are amended to read as follows:
1-51 (d) The board shall adopt other rules for the operation,
1-52 control, and management of Texas A&M International <Laredo State>
1-53 University as may be necessary for the institution to be a
1-54 first-class upper-level institution of higher education.
1-55 (e) The board may make joint faculty appointments in Texas
1-56 A&M International <Laredo State> University and in other
1-57 institutions under its governance. The salary of a person who
1-58 receives a joint appointment shall be apportioned to the appointing
1-59 institution on the basis of services rendered.
1-60 SECTION 4. Effective September 1, 1995, Subsections (a),
1-61 (b), and (d), Section 87.502, Education Code, are amended to read
1-62 as follows:
1-63 (a) The board, with the approval of the Texas Higher
1-64 Education Coordinating Board, may prescribe courses leading to
1-65 customary degrees as are offered at leading American educational
1-66 institutions and may award those degrees.
1-67 (b) The degrees offered by the <upper-level> institution may
1-68 include <only> baccalaureate, <and> master's, and doctoral degrees
2-1 and their equivalents.
2-2 (d) The board shall adopt other rules for the operation,
2-3 control, and management of Texas A&M International <Laredo State>
2-4 University as may be necessary for the institution to be a
2-5 first-class <upper-level> institution of higher education.
2-6 SECTION 5. Section 87.502, Education Code, is amended by
2-7 adding Subsection (f) to read as follows:
2-8 (f) The board, with the approval of the Texas Higher
2-9 Education Coordinating Board, may contract with the governing board
2-10 of another general academic teaching institution, as defined by
2-11 Section 61.003 of this code, or with the governing board of a
2-12 college or university in Mexico, to offer joint degree programs.
2-13 SECTION 6. Section 87.503, Education Code, is amended to
2-14 read as follows:
2-15 Sec. 87.503. GRADUATE SCHOOL OF INTERNATIONAL TRADE.
2-16 Subject to the approval of the governing board of Texas A&M
2-17 International <Laredo State> University and the Texas Higher
2-18 Education Coordinating Board, a graduate school of international
2-19 trade at Texas A&M International <Laredo State> University shall be
2-20 established.
2-21 SECTION 7. Subsection (a), Section 87.504, Education Code,
2-22 is amended to read as follows:
2-23 (a) The board shall establish a center for border economic
2-24 and enterprise development at Texas A&M International <Laredo
2-25 State> University.
2-26 SECTION 8. Effective September 1, 1995, Subchapter C,
2-27 Chapter 61, Education Code, is amended by adding Section 61.0592 to
2-28 read as follows:
2-29 Sec. 61.0592. UPPER-LEVEL TRANSITION FUNDING FOR TEXAS A&M
2-30 INTERNATIONAL UNIVERSITY. (a) Notwithstanding Section 61.059 of
2-31 this code, a formula adopted by the board under that section that
2-32 provides a differential rate for each semester credit hour between
2-33 four-year general academic teaching institutions and upper-level
2-34 institutions shall be modified and applied as provided by this
2-35 section to Texas A&M International University.
2-36 (b) In addition to other funding that Texas A&M
2-37 International University is entitled to receive, the university is
2-38 entitled to receive additional funds in accordance with this
2-39 section.
2-40 (c) The formula for four-year general academic teaching
2-41 institutions shall be applied to all lower-division semester credit
2-42 hours.
2-43 (d) For the first two state fiscal years that begin after
2-44 Texas A&M International University first admits lower-division
2-45 students or offers lower-division courses, the formula for
2-46 upper-level general academic teaching institutions shall be applied
2-47 to upper-division semester credit hours at the university.
2-48 (e) Beginning with the third state fiscal year that begins
2-49 after Texas A&M International University first admits
2-50 lower-division students or offers lower-division courses, the
2-51 formula for four-year general academic teaching institutions shall
2-52 be applied to upper-division semester credit hours at the
2-53 university, except that the board shall modify the formula to
2-54 provide the university additional funding equal to a percent of the
2-55 difference between the amount derived from the application of the
2-56 four-year formula to the university's upper-division semester
2-57 credit hours and the amount derived from the application of the
2-58 upper-level formula to those semester credit hours. The percent to
2-59 be applied to that difference is 87.5 percent for the first fiscal
2-60 year to which this subsection applies and is reduced by 12.5
2-61 percentage points for each subsequent fiscal year.
2-62 SECTION 9. The heading to Subchapter F, Chapter 87,
2-63 Education Code, is amended to read as follows:
2-64 SUBCHAPTER F. TEXAS A&M INTERNATIONAL <LAREDO STATE> UNIVERSITY
2-65 SECTION 10. Section 55.1712, Education Code, is amended to
2-66 read as follows:
2-67 Sec. 55.1712. TEXAS A&M INTERNATIONAL <LAREDO STATE>
2-68 UNIVERSITY. (a) The board of regents of The Texas A&M University
2-69 System may acquire, purchase, construct, improve, enlarge, and
2-70 equip property, buildings, structures, facilities, roads, and
3-1 related infrastructure for Texas A&M International <Laredo State>
3-2 University.
3-3 (b) The board may finance those items listed under
3-4 Subsection (a) of this section through the issuance of bonds under
3-5 this subchapter and in accordance with its existing system-wide
3-6 revenue financing program. The board may pledge irrevocably to the
3-7 payment of those bonds all or any part of the aggregate amount of
3-8 student tuition charges required or authorized by law to be imposed
3-9 on students enrolled at Texas A&M International <Laredo State>
3-10 University. The amount of a pledge made under this subsection may
3-11 not be reduced or abrogated while the bonds for which the pledge is
3-12 made, or bonds issued to refund those bonds, are outstanding.
3-13 (c) Bonds issued under this section may not be issued in an
3-14 aggregate principal amount exceeding $30 million.
3-15 SECTION 11. Section 61.055, Education Code, is amended to
3-16 read as follows:
3-17 Sec. 61.055. Initiation of New Departments, Schools, and
3-18 Programs. Except as otherwise provided by law, a <No> new
3-19 department, school, or degree or certificate program approved by
3-20 the board or its predecessor, the Texas Commission on Higher
3-21 Education, may not be initiated by any institution of higher
3-22 education until the board has made a written finding that the
3-23 department, school, or degree or certificate program is adequately
3-24 financed by legislative appropriation, by funds allocated by the
3-25 board, or by funds from other sources.
3-26 SECTION 12. Subsection (a), Section 62.021, Education Code,
3-27 is amended to read as follows:
3-28 (a) Each fiscal year, an eligible institution is entitled to
3-29 receive an amount allocated in accordance with this section from
3-30 funds appropriated by Article VII, Section 17(a), of the
3-31 Constitution of Texas. The comptroller of public accounts shall
3-32 distribute funds allocated under this subsection only on
3-33 presentation of a claim and issuance of a warrant in accordance
3-34 with Section 403.071, Government Code. The comptroller may not
3-35 issue a warrant from any funds allocated under this subsection
3-36 before the delivery of goods or services described in Section 17,
3-37 Article VII, Texas Constitution, except for the payment of
3-38 principal or interest on bonds or notes. The allocation of funds
3-39 under this subsection is made in accordance with an equitable
3-40 formula consisting of the following elements: space deficit,
3-41 facilities condition, institutional complexity, separate allocation
3-42 for medical units, and additional allocation for compliance with
3-43 the Texas Desegregation Plan. The amounts allocated by such
3-44 formula are as follows:
3-45 $ 2,971,685 East Texas State University including
3-46 East Texas State University at
3-47 Texarkana;
3-48 $ 7,125,680 Lamar University including Lamar
3-49 University at Orange and Lamar
3-50 University at Port Arthur;
3-51 $ 1,645,885 Midwestern State University;
3-52 $11,444,067 University of North Texas;
3-53 $ 3,196,287 The University of Texas--Pan American
3-54 <University> and The University
3-55 of Texas at Brownsville;
3-56 $ 5,152,124 Stephen F. Austin State University;
3-57 $ 2,166,667 Texas College of Osteopathic Medicine;
3-58 $19,724,411 Texas State University System
3-59 Administration and the following
3-60 component institutions:
3-61 Angelo State University;
3-62 Sam Houston State University;
3-63 Southwest Texas State University;
3-64 Sul Ross State University including
3-65 Uvalde Study Center;
3-66 $ 6,596,436 Texas Southern University (includes
3-67 allocation of $2,700,000 for
3-68 compliance with Texas Desegregation
3-69 Plan);
3-70 $10,538,296 Texas Tech University;
4-1 $ 4,333,333 Texas Tech University Health Sciences
4-2 Center;
4-3 $ 3,583,869 Texas Woman's University;
4-4 $15,799,996 University of Houston System
4-5 Administration and the following
4-6 component institutions:
4-7 University of Houston;
4-8 University of Houston--Victoria;
4-9 University of Houston--Clear Lake;
4-10 University of Houston--Downtown;
4-11 $ 3,636,316 <University System of South Texas>
4-12 <System Administration and the>
4-13 <following component institutions:>
4-14 Corpus Christi State University;
4-15 Texas A&M International
4-16 <Laredo State> University;
4-17 Texas A&I University; and
4-18 $ 2,084,948 West Texas State University.
4-19 SECTION 13. Subsection (e), Section 69.22, Education Code,
4-20 is amended to read as follows:
4-21 (e) The center established under this section shall
4-22 cooperate fully with similar programs operated by Texas A&M
4-23 International <Laredo State> University, The University of
4-24 Texas--Pan American <University>, and other institutions of higher
4-25 education.
4-26 SECTION 14. Subsection (e), Section 77.36, Education Code,
4-27 is amended to read as follows:
4-28 (e) The center established under this section shall
4-29 cooperate fully with similar programs operated by The University of
4-30 Texas at El Paso, Texas A&M International <Laredo State>
4-31 University, and other institutions of higher education.
4-32 SECTION 15. Subsection (b), Section 481.060, Government
4-33 Code, is amended to read as follows:
4-34 (b) The electronic data base advisory committee is composed
4-35 of:
4-36 (1) a representative from the center for border
4-37 economic and enterprise development at The University of Texas at
4-38 El Paso, appointed by the president of the university;
4-39 (2) a representative from the University of North
4-40 Texas Institute for Regional Industrialization and Manufacturing
4-41 Technology, appointed by the president of the university;
4-42 (3) a representative from the Bureau of Business
4-43 Research at The University of Texas at Austin, appointed by the
4-44 president of the university;
4-45 (4) a representative from the Texas Agriculture Market
4-46 and Research Center, appointed by the president of Texas A&M
4-47 University;
4-48 (5) a representative from The University of Texas at
4-49 San Antonio, College of Business, division of management and
4-50 marketing, appointed by the president of the university;
4-51 (6) a representative from The University of Texas-Pan
4-52 American, appointed by the president of the university;
4-53 (7) a representative from Texas A&M International
4-54 <Laredo State> University, appointed by the president of the
4-55 university;
4-56 (8) a representative from Texas Tech University,
4-57 appointed by the president of the university;
4-58 (9) a representative from the University of Houston,
4-59 appointed by the president of the university;
4-60 (10) a representative from Lamar University, appointed
4-61 by the president of the university; and
4-62 (11) persons appointed by the governor or the
4-63 executive director of the department.
4-64 SECTION 16. Paragraph (A), Subdivision (5), Section 2,
4-65 Chapter 421, Acts of the 63rd Legislature, Regular Session, 1973
4-66 (Article 6252-9b, Vernon's Texas Civil Statutes), is amended to
4-67 read as follows:
4-68 (A) "Appointed officer of a major state agency"
4-69 means any of the following:
4-70 (i) a member of the Public Utility
5-1 Commission of Texas;
5-2 (ii) a member of the Texas Department of
5-3 Commerce;
5-4 (iii) a member of the Texas Board of
5-5 Aviation;
5-6 (iv) a member of the Texas Air Control
5-7 Board;
5-8 (v) a member of the Texas Alcoholic
5-9 Beverage Commission;
5-10 (vi) a member of the Finance Commission of
5-11 Texas;
5-12 (vii) a member of the State Purchasing and
5-13 General Services Commission;
5-14 (viii) a member of the Texas Board of
5-15 Criminal Justice;
5-16 (ix) a member of the Board of Trustees of
5-17 the Employees Retirement System of Texas;
5-18 (x) a member of the State Highway and
5-19 Public Transportation Commission;
5-20 (xi) a member of the Texas Workers'
5-21 Compensation Commission;
5-22 (xii) a member of the State Board of
5-23 Insurance;
5-24 (xiii) a member of the Parks and Wildlife
5-25 Commission;
5-26 (xiv) a member of the Public Safety
5-27 Commission;
5-28 (xv) the Secretary of State;
5-29 (xvi) a member of the State Securities
5-30 Board;
5-31 (xvii) a member of the Texas Amusement
5-32 Machine Commission;
5-33 (xviii) a member of the Texas Water
5-34 Development Board;
5-35 (xix) a member of the Texas Water
5-36 Commission;
5-37 (xx) a member of the governing board of a
5-38 state senior college or university as defined by Section 61.003,
5-39 Education Code, including The University of Texas at Arlington; The
5-40 University of Texas at Austin; The University of Texas at Dallas;
5-41 The University of Texas at El Paso; The University of Texas--Pan
5-42 American; The University of Texas at<--Pan American-->Brownsville;
5-43 The University of Texas of the Permian Basin; The University of
5-44 Texas at San Antonio; The University of Texas at Tyler; The
5-45 University of Texas Southwestern Medical Center at Dallas; The
5-46 University of Texas Medical Branch at Galveston; The University of
5-47 Texas Health Science Center at Houston; The University of Texas
5-48 Health Science Center at San Antonio; The University of Texas
5-49 System Cancer Center; The University of Texas Health Science Center
5-50 at Tyler; Texas A&M University; Texas A&M University at Galveston;
5-51 Prairie View A&M University; Tarleton State University; Corpus
5-52 Christi State University; Texas A&I University; Texas A&M
5-53 International <Laredo State> University; East Texas State
5-54 University; East Texas State University at Texarkana; University of
5-55 Houston; University of Houston--Clear Lake; University of
5-56 Houston--Downtown; University of Houston--Victoria; Lamar
5-57 University at Beaumont; Lamar University at Orange; Lamar
5-58 University at Port Arthur; Midwestern State University; University
5-59 of North Texas; Texas College of Osteopathic Medicine; Stephen F.
5-60 Austin State University; Texas Southern University; Texas Tech
5-61 University; Texas Tech University Health Sciences Center; Texas
5-62 Woman's University; West Texas State University; Angelo State
5-63 University; Sam Houston State University; Southwest Texas State
5-64 University; Sul Ross State University; Sul Ross State
5-65 University--Uvalde Center; Texas State Technical College
5-66 <Institute>--Amarillo; Texas State Technical College
5-67 <Institute>--Harlingen; Texas State Technical College
5-68 <Institute>--Sweetwater; and Texas State Technical College
5-69 <Institute>--Waco;
5-70 (xxi) a member of the Texas Higher
6-1 Education Coordinating Board;
6-2 (xxii) a member of the Texas Employment
6-3 Commission;
6-4 (xxiii) a member of the State Banking
6-5 Board;
6-6 (xxiv) a member of the board of trustees
6-7 of the Teachers Retirement System of Texas;
6-8 (xxv) a member of the Credit Union
6-9 Commission;
6-10 (xxvi) a member of the School Land Board;
6-11 (xxvii) a member of the board of the Texas
6-12 Department of Housing and Community Affairs;
6-13 (xxviii) a member of the Texas Racing
6-14 Commission;
6-15 (xxix) a member of the State Board of
6-16 Dental Examiners;
6-17 (xxx) a member of the Texas Board of
6-18 Licensure for Nursing Home Administrators;
6-19 (xxxi) a member of the Texas State Board
6-20 of Medical Examiners;
6-21 (xxxii) a member of the Board of Pardons
6-22 and Paroles;
6-23 (xxxiii) a member of the Texas State Board
6-24 of Pharmacy;
6-25 (xxxiv) the Banking Commissioner of the
6-26 Banking Department of Texas;
6-27 (xxxv) a member of the Department of
6-28 Information Resources Governing Board;
6-29 (xxxvi) the fire fighters' pension
6-30 commissioner;
6-31 (xxxvii) a member of the Texas Motor
6-32 Vehicle Commission;
6-33 (xxxviii) the director of the Office of
6-34 Court Administration of the Texas Judicial System;
6-35 (xxxix) the chief executive of the Office
6-36 of Public Utility Counsel;
6-37 (xl) a member of the Texas Real Estate
6-38 Commission;
6-39 (xli) a member of the board of directors
6-40 and the executive director of the State Bar of Texas;
6-41 (xlii) a member of the Bond Review Board;
6-42 (xliii) a member of the Texas Board of
6-43 Health;
6-44 (xliv) a member of the Texas Board of
6-45 Mental Health and Mental Retardation;
6-46 (xlv) a member of the Texas Board on
6-47 Aging;
6-48 (xlvi) a member of the Texas Board of
6-49 Human Services;
6-50 (xlvii) a member of the Texas Funeral
6-51 Service Commission;
6-52 (xlviii) a member of the board of
6-53 directors of a river authority created under the constitution or
6-54 laws of this state;
6-55 (xlix) the director of the lottery
6-56 division in the office of the comptroller; or
6-57 (l) the deputy in charge of the department
6-58 of security in the lottery division in the office of the
6-59 comptroller.
6-60 SECTION 17. (a) The name of Laredo State University is
6-61 changed to Texas A&M International University.
6-62 (b) A reference in law to Laredo State University means
6-63 Texas A&M International University.
6-64 (c) An appropriation for the use and benefit of Laredo State
6-65 University is available for the use and benefit of Texas A&M
6-66 International University.
6-67 (d) Before using new stationery or other supplies printed
6-68 with the university's name as changed by this Act, the university
6-69 shall use all stationery and other supplies that are printed with
6-70 the university's former name and that are in its possession on the
7-1 effective date of this Act.
7-2 SECTION 18. Except as otherwise provided by this Act, this
7-3 Act takes effect September 1, 1993.
7-4 SECTION 19. The importance of this legislation and the
7-5 crowded condition of the calendars in both houses create an
7-6 emergency and an imperative public necessity that the
7-7 constitutional rule requiring bills to be read on three several
7-8 days in each house be suspended, and this rule is hereby suspended,
7-9 and that this Act take effect and be in force according to its
7-10 terms, and it is so enacted.
7-11 * * * * *
7-12 Austin,
7-13 Texas
7-14 March 3, 1993
7-15 Hon. Bob Bullock
7-16 President of the Senate
7-17 Sir:
7-18 We, your Committee on Finance to which was referred S.B. No. 6,
7-19 have had the same under consideration, and I am instructed to
7-20 report it back to the Senate with the recommendation that it do not
7-21 pass, but that the Committee Substitute adopted in lieu thereof do
7-22 pass and be printed.
7-23 Montford,
7-24 Chairman
7-25 * * * * *
7-26 WITNESSES
7-27 FOR AGAINST ON
7-28 ___________________________________________________________________
7-29 Name: Herbert Richardson x
7-30 Representing: Tx A&M Univ. System
7-31 City: College Station
7-32 -------------------------------------------------------------------
7-33 Name: Leo Sayavedra x
7-34 Representing: Laredo State University
7-35 City: Laredo
7-36 -------------------------------------------------------------------
7-37 Name: Saul N. Ramirez, Jr., Mayor x
7-38 Representing: City of Laredo
7-39 City: Laredo
7-40 -------------------------------------------------------------------
7-41 Name: Mercurio Martinez, Judge x
7-42 Representing: Webb County
7-43 City: Laredo
7-44 -------------------------------------------------------------------
7-45 Name: J.J. Haynes x
7-46 Representing: 4-U Laredo Foundation
7-47 City: Laredo
7-48 -------------------------------------------------------------------
7-49 Name: Jorge Haynes x
7-50 Representing: Intnal Bank of Commerce
7-51 City: Laredo
7-52 -------------------------------------------------------------------
7-53 Name: Tony Sanchez, Jr., 4U Foundation x
7-54 Representing: Tx A&M International
7-55 City: Laredo
7-56 -------------------------------------------------------------------
7-57 Name: Dennis E. Nixon, 4-U Foundation x
7-58 Representing: Tx A&M International
7-59 City: Laredo
7-60 -------------------------------------------------------------------
7-61 Name: Hector H. Garcia x
7-62 Representing: 4-U Laredo Foundation
7-63 City: Laredo
7-64 -------------------------------------------------------------------
7-65 Name: James D. Kazen x
7-66 Representing: 4-U Laredo Foundation
7-67 City: Laredo
7-68 -------------------------------------------------------------------
7-69 Name: Joaquin Cigarroa x
7-70 Representing: 4-U Laredo Foundation
8-1 City: Laredo
8-2 -------------------------------------------------------------------
8-3 Name: Peggy J. Newman x
8-4 Representing: 4-U Laredo Foundation
8-5 City: Laredo
8-6 -------------------------------------------------------------------
8-7 FOR AGAINST ON
8-8 ___________________________________________________________________
8-9 Name: Adrian K. Killam x
8-10 Representing: Killam Oil Company
8-11 City: Laredo
8-12 -------------------------------------------------------------------